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Planning and Development (Amendment) Act 2010

Type Act
Publication 2010-07-26
Last updated 2019-01-25
State Partially repealed
Text Latest available text
Source Irish Statute Book
PDF Download
articles 84

This is the most recent text the official source publishes. It is not a snapshot of the law as it stood on the date of each change.

8 amending acts · 2019-01-25, revised-IE-2010-act-30@2019-01-25

Act to amend and extend the Planning and Development Act 2000, to amend the Transport (Railway Infrastructure) Act 2001, and to provide for related matters

Reform history JSON API

“31.— (1) Where the Minister is of the opinion that—

  • (a) a planning authority, in making a development plan, a variation of a development plan, or a local area plan (in this section referred to as a ‘plan’) has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the planning authority under section 12, 13 or 20,

  • (b) in the case of a plan, the plan fails to set out an overall strategy for the proper planning and sustainable development of the area,

  • (c) the plan is not in compliance with the requirements of this Act, or

  • (d) if applicable, having received a submission prepared under section 31C or 31D (inserted by section 95 of the Act of 2008) that a plan of a planning authority in the Greater Dublin Area (GDA) is not consistent with the transport strategy of the National Transport Authority,

the Minister may in accordance with this section, for stated reasons, direct a planning authority to take such specified measures as he or she may require in relation to that plan.

  • (2) Where the Minister issues a direction under this section the planning authority, notwithstanding anything contained in Chapter I or II of this Part, shall comply with that direction and the Manager or elected members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.

  • (3) Before he or she issues a direction under this section, the Minister shall issue a notice in writing to a planning authority no later than 4 weeks after a plan is made.

  • (4) The notice referred to in subsection (3) shall, for stated reasons, inform the planning authority of—

    • (a) the forming of the opinion referred to in subsection (1),

    • (b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the planning authority to take certain measures specified in the notice in order to ensure that the plan is in compliance with the requirements of this Act and, in the case of a plan, sets out an overall strategy for the proper planning and sustainable development of the area,

    • (c) those parts of the plan that by virtue of the issuing of the notice under this subsection shall be taken not to have come into effect, been made or amended under subsection (6), and

    • (d) if applicable, requiring the planning authority to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the Dublin Transport Authority.

  • (5) The Minister shall furnish a copy of the notice referred to in subsection (3) to the manager and Cathaoirleach of the planning authority, where there are regional planning guidelines in force for the area of the planning authority, to the regional planning authority concerned and, where relevant, to the Dublin Transport Authority.

  • (6)

    • (a) Notwithstanding section 12(17), 13(11) or 20(4A), a plan shall not have effect in accordance with those sections in relation to a matter contained in the plan which is referred to in a notice under subsection (3).

    • (b) If a part of a plan proposed to be replaced under section 12, 13 or 20 contains a matter that corresponds to any matter contained in that plan which is referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.

  • (7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the manager of the planning authority shall publish notice of the draft direction in at least one newspaper circulating in the area of the development plan or local area plan, as the case may be, which shall state—

    • (a) the reasons for the draft direction,

    • (b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and

    • (c) that written submissions or observations in respect of the draft direction may be made to the planning authority during such period and shall be taken into consideration by the Minister before he or she directs the planning authority pursuant to this section.

  • (8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the manager shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the Minister and the elected members of the planning authority.

  • (9) The report referred to in subsection (8) shall—

    • (a) summarise the views of any person who made submissions or observations to the planning authority,

    • (b) summarise the views of and recommendations (if any) made by the elected members of the planning authority,

    • (c) summarise the views of and recommendations (if any) made by the regional authority,

    • (d) make recommendations in relation to the best manner in which to give effect to the draft direction.

  • (10) The elected members of the planning authority may make a submission to the Minister in relation to the notice issued by him or her under subsection (3) at any time up to the expiry of the period of time referred to in subsection (7)(b).

