S.I. No. 685/2006 - Planning and Development Regulations 2006
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4 amending acts · 2024-10-17, PLANNING AND DEVELOPMENT ACT 2024
| “PART 18 Strategic Infrastructure Development | “PART 18 Strategic Infrastructure Development | |
| Interpretation for this Part. | 209. For the purposes of this Part, unless the context otherwise requires — “application” means an application for permission under section 37E or an application for approval under sections 181A, 182A or 182C of the Act in respect of a strategic infrastructure development, “pre-application consultation” means the consultations provided for in sections 37B(1), 181C(1) or 182E of the Act, “prospective applicant” means — (a) in the case of an application for permission under section 37E of the Act, the person referred to in section 37B(2) of the Act, (b) in the case of an application for approval under section 181A of the Act, the relevant State authority, or (c) in the case of an application for approval under sections 182A or 182C of the Act, the prospective applicant referred to in section 182E(1). | |
| Pre-application discussions. | 210. (1) On receipt of a request to enter into pre-application consultations, the Board shall notify the relevant planning authority of the request. (2) The Board shall, during the course of a pre-application consultation, indicate to a prospective applicant: (a) the plans, particulars or other information which the Board will require for the purposes of consideration of an application, (b) the time frames and sequencing to be applied to the application process, and (c) any other matters in relation to the application process as the Board considers appropriate. (3) (a) Where the Board is of the opinion that the proposed development would be likely to have significant effects on the environment in a transboundary State, it shall indicate to the prospective applicant: (i) which bodies, in which States, should be notified for the purposes of Section 37E(3)(d), 181A(3)(c), 182A(4)(c) or 182B(4)(b)(iv), as appropriate, and (ii) how many copies of the application and environmental impact statement should be sent with the notification referred to in (i). (b) For the purposes of determining which bodies are to be included under paragraph (a), the Board may consult with - (i) the Minister for the Environment, Heritage and Local Government, (ii) the Environmental Protection Agency, (iii) the Minister for Communications, Marine and Natural Resources, or (iv) the relevant planning authority, as it considers appropriate. (4) The Board may, during the course of a pre-application consultation, require a prospective applicant to give notice to the public or to carry out consultations with the public in advance of an application being submitted, including- (i) the erection or fixing of notice or notices on the site in a form to be specified by the Board, (ii) the provision of a specific place or a specific website to make available the application, environmental impact statement and any other relevant documentation for inspection or purchase at a fee not exceeding the reasonable cost of making a copy, (iii) the use of local or national media, or (iv) the holding of meetings, with any person or body or for the public. (5) During the course of a pre-application consultation, the Board may indicate to a prospective applicant which of the bodies prescribed under article 213 should, in the opinion of the Board, be notified by the prospective applicant of the making of an application and the prospective applicant shall notify those bodies. (6) Notwithstanding any indication given under sub-articles (2), (3), (4) or (5), nothing shall prevent the Board from requiring a prospective applicant for permission under section 37E or for approval under sections 181A, 182A or 182C to submit further information or from giving further notice to the public or to any person or body. | |
| Consultations on information to be contained in an environmental impact statement. | 211. (1) The specified bodies for the purposes of sections 37D(2)(a), 181C(3) and 182E(3) shall be — (i) the Minister for the Environment, Heritage and Local Government, (ii) the Environmental Protection Agency, (iii) the Minister for Communications, Marine and Natural Resources, (iv) the relevant planning authority. (2) In addition to the provisions of sub-article (1), the Board may invite submissions or observations in relation to the information to be contained in the environmental impact statement from the bodies referred to in Article 213, as appropriate. | |
| Additional requirement for public notice in respect of application. | 212. Any notice which an applicant is required to give to the public in respect of an application under sections 37E(3)(a), 181A(3)(a), 182A(4)(a) or 182C(4)(a) of the Act shall indicate the types of decision the Board can make in relation to the application. | |
| Prescribed bodies. | 213. (1) The prescribed bodies for the purposes of section 37E(3)(c), 146C(4)(c), 181A(3)(b), 182A(4)(b) and 182(C)(4)(b) of the Act are: (a) the Minister for the Environment, Heritage and Local Government, (b) the Minister for Communications, Marine and Natural Resources, (c) the planning authority or authorities in the area or areas in which it is proposed to situate the proposed development, (d) the National Roads Authority, (e) where the land or structure is situated in an area of special amenity, whether or not an order in respect of that area has been confirmed under section 203 (or deemed to be so confirmed under section 268(1)(c)) of the Act, or that the development or retention of the structure might obstruct any view or prospect of special amenity value or special interest - An Chomhairle Ealaíon, Fáilte Ireland and An Taisce - the National Trust for Ireland, (f) where the development might obstruct or detract from the value of any tourist amenity or tourist amenity works - Fáilte Ireland, (g) where the development — (i) would involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an architectural conservation area, (ii) might detract from the appearance of a structure referred to in sub-paragraph (i), (iii) might affect or be unduly close to — (I) a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest, (II) a monument or place recorded under section 12 of the National Monuments (Amendment) Act, 1994 (No. 17 of 1994), (III) a historic monument or archaeological area entered in the Register of Historic Monuments under Section 5 of the National Monuments (Amendment) Act, 1987 (No. 17 of 1987), (IV) a national monument in the ownership or guardianship of the Minister under the National Monuments Acts, 1930 to 1994, or (iv) might obstruct any scheme for improvement of the surroundings of or any means of access to any structure, place, feature or object referred to in sub-paragraph (iii), — the Heritage Council and An Taisce - the National Trust for Ireland, and in the case of development of a type referred to in sub-paragraph (i) or (ii), An Chomhairle Ealaíon and Fáilte Ireland, (h) where the area of any local authority might be affected by the development - that local authority, (i) where the development would not be consistent with or would materially contravene any regional planning guidelines (or any objective thereof) of a regional authority - that regional authority, (j) where the development (i) might cause the significant abstraction or addition of water either to or from surface or ground waters, whether naturally occurring or artificial, (ii) might give rise to significant discharges of polluting matters or other materials to such waters or be likely to cause serious water pollution or the danger of such pollution, or (iii) would involve the carrying out of works in, over, along or adjacent to the banks of such waters, or to any structure in, over or along the banks of such waters, which might materially affect the waters, — the appropriate Regional Fisheries Board and, in any case where the waters concerned are listed in Part 1 of Annex 1 of the Schedule to the British-Irish Agreement Act, 1999 (No. 1 of 1999), Waterways Ireland, (k) where the development might endanger or interfere with the safety of, or the safe and efficient navigation of, aircraft - the Irish Aviation Authority, (l) where the development might interfere with the operation and development of a licensed airport, whose annual traffic is not less than 1 million passenger movements - the airport operator, (m) where the development may have an impact on bus or rail-based transport, Córas Iompair Éireann and the Railway Procurement Agency, as appropriate, (n) where the development might significantly impact on surface transport in the Greater Dublin Area, the Dublin Transportation Office (or any body that replaces that office), (o) where the development might significantly impact on transport or maritime navigation, the Minister for Transport, (p) where the development comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence — the Environmental Protection Agency; (q) where the development might have significant effects in relation to nature conservation — the Heritage Council and An Taisce - the National Trust for Ireland, (r) where the development is in a Gaeltacht area and it appears to the Board that it might materially affect the linguistic and cultural heritage of the Gaeltacht, including the promotion of Irish as the community language - the Minister for Community, Rural and Gaeltacht Affairs and Údarás na Gaeltachta, (s) where the development is in the vicinity of an explosives factory, storage magazine or local authority explosives store - the Minister for Justice, Equality and Law Reform, (t) where the application could result in, or requires initial afforestation or the removal of broadleaf high forest - the Minister for Agriculture and Food and the Heritage Council, (u) where the development might have significant effects on public health - the Health Service Executive, (v) where the application relates to the development of energy infrastructure, or may have an impact on energy infrastructure - the Commission for Energy Regulation, and (w) where the development might - (i) give rise to a significant increase in the volume or type of traffic (including construction traffic) passing under a height restricted railway bridge, or using a railway level crossing, or a bridge over a railway, (ii) because of its proximity to a railway, impact on the structural integrity of railway infrastructure during construction of the development, or (iii) endanger or interfere with the safe operation of a railway, during or after construction, — the railway operator, the Railway Safety Commission, and, in the case of development which might impact on a light railway or metro, the Railway Procurement Agency. (2) A notice to prescribed bodies under sections 37E(3)(c), 181A(3)(b), 182A(4)(a) or 182C(4)(a) shall indicate the types of decision the Board may make in relation to the application and shall include one copy of the application and environmental impact statement (or where the person or body consents to the receiving of information in that form, in electronic form). (3) The Board may, at any time, require the applicant to send copies or additional copies of an application and environmental impact statement (including copies in electronic form) to any body or person as it may determine. | |
| Application procedure. | 214. (1) When making an application for strategic infrastructure development, the applicant shall send to the Board - (a) 10 copies of the plans and particulars of the proposed development (including any plans, particulars or other information indicated by the Board under article 210(2) and of the environmental impact statement, (b) a copy of the notice published in accordance with sections 37E(3)(a), 181A(3)(a), 182A(4)(a) or 182C(4)(a) of the Act, as may be appropriate, (c) a list of the bodies notified of the application under sections 37E(3)(c), 181A(3)(b), 182A(4)(a) or 182C(4)(a) of the Act, as may be appropriate, and an indication of the date on which notice was sent, and (d) a list of any other public notice given or other public consultations conducted by the applicant, including any notice or consultations done on foot of a requirement by the Board under article 210, and an indication of the date or dates of such additional notice or consultations. (2) Where the Board so consents or specifies, any or all of the copies or other information specified in sub-article (1) shall be given in electronic form. | |