  • (11) The Minister shall consider the report furnished under subsection (8) and any submissions made to him or her under subsection (10) and—

    • (a) where he or she believes that no material amendment to the draft direction is required, or that further investigation is not necessary in order to clarify any aspect of the report or submissions, he or she may decide, no later than 3 weeks after the date of receipt of the report under subsection (8), for stated reasons—

      • (i) to issue the direction referred to in subsection (4)(b) with or without minor amendments, or

      • (ii) not to issue the direction referred to in subsection (4)(b),

      or

    • (b) where he or she believes that—

      • (i) a material amendment to the draft direction may be required, or

      • (ii) further investigation is necessary in order to clarify any aspect of the report furnished under subsection (8) or submissions made under subsection (10), or

      • (iii) it is necessary for any other reason,

      he or she may, for stated reasons, appoint an inspector no later than 3 weeks after the date of receipt of the report under subsection (8).

  • (12) The inspector appointed under subsection (11)(b) shall be a person who, in the opinion of the Minister, has satisfactory experience and competence to perform the functions required of him or her pursuant to this section and shall be independent in the performance of his or her functions.

  • (13) The inspector appointed under subsection (11)(b) having regard to the stated reasons for his or her appointment—

    • (a) shall review the draft direction, the report furnished under subsection (8) and submissions made under subsection (10),

    • (b) shall consult with the manager and elected members of the planning authority,

    • (c) may consult with the regional authority and persons who made submissions under subsection (7)(c), and

    • (d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Minister.

  • (14) Copies of the report of the inspector referred to in subsection (13)(d) shall be furnished as quickly as possible by the Minister to the manager and elected members of the planning authority, the regional authority and persons who made submissions under subsection (7)(c).

  • (15) The persons who have been furnished with the report of the inspector referred to in subsection (13)(d) may make a submission to the Minister in relation to any matter referred to in the report no later than 10 days after the receipt by them of the report.

  • (16) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Minister may direct) after receipt of the report of the inspector referred to in subsection (13)(d), or any submissions made to him or her under subsection (15), the Minister, having considered the report, recommendations or submissions, as the case may be, shall decide for stated reasons—

    • (a) to issue the direction referred to in subsection (4)(b),

    • (b) not to issue the direction referred to in subsection (4)(b), or

    • (c) to issue the direction referred to in subsection (4)(b), which has been amended by the Minister to take account of any of the matters referred to in subparagraphs (i) or (ii) as the Minister considers appropriate:

      • (i) recommendations contained in the report of the inspector referred to in subsection (13)(d); or

      • (ii) any submissions made pursuant to subsection (15).

  • (17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the plan, or, if appropriate, to constitute the plan.

  • (18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.

  • (19) As soon as may be after a direction is issued to a planning authority under subsection (16), the planning authority shall make the direction so issued available for inspection by members of the public, during office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form.

  • (20) The Minister shall publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).”.

22. Amendment of section 31A of Principal Act.

22.— The Principal Act is amended by the substitution of the following for section 31A (inserted by section 93 of the Act of 2008):

“31A.— (1) Where the Minister is of the opinion that—

  • (a) a regional authority, or authorities, as the case may be, in making the regional planning guidelines has ignored, or has not taken sufficient account of submissions or observations made by the Minister to the regional authority or authorities under section 24 or 26,

  • (b) the regional planning guidelines fail to provide a long-term strategic planning framework for the development of the region or regions, as the case may be, in respect of which they are made, in accordance with the principles of proper planning and sustainable development,

  • (c) the regional planning guidelines are not in compliance with the requirements of this Act, or

  • (d) if applicable, in relation to a regional authority or authorities whose regional area or part thereof is in the Greater Dublin Area (GDA) that the guidelines are not consistent with the transport strategy of the National Transport Authority,

the Minister may, in accordance with this section, for stated reasons direct a regional authority or authorities, as the case may be, to take such specified measures as he or she may require in relation to that plan.

  • (2) Where the Minister issues a direction under this section the regional authority or regional authorities, as the case may be, notwithstanding anything contained in Chapter III of this Part, shall comply with that direction and the Manager or members shall not exercise a power or perform a function conferred on them by this Act in a manner that contravenes the direction so issued.

  • (3) Before he or she issues a direction under this section, the Minister shall issue a notice in writing to a regional authority or regional authorities, as the case may be, no later than 4 weeks after the guidelines are made.