| Major Accidents. | 215. (1) In addition to the requirements of article 213, where the proposed development - (i) will be of a category listed in Table 1 of Schedule 8, (ii) will be located within the distance listed in column 2 of Table 2 of Schedule 8 from an establishment of the corresponding type listed in column 1 of Table 2, or be located within such distance from a particular establishment as has been specified by the Health and Safety Authority in technical advice provided under article 27 of the Major Accident Regulations, (iii) relates to the provision of, or modifications to, an establishment, or (iv) would, in the opinion of the Board be in the vicinity of, or would impact on, an establishment and be relevant to the risk or consequences of a major accident, and the Health and Safety Authority has not previously provided to the Board, either in relation to the proposed development or on a generic basis, relevant technical advice on the risk or consequences of a major accident, the Board shall notify the Health and Safety Authority. (2) In forming an opinion pursuant to sub-article (1)(d), the Board shall have regard to Tables 1 and 2 of Schedule 8. (3) A notice sent by the Board under sub-article (1) shall - (a) issue as soon as may be following receipt of the application, (b) include a copy of the application and environmental impact statement, (c) identify the relevant establishment or establishments, and (d) request technical advice on the effects of the proposed development on the risk or consequences of a major accident. (4) In addition to the requirements of article 216, in the case of an application to which article 215 refers, the list shall indicate that fact. (5) Any notice which an applicant is required to give to the public in respect of an application under sections 37E(3)(a), 181A(3)(a), 182A(4)(a), 182C(4)(a) or 146C(4) of the Act shall, in the case of an application to which article 215 refers, indicate that fact. | |
| Weekly list | 216. (1) A list referred to in Article 72 shall also include: (a) any applications for strategic infrastructure development received, or (b) any applications for strategic infrastructure development determined or otherwise disposed of by the Board. (2) A list referred to in sub-article (1) in respect of any applications in respect of strategic infrastructure development shall indicate: (a) the reference number of the application, (b) the name and address of the applicant, (c) the location of the proposed development, (d) the nature and extent of the development, and (e) the date of receipt of the application. (3) A list referred to in sub-article (1) in respect of any applications for strategic infrastructure development determined or dismissed by the Board, or withdrawn shall indicate: (a) the reference number of the application, (b) the nature and location of the development, (c) the name and address of the applicant, (d) the nature of the decision, (e) the date of the decision, and (f) the locations at which a full copy of the decision will be available. | |
| Submissions or observations in relation to an application. | 217. (1) (a) Any submission or observation to the Board in relation to an application shall be made within the period specified in the notice published in accordance with sections 37E(3)(a), 146C(4), 181A(3)(a), 182A(4)(a) or 182C(4)(a) of the Act, as may be appropriate, shall be accompanied by such fee (if any) as may be payable and shall state- (i) the name and address and the telephone number or e-mail address, if any, of the person making the submission or observation and the name and address and the telephone number or e-mail address, if any, of any person acting on his or her behalf, (ii) the subject matter of the submission or observation, and (iii) the reasons, considerations and arguments on which the submission or observation is based in full. (b) Where the Board so consents, a submission or observation may be made in electronic form. (2) (a) The Board shall acknowledge in writing the receipt of any submission or observation referred to in sub-article (1) as soon as may be following receipt of the submission or observation. (b) The acknowledgement and any further correspondence from the Board in relation to the matter shall issue in the format in which the submission or observation was received unless otherwise agreed. (3) Any submissions or observations that do not comply with sub-article (1) shall not be considered by the Board. (4) (a) Without prejudice to paragraph (b), a person who makes submissions or observations to the Board in accordance with this article shall not be entitled to elaborate upon the submissions or observations or make further submissions or observations in relation to the application and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it. (b) The Board may, at any time before making its decision ask any person to make submissions or observations or elaborate upon submissions or observations in relation to an application. | |
| Further information, submissions, meetings etc. | 218. (1) Before determining any application for approval under Sections 181A, 182A or 182C, the Board may at any time, where it considers it necessary or expedient in respect of making a decision: (a) request further submissions or observations from the applicant for permission, any person who made submissions or observations, or any other person who may, in the opinion of the Board, have information which is relevant to the determination of the application, (b) make any information relating to the application available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions or observations to be made to it within such period as it may specify, or (c) hold meetings with the applicant for approval or any other person- (i) where it appears to the Board to be expedient for the purpose of determining the application, or (ii) where it appears to the Board to be necessary or expedient for the purpose of resolving any issue with the applicant for permission or any disagreement between the applicant and any other party, including resolving any issue or disagreement in advance of an oral hearing. (2) The Board shall keep a record in writing of any consultation undertaken under sub-article (1) and a copy of such record shall be placed and kept with the documents to which any application in respect of the proposed development relates. | |
| Content of notice of Board's decision on application for permission. | 219. Any notice of a decision made by the Board in respect of an application for permission under section 37G(3) or a decision in respect of an application for approval under sections 181B(6), 182B(5) or 182D(5) of the Act shall state that, in making a decision, the Board has had regard to any submissions or observations received in accordance with the Act or these Regulations. | |
| Content of decision on application for approval of strategic infrastructure development. | 220. (1) The Board shall, as soon as may be following the making of its decision on an application for approval under sections 181B(6), 182B(5) or 182D(5) of the Act shall- (a) publish in an approved newspaper notice of its decision, and (b) notify the applicant concerned, the planning authority or authorities in whose area the development would be situated and any person or body who made a submission or observation in respect of the application for approval concerned. (2) Notice of the decision of the Board under sub-article (1)(b) shall include- (a) the reference number of the application, (b) the development to which the decision relates, (c) the nature of the decision, (d) the date of the decision, (e) the main reasons and considerations on which the decision is based, and (f) any conditions attached to a decision, including conditions relating to community gain and the main reasons for the imposition of any such conditions.”. | |
| Notice under 146C(4). | 221. (1) (a) Where the requester is required to send a copy of the environmental impact statement, together with a notice, to a Member State of the European Communities or a state which is a party to the Transboundary Convention under Section 146C(4)(d) of the Act, the Board shall indicate to the requester which bodies, in which states, are to be notified. (b) For the purposes of determining which bodies are to be included under paragraph (a), the Board may consult with - (i) the Minister for the Environment, Heritage and Local Government. (ii) the Environmental Protection Agency, (iii) the Minister for Communications, Marine and Natural Resources, or (iv) the relevant planning authority as appropriate. (2) A notice in accordance with Section 146C(4) of the Act shall include: (a) a description of the development, including location, (b) the reference number of the initial approval or permission, (c) the nature and extent of the proposed alteration, (d) the name and address of the requestor, and (e) the types of the decision the Board may make in relation to the application. | |
| Application of this Part. | 222. For the avoidance of doubt, this Part shall not apply to any development where an application has been lodged prior to the coming into force of this Part.”. |
Substitution of Schedule 3 of the Regulations.
42.
42. (1) Schedule 3 of the Regulations is hereby substituted by the Schedule to these Regulations.
SCHEDULE
Schedule 3 Prescribed Notices
| Form no. 1 | Article 19 |
Site notice.
NAME OF PLANNING AUTHORITY.^1
SITE NOTICE
I, ___^2, intend to apply for permission / retention permission / outline permission/ permission consequent on the grant of outline permission (Ref. No. of outline permission)^3 for development at this site ____________
_____________^4
The development will consist/consists^5 of ____________
_____________^6
The planning application may be inspected or purchased at the offices of the planning authority during its public opening hours. A submission or observation in relation to the application may be made in writing to the planning authority on payment of the prescribed fee within the period of 5 weeks beginning on the date of receipt by the authority of the application.
Signed: __^7
Date of erection of site notice___^8
Directions for completing this notice.
The name of the planning authority to which the planning application will be made should be inserted here.
The name of the applicant for permission (and not his or her agent) should be inserted here.
Delete as appropriate. The types of permission which may be sought are -
- (a) permission,
- (b) retention permission,
- (c) outline permission,
- (d) permission consequent on the grant of outline permission. If this type of permission is being sought, the reference number on the planning register of the relevant outline permission should be included.
The location, townland or postal address of the land or structure to which the application relates should be inserted here.
Delete as appropriate. The present tense should be used where retention permission is being sought.
A brief description of the nature and extent of the development should be inserted here. The description shall include -
- (a) where the application relates to development consisting of or comprising the provision of houses, the number of houses to be provided. ‘Houses’ includes buildings designed as 2 or more dwellings or flats, apartments or other dwellings within a building,
- (b) where the application relates to the retention of a structure, the nature of the proposed use of the structure and, where appropriate, the period for which it is proposed to retain the structure,
- (c) where the application relates to development which would consist of or comprise the carrying out of works to a protected structure or proposed protected structure, an indication of that fact,
- (d) where an environmental impact statement has been prepared in respect of the planning application, an indication of that fact,
- (e) where the application relates to development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact, or
- (f) where a planning application relates to development consisting of the provision of, or modifications to an establishment within the meaning of Part 11 of these Regulations (Major Accidents Directive), an indication of that fact.
Either the signature of the applicant or the signature and contact address of the person acting on behalf of the applicant should be inserted here.
The date that the notice is erected or fixed at the site should be inserted here.
| Form no. 2 | Article 22 |
Planning Application Form.