  • (4) The notice referred to in subsection (3) shall, for stated reasons, inform the regional authority or regional authorities, as the case may be, of—

    • (a) the forming of the opinion referred to in subsection (1),

    • (b) the intention of the Minister to issue a direction (a draft of which shall be contained in the notice) to the regional authority, or authorities, as the case may be, to take certain measures specified in the notice in order to ensure that the regional planning guidelines are in compliance with the requirements of this Act and to provide a long-term strategic planning framework for the development of the region, or regions, as the case may be, in accordance with the principles of proper planning and sustainable development,

    • (c) the part of the regional planning guidelines that by virtue of the issuing of the notice shall be taken not to have come into effect, and

    • (d) if applicable, requiring the regional authority or authorities, as the case may be, to take measures specified in the notice to ensure that the plan is in compliance with the transport strategy of the National Transport Authority.

  • (5) The Minister shall furnish a copy of the notice referred to in subsection (3) to the regional authority, or authorities, as the case may be, and the National Transport Authority.

  • (6)

    • (a) Notwithstanding anything contained in Chapter III, or any matter prescribed thereunder, regional planning guidelines shall not have effect in accordance with that Chapter in relation to a matter contained in the guidelines which is referred to in a notice under subsection (3).

    • (b) If a part of guidelines proposed to be replaced under section 26 contains a matter that corresponds to any matter contained in those guidelines which are referred to in a notice under subsection (3), that part shall not, save where subsection (17) applies, cease to have effect in respect of that matter.

  • (7) No later than 2 weeks after receipt of the notice issued by the Minister under subsection (3), the director of the regional authority, or authorities, as the case may be, shall publish notice of the draft direction in at least one newspaper circulating in the area of the regional authority, or authorities, as the case may be, which shall state—

    • (a) the reasons for the draft direction,

    • (b) that a copy of the draft direction may be inspected at such place or places as are specified in the notice during such period as may be so stated (being a period of not more than 2 weeks), and

    • (c) that written submissions or observations in respect of the draft direction may be made to the regional authority, or authorities, as the case may be, during such period and shall be taken into consideration by the Minister before he or she directs the regional authority, or authorities, as the case may be, pursuant to this section.

  • (8) No later than 4 weeks after the expiry of the period referred to in subsection (7)(b), the director shall prepare a report on any submissions or observations received under subsection (7)(c) which shall be furnished to the Minister and the members of the regional authority, or authorities, as the case may be.

  • (9) The report referred to in subsection (8) shall—

    • (a) summarise the views of any person who made submissions or observations to the regional authority, or authorities, as the case may be,

    • (b) summarise the views of and recommendations (if any) made by the members of the regional authority, or authorities, as the case may be,

    • (c) make recommendations in relation to the best manner in which to give effect to the draft direction.

  • (10) The members of the regional authority, or authorities, as the case may be, may make a submission to the Minister in relation to the notice issued by him or her under subsection (3) at any time up to the expiry of the period of time referred to in subsection (7)(b).

  • (11) The Minister shall consider the report furnished under subsection (8) and any submissions made to him or her under subsection (10) and—

    • (a) where he or she believes that no material amendment to the draft direction is required, or that further investigation is not necessary in order to clarify any aspect of the report or submissions, he or she may decide, no later than 3 weeks after the date of receipt of the report under subsection (8), for stated reasons—

      • (i) to issue the direction referred to in subsection (4)(b) with or without minor amendments, or

      • (ii) not to issue the direction referred to in subsection (4)(b),

      or

    • (b) where he or she believes that—

      • (i) a material amendment to the draft direction may be required, or

      • (ii) further investigation is necessary in order to clarify any aspect of the report furnished under subsection (8) or submissions made under subsection (10), or

      • (iii) it is necessary for any other reason,

      he or she may, for stated reasons, appoint an inspector no later than 3 weeks after the date of receipt of the report under subsection (8).

  • (12) The inspector appointed under subsection (11)(b) shall be a person who, in the opinion of the Minister, has satisfactory experience and competence to perform the functions required of him or her pursuant to this section and shall be independent in the performance of his or her functions.