BEFORE FILLING OUT THIS FORM PLEASE NOTE THE FOLLOWING:
| STANDARD PLANNING APPLICATION FORM AND ACCOMPANYING DOCUMENTATION: |
| Please ensure that each section of this application form is fully completed and signed. The applicant should enter n/a (not applicable) where appropriate. |
| Please ensure that all necessary documentation is attached to your application form. |
| Failure to complete this form or attach the necessary documentation, or the submission of incorrect information or omission of required information will lead to the invalidation of your application. |
| ADDITIONAL INFORMATION |
| It should be noted that each planning authority has its own development plan, which sets out local development policies and objectives for its own area. The authority may therefore need supplementary information (i.e. other than that required in this form) in order to determine whether the application conforms with the development plan and may request this on a supplementary application form. |
| Failure to supply the supplementary information will not invalidate your planning application. However, if it is not supplied, the planning authority may not be able to reach a decision on whether or not to grant permission on the basis of the information available to it. Therefore failure to supply this information could delay the decision on an application or lead to a refusal of permission. |
| Applicants should therefore contact the relevant planning authority to determine what local policies and objectives would apply to the development proposed and whether additional information is required. |
PLANNING APPLICATION FORM
1. Name of Relevant Planning Authority:
2. Location of Proposed Development:
| Postal Address or Townland or Location (as may best identify the land or structure in question) | |
| Ordnance Survey Map Ref No (and the Grid Reference where available)^1 | |
3. Type of planning permission (please tick appropriate box):
[ ] Permission
[ ] Permission for retention
[ ] Outline Permission
[ ] Permission consequent on Grant of Outline Permission
4. Where planning permission is consequent on grant of outline permission:
Outline Permission Register Reference Number: ____
Date of Grant of Outline Permission: //___
5. Applicant^2:
| Name(s) | |
| Address(es) | |
| Telephone No. | |
| Mobile No. (if any) | |
| Email Address (if any) | |
| Fax No. (if any) |
6. Where Applicant is a Company (registered under the Companies Acts 1963 to 1999):
| Name(s) of company director(s) | |
| Registered Address (of company) | |
| Company Registration No. | |
| Telephone No. | |
| Email Address (if any) | |
| Fax No. (if any) |
7. Person/Agent acting on behalf of the Applicant (if any):
| Name | |
| Address | |
| Telephone No. | |
| Mobile No. (if any) | |
| Email Address (if any) | |
| Fax No. (if any) | |
| Should all correspondence be sent to the above address? (please tick appropriate box) | Should all correspondence be sent to the above address? (please tick appropriate box) |
| (Please note that if the answer is ‘No’, all correspondence will be sent to the Applicant's address) | (Please note that if the answer is ‘No’, all correspondence will be sent to the Applicant's address) |
| Yes [ ] | No [ ] |
8. Person responsible for preparation of Drawings and Plans^3:
| Name | |
| Address | |
| Telephone No. | |
| Mobile No. (if any) | |
| Email Address (if any) | |
| Fax No. (if any) |
9. Description of Proposed Development:
| Brief description of nature and extent of development^4 | |
10. Legal Interest of Applicant in the Land or Structure:
| Please tick appropriate box to show applicant's legal interest in the land or structure | A. Owner | B. Occupier |
| Please tick appropriate box to show applicant's legal interest in the land or structure | C. Other | C. Other |
| Where legal interest is ‘Other’, please expand further on your interest in the land or structure | ||
| If you are not the legal owner, please state the name and address of the owner and supply a letter from the owner of consent to make the application as listed in the accompanying documentation |
11. Site Area:
| Area of site to which the application relates in hectares | ha |
12. Where the application relates to a building or buildings:
| Gross floor space^5 of any existing building(s) in m^2 | |
| Gross floor space of proposed works in m^2 | |
| Gross floor space of work to be retained in m^2 (if appropriate) | |
| Gross floor space of any demolition in m^2 (if appropriate |
13. In the case of mixed development (e.g. residential, commercial, industrial, etc), please provide breakdown of the different classes of development and breakdown of the gross floor area of each class of development:
| Class of Development | Gross floor area in m^2 |
14. In the case of residential development please provide breakdown of residential mix:
| Number of | Studio | 1 Bed | 2 Bed | 3 Bed | 4 Bed | 4-Bed | Total |
| Houses | |||||||
| Apartments | |||||||
| Number of car-parking spaces to be provided | Existing: | Existing: | Proposed: | Proposed: | Proposed: | Total: | Total: |
15. Where the application refers to a material change of use of any land or structure or the retention of such a material change of use:
| Existing use^6 (or previous use where retention permission is sought) | |
| Proposed use (or use it is proposed to retain) | |
| Nature and extent of any such proposed use (or use it is proposed to retain) |
16. Social and Affordable Housing
| Please tick appropriate box | Yes | No |
| Is the application an application for permission for development to which Part V of the Planning and Development Act 2000 applies?^7 | ||
| If the answer to the above question is “yes” and the development is not exempt (see below), you must specify, as part of your application, the manner in which you propose to comply with section 96 of Part V of the Act. | ||
| If the answer to the above question is “yes” but you consider the development to be exempt by virtue of section 97 of the Planning and Development Act 2000 ^8, a copy of the Certificate of Exemption under section 97 must be submitted (or, where an application for a certificate of exemption has been made but has not yet been decided, a copy of the application should be submitted). | ||
| If the answer to the above question is “no” by virtue of section 96(13) of the Planning and Development Act 2000^9, details indicating the basis on which section 96(13) is considered to apply to the development should be submitted. |
17. Development Details
| Please tick appropriate box | Yes | No |
| Does the proposed development consist of work to a protected structure and/or its curtilage or proposed protected structure and/or its curtilage? | ||
| Does the proposed development consist of work to the exterior of a structure which is located within an architectural conservation area (ACA)? | ||
| Does the application relate to development which affects or is close to a monument or place recorded under section 12 of the National Monuments (Amendment) Act, 1994 ^10 | ||
| Does the application relate to work within or close to a European Site (under S.I. No.94 of 1997 ) or a Natural Heritage Area? | ||
| Does the proposed development require the preparation of an Environmental Impact Statement^11? | ||
| Does the application relate to a development which comprises or is for the purposes of an activity requiring an integrated pollution prevention and control licence? | ||
| Does the application relate to a development which comprises or is for the purposes of an activity requiring a waste licence? | ||
| Do the Major Accident Regulations apply to the proposed development? | ||
| Does the application relate to a development in a Strategic Development Zone? | ||
| Does the proposed development involve the demolition of any habitable house^12? |
18. Site History
| Details regarding site history (if known) | Details regarding site history (if known) |
| Has the site in question ever, to your knowledge, been flooded? | Has the site in question ever, to your knowledge, been flooded? |
| Yes [ ] | No [ ] |
| If yes, please give details e.g. year, extent. | If yes, please give details e.g. year, extent. |
| Are you aware of previous uses of the site e.g. dumping or quarrying? | Are you aware of previous uses of the site e.g. dumping or quarrying? |
| Yes [ ] | No [ ] |
| If yes, please give details. | If yes, please give details. |
| Are you aware of any valid planning applications previously made in respect of this land/structure? | Are you aware of any valid planning applications previously made in respect of this land/structure? |
| Yes [ ] | No [ ] |
| If yes, please state planning reference number(s) and the date(s) of receipt of the planning application(s) by the planning authority if known: | If yes, please state planning reference number(s) and the date(s) of receipt of the planning application(s) by the planning authority if known: |
| Reference No.:________Date:__ | Reference No.:________Date:__ |
| If a valid planning application has been made in respect of this land or structure in the 6 months prior to the submission of this application, then the site notice must be on a yellow background in accordance with Article 19(4) of the Planning and Development Regulations 2001 as amended. | If a valid planning application has been made in respect of this land or structure in the 6 months prior to the submission of this application, then the site notice must be on a yellow background in accordance with Article 19(4) of the Planning and Development Regulations 2001 as amended. |
| Is the site of the proposal subject to a current appeal to An Bord Pleanála in respect of a similar development^13? | Is the site of the proposal subject to a current appeal to An Bord Pleanála in respect of a similar development^13? |
| Yes [ ] | No [ ] |
| An Bord Pleanála Reference No.: ______ | An Bord Pleanála Reference No.: ______ |
19. Pre-application Consultation
| Has a pre-application consultation taken place in relation to the proposed development ^14? | Has a pre-application consultation taken place in relation to the proposed development ^14? |
| Yes [ ] | No [ ] |
| If yes, please give details: | If yes, please give details: |
| Reference No. (if any): ____ | Reference No. (if any): ____ |
| Date(s) of consultation://___ | Date(s) of consultation://___ |
| Persons involved: _________ _____________ | Persons involved: _________ _____________ |
20. Services
| Proposed Source of Water Supply | Proposed Source of Water Supply | Proposed Source of Water Supply |
| Existing connection [ ] | New connection [ ] | |
| Public Mains [ ] | Group Water Scheme [ ] | Private Well [ ] |
| Other (please specify): | Other (please specify): | Other (please specify): |
| ____________ | ____________ | ____________ |
| Name of Group Water Scheme (where applicable) | Name of Group Water Scheme (where applicable) | Name of Group Water Scheme (where applicable) |
| _____ | _____ | _____ |
| Proposed Wastewater Management/Treatment | Proposed Wastewater Management/Treatment | Proposed Wastewater Management/Treatment |
| Existing [ ] | New [ ] | |
| Public Sewer [ ] | Conventional septic tank system [ ] | Conventional septic tank system [ ] |
| Other on-site treatment system [ ] Please specify | Other on-site treatment system [ ] Please specify | Other on-site treatment system [ ] Please specify |
| ______ | ______ | ______ |
| Proposed Surface Water Disposal | Proposed Surface Water Disposal | Proposed Surface Water Disposal |
| Public Sewer/Drain [ ] | Soakpit [ ] | Soakpit [ ] |
| Watercourse [ ] | Other [ ] Please specify _________ | Other [ ] Please specify _________ |
21. Details of Public Notice
| Approved newspaper^15 in which notice was published | |
| Date of publication | |
| Date on which site notice was erected |
22. Application Fee
| Fee Payable | |
| Basis of Calculation | |
I hereby declare that, to the best of my knowledge and belief, the information given in this form is correct and accurate and fully compliant with the Planning & Development Act 2000, as amended, and the Regulations made thereunder:
| Signed (Applicant or Agent as appropriate) | |
| Signed (Applicant or Agent as appropriate) | |
| Signed (Applicant or Agent as appropriate) | |
| Date |
An applicant will not be entitled solely by reason of a planning permission to carry out the development. The applicant may need other consents, depending on the type of development. For example, all new buildings, extensions and alterations to, and certain changes of use of existing buildings must comply with building regulations, which set out basic design and construction requirements.