  • (13) The inspector appointed under subsection (11)(b) having regard to the stated reasons for his or her appointment—

    • (a) shall review the draft direction, the report furnished under subsection (8) and submissions made under subsection (10),

    • (b) shall consult with the regional authority, or authorities, as the case may be,

    • (c) may consult with persons who made submissions under subsection (7)(c), and

    • (d) shall no later than 3 weeks after he or she was appointed, furnish a report containing recommendations to the Minister.

  • (14) Copies of the report of the inspector referred to in subsection (13)(d) shall be furnished as quickly as possible by the Minister to the regional authority, or authorities, as the case may be, and persons who made submissions under subsection (7)(c).

  • (15) The persons who have been furnished with the report of the inspector referred to in subsection (13)(d) may make a submission to the Minister in relation to any matter referred to in the report no later than 10 days after the receipt by them of the report.

  • (16) No later than 3 weeks (or as soon as may be during such period extending that 3 week period as the Minister may direct) after receipt of the report of the inspector referred to in subsection (13)(d), or any submissions made to him or her under subsection (15), the Minister, having considered the report, recommendations or submissions, as the case may be, shall decide for stated reasons—

    • (a) to issue the direction referred to in subsection (4)(b),

    • (b) not to issue the direction referred to in subsection (4)(b), or

    • (c) to issue the direction referred to in subsection (4)(b), which has been amended by the Minister to take account of any of the matters referred to in subparagraphs (i) or (ii) as the Minister considers appropriate:

      • (i) recommendations contained in the report of the inspector referred to in subsection (13)(d); or

      • (ii) any submissions made pursuant to subsection (15).

  • (17) The direction issued by the Minister under subsection (16) is deemed to have immediate effect and its terms are considered to be incorporated into the regional planning guidelines, or, if appropriate, to constitute the guidelines.

  • (18) The Minister shall cause a copy of a direction issued under subsection (16) to be laid before each House of the Oireachtas.

  • (19) As soon as may be after a direction is issued to a Regional authority or authorities, as the case may be, the authority or authorities shall make the direction so issued available for inspection by members of the public, during office hours of the authority, at the offices of the authority, and may also make the direction available by placing it on the authority’s website or otherwise in electronic form.

  • (20) The Minister shall publish or cause to be published in such manner as he or she considers appropriate directions issued under subsection (16).”.

23. Amendment of section 34 of Principal Act.

23.— Section 34 of the Principal Act is amended—

  • (a) in subsection (6)—
  • (i) by the substitution of “concerned would contravene materially the development plan or local area plan” for “concerned would contravene materially the development plan”,
  • (ii) by the substitution of the following for subparagraph (ii):

  • “(ii) copies of the notice shall be given to each of the following—

    • (I) the applicant,

    • (II) a prescribed body which has been notified of the application by the planning authority, and

    • (III) any person who has made a submission or observation in writing in relation to the development to which the application relates,”,

  • (iii) in subparagraph (iii) by the substitution of “authority” for “authority, and”, and
  • (iv) by the insertion of the following subparagraph after subparagraph (iii):

“(iiia) not later than 6 weeks from the publication of the notice under subparagraph (i), the manager shall prepare a report for the planning authority advising the authority of his or her opinion regarding the compliance or otherwise of the proposed development under any relevant Ministerial guidelines under section 28 or any relevant policies or objectives of the Government or Minister of the Government or with any regional planning guidelines and the report shall be considered by the authority before a resolution is passed under subparagraph (iv), and”,

  • (b) in subsection (8)—
  • (i) by the substitution of the following for paragraphs (b) and (c):

  • “(b) Where a planning authority, within 8 weeks of the receipt of a planning application, serves notice in accordance with the permission regulations requiring the applicant to give to the authority further information or to produce evidence in respect of the application, the authority shall make its decision on the application as follows:

    • (i) within 4 weeks of the notice being complied with, or

    • (ii) if in relation to further information given or evidence produced in compliance with the notice, the planning authority—

      • (I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and

      • (II) gives notice accordingly to the applicant,

      within 4 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority.