This form should be accompanied by the following documentation:
Please note that if the appropriate documentation is not included, your application will be deemed invalid.
ALL Planning Applications
□ The relevant page of newspaper that contains notice of your application
□ A copy of the site notice
□ 6 copes of site location map^16
□ 6 copies of site or layout plan^16+17
□ 6 copies of plans and other particulars required to describe the works to which the development relates (include detailed drawings of floor plans, elevations and sections - except in the case of outline permission)
□ The appropriate Planning Fee
Where the applicant is not the legal owner of the land or structure in question:
□ The written consent of the owner to make the application
Where the application is for residential development that is subject to Part V of the 2000 Act:
□ Specification of the manner in which it is proposed to comply with section 96 of Part V
Or
□ A certificate of exemption from the requirements of Part V
Or
□ A copy of the application submitted for a certificate of exemption.
Where the application is for residential development that is not subject to Part V of the 2000 Act by virtue of section 96(13) of the Act:
□ Information setting out the basis on which section 96(13) is considered to apply to the development.
Where the disposal of wastewater for the proposed development is other than to a public sewer:
□ Information on the on-site treatment system proposed and evidence as to the suitability of the site for the system proposed.
Where the application refers to a protected structure/ proposed protected structure/ or the exterior of a structure which is located within an architectural conservation area (ACA):
□ Photographs, plans and other particulars necessary to show how the development would affect the character of the structure.
Applications that refer to a material change of use or retention of such a material change of use:
□ Plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of Article 23) and other particulars required describing the works proposed.
Where an application requires an Environmental Impact Statement:
□ An Environmental Impact Statement
Applications that are exempt from planning fees:
□ Proof of eligibility for exemption^18
Directions for completing this form.
Grid reference in terms of the Irish Transverse Mercator.
“The applicant” means the person seeking the planning permission, not an agent acting on his or her behalf.
Where the plans have been drawn up by a firm/company the name of the person primarily responsible for the preparation of the drawings and plans, on behalf of that firm/company, should be given.
A brief description of the nature and extent of the development, including reference to the number and height of buildings, protected structures, etc.
Gross floor space means the area ascertained by the internal measurement of the floor space on each floor of a building; i.e. Floor areas must be measured from inside the external wall.
Where the existing use is ‘vacant’, please state most recent authorised use of the land or structure.
Part V of the Planning and Development Act 2000 applies where -
- • the land is zoned for residential use or for a mixture of residential and other uses;
- • there is an objective in the Development Plan for the area for a percentage of the land to be made available for social and/or affordable housing; and
- • the proposed development is not exempt from Part V.
Under section 97 of the Planning and Development Act 2000 , applications involving development of 4 or fewer houses or development on land of less than 0.1 hectare may be exempt from Part V.
Under section 96(13) of the Planning and Development Act 2000 , Part V does not apply to certain housing developments by approved voluntary housing bodies, certain conversions, the carrying out of works to an existing house or the development of houses under an agreement made under section 96 of the Act
The Record of Monuments and Places, under section 12 of the National Monuments Amendment Act 1994, is available, for each county, in the local authorities and public libraries in that county. Please note also that if the proposed development affects or is close to a national monument which, under the National Monuments Acts 1930 to 2004, is in the ownership or guardianship of the Minister for the Environment, Heritage and Local Government or a local authority or is the subject of a preservation order or a temporary preservation order, a separate statutory consent is required, under the National Monuments Acts, from the Minister for the Environment, Heritage and Local Government. For information on whether national monuments are in the ownership or guardianship of the Minister for the Environment, Heritage and Local Government or a local authority or are the subject of preservation orders, contact the National Monuments Section, Department of the Environment. Heritage and Local Government (1890 20 20 21).
An Environmental Impact Statement (EIS) is required for classes of development prescribed by Article 93 and Schedule 5 of the Planning and Development Regulations 2001-2006. In accordance with Article 103 of the Planning and Development Regulations 2001, an EIS may also be required for developments below the prescribed threshold if the planning authority considers that the development is likely to have significant effects on the environment or, where the development would be located on or in an area, site, etc. set out in Article 103(2), it considers that the development would be likely to have significant effects on the environment of that area, site, etc.
Demolition of a habitable house requires planning permission.
The appeal must be determined or withdrawn before another similar application can be made.
A formal pre-application consultation may only occur under Section 247 of the Planning and Development Act 2000 . While it is not mandatory, a pre-planning consultation is recommended. The applicant should contact the planning authority to arrange specific times and locations. In the case of residential development to which Part V of the 2000 Act applies, applicants are advised to avail of the pre-application consultation facility in order to ensure that a Part V agreement in principle can be reached in advance of the planning application being submitted.
The list of approved newspapers, for the purpose of giving notice of intention to make a planning application, is available from the planning authority to which the application will be submitted.
All plans, drawings and maps submitted to the planning authority should be in accordance with the requirements of the Planning and Development Regulations 2001-2006.
The location of the site notice(s) should be shown on site location map.
See Schedule 9 of Planning and Development Regulations 2001. If a reduced fee is tendered, details of previous relevant payments and planning permissions should be given. If exemption from payment of fees is being claimed under Article 157 of the 2001 Regulations, evidence to prove eligibility for exemption should be submitted.
| Form no. 3 | Articles 28 and 35 |
ACKNOWLEDGEMENT of RECEIPT of SUBMISSION or OBSERVATION on a PLANNING APPLICATION
| THIS IS AN IMPORTANT DOCUMENT |
KEEP THIS DOCUMENT SAFELY. YOU WILL BE REQUIRED TO PRODUCE THIS ACKNOWLEDGEMENT TO AN BORD PLEANÁLA IF YOU WISH TO APPEAL THE DECISION OF THE PLANNING AUTHORITY. IT IS THE ONLY FORM OF EVIDENCE WHICH WILL BE ACCEPTED BY AN BORD PLEANALA THAT A SUBMISSION OR OBSERVATION HAS BEEN MADE TO THE PLANNING AUTHORITY ON THE PLANNING APPLICATION.
PLANNING AUTHORITY NAME_____________(insert name)
PLANNING APPLICATION REFERENCE No._______(insert ref no.)
A submission/observation in writing, has been received from_________
(insert name of person or body who made submission) on____________
(insert date received) in relation to the above planning application.
The appropriate fee of_____ (insert amount) has been paid. (Fee not applicable to prescribed bodies)
The submission/observation is in accordance with the appropriate provisions of the Planning and Development Regulations 2001 and will be taken into account by the planning authority in its determination of the planning application.
| Official's Name | Planning Authority Stamp |
Date______
| Form no. 4 | Article 35 |
NAME OF PLANNING AUTHORITY^1
SITE NOTICE OF FURTHER INFORMATION/REVISED PLANS
Name of applicant____________^2
Reference number of the application___________^3
The development applied for consisted of_____________
_______________^4
Significant Further Information/Revised Plans^5 has/have^5 been furnished to the planning authority in respect of this proposed development, and is/are^5 available for inspection or purchase at the offices of the authority during its public opening hours.
A submission or observation in relation to the further information or revised plans may be made in writing to the planning authority within the statutory time limit. A submission or observation must be accompanied by the prescribed fee, except in the case of a person or body who has already made a submission or observation.
Signed:___^6
Date of erection of site notice:____^7
Directions for completing this notice.
The name of the planning authority to which the planning application was made should be inserted here.
The name of the applicant for permission (and not his or her agent) should be inserted here.
Reference number of the planning application on the register of the planning authority.
This description should be identical to that used on the site notice (Form no. 1).
Delete as appropriate.
Either the signature of the applicant or the signature and contact address of the person acting on behalf of the applicant should be inserted here.
The date that the notice is erected or fixed at the site should be inserted here.
| Form no. 5 | Article 36 |
Notice of proposed material contravention of development plan.
PLANNING AND DEVELOPMENT ACT 2000
MATERIAL CONTRAVENTION OF DEVELOPMENT PLAN FOR
_________^1
Ref. No. in register ____
Notice is hereby given in accordance with section 34(6) of the Planning and Development Act 2000 that ________^2 intends to consider deciding to grant a permission/retention permission / outline permission/ permission consequent on the grant of outline permission (Ref. No. of outline permission)^3 for ___________
______________^4
at __________________^5
The development would contravene materially the following objective of the development plan:
______________^6
Particulars of the development may be inspected or purchased at the offices of the planning authority during its public opening hours. Any submission or observation as regards the making of a decision to grant permission received not later than 4 weeks after _______^7 will be duly considered by the planning authority.
Signed____^8
Date______
Directions for completing this form
Insert title of development plan.
Insert name of planning authority.
Omit words which do not apply.
Indicate nature and extent of development.
Indicate location, townland or postal address of the land or structure concerned (as may best identify the land or structure in question).
State which objective of the development plan would be materially contravened by granting the permission.
Insert date of first publication of notice.
Insert description of the person signing form, e.g. Town Clerk.
| Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 21^st day of December 2006. | ||
| Dick Roche T.D. Minister for the Environment, Heritage and Local Government. |
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to amend the Planning and Development Regulations 2001 and to implement the Planning and Development (Strategic Infrastructure) Act 2006 . Articles 1 and 2 shall come into force on the date of signing of the regulations, articles 11, 12, 20, 23, 31, 37 and 41 shall come into force on the 31^st January 2007 and articles 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 21, 22, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 38, 39, 40 and 42 shall come into force on the 31^st March 2007.
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.
This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence.
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