  • (c) Where, in the case of a planning application accompanied by an environmental impact statement or a Natura impact statement, a planning authority serves a notice referred to in paragraph (b), the authority shall make its decision as follows:

    • (i) within 8 weeks of the notice being complied with, or

    • (ii) if in relation to further information given or evidence produced in compliance with the notice, the planning authority—

      • (I) considers that it contains significant additional data which requires the publication of a notice by the applicant in accordance with the permission regulations, and

      • (II) gives notice accordingly to the applicant,

      within 8 weeks beginning on the day on which notice of that publication is given by the applicant to the planning authority,”,

and

  • (ii) by the substitution of the following for paragraph (f):

  • “(f) (i) Where a planning authority has failed to make a decision in relation to an application within the period specified in paragraph (a), (b), (c), (d) or (e) as appropriate (referred to in this paragraph as the ‘first period’) and becomes aware, whether through notification by the applicant or otherwise, that it has so failed, the authority shall proceed to make the decision notwithstanding that the first period has expired.

    • (ii) Where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant.

    • (iii) Where a planning authority fails to make a decision within a period of 12 weeks after the expiry of the first period a decision (referred to in this paragraph as the ‘deemed decision’) of the planning authority to grant the permission shall be regarded as having been given on the last day of that period of 12 weeks.

    • (iv) Any person, who has made submissions or observations in writing in relation to the planning application to the planning authority, may at any time within the period of 4 weeks after the expiry of the period of 12 weeks referred to in subparagraph (iii), appeal the deemed decision.

    • (v) Subparagraphs (i) to (iv) shall not apply where there is a requirement under Part X or Part XAB to carry out an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment, in respect of the development relating to which the authority has failed to make a decision.

    • (vi) Where the planning authority has failed to make a decision in relation to development where an environmental impact assessment, a determination whether an environmental impact assessment is required, or an appropriate assessment is required within the first period and becomes aware, whether through notification by the applicant or otherwise, that it has so failed—

      • (I) the authority shall proceed to make the decision notwithstanding that the first period has expired,

      • (II) where a planning authority fails to make a decision within the first period, it shall pay the appropriate sum to the applicant,

      • (III) provided that no notice under paragraph (b) or (c) was served on the applicant prior to the expiry of the first period, where a planning authority proceeds to make a decision under clause (I) in relation to an application, it may serve notice on the applicant, requiring the applicant to give to the authority further information or to produce evidence in respect of the application under paragraph (b) or (c), and paragraph (b) or (c) shall apply to such notice subject to any necessary modifications,

      • (IV) subject to service of a notice under paragraph (b) or (c) in accordance with clause (III), where a planning authority fails to make a decision before the expiry of the period of 12 weeks beginning on the day immediately after the day on which the first period expires, the authority shall, subject to clause (V), pay the appropriate sum to the applicant, and shall pay a further such sum to the applicant where it fails to make a decision before the expiry of each subsequent period of 12 weeks beginning immediately after the preceding 12 week period,

      • (V) not more than 5 payments of the appropriate sum shall be made by a planning authority to an applicant in respect of the failure by the authority to make a decision in relation to an application,

      • (VI) where a planning authority makes a decision in relation to an application more than one year after the expiration of the first period the authority, before making the decision—

      • (A) notwithstanding that notice has been previously published in relation to the application, shall require the applicant to publish additional such notice concerning the planning application in accordance with the permission regulations (and the planning authority shall refund the costs of so publishing to the applicant),

      • (B) notwithstanding that notice of the application has previously been given to prescribed bodies, shall give additional such notice in accordance with the permission regulations, and

        • (C) notwithstanding anything contained in paragraph (b) or (c), or that the authority has previously been given further information or evidence under those paragraphs may require the applicant to give to the authority further information or to produce evidence in respect of the application as the authority requires and paragraph (b) or (c), as appropriate, shall apply to such additional request subject to any necessary modifications,

        and the planning authority shall consider any submissions made in accordance with the Regulations following on such additional notices, or additional further information or evidence produced under this clause.

    • (vii) Any payment or refund due to be paid under this paragraph shall be paid as soon as may be and in any event not later than 4 weeks after it becomes due.

    • (viii) In this paragraph, ‘ appropriate sum ’ means a sum which is equal to the lesser amount of 3 times the prescribed fee paid by the applicant to the planning authority in respect of his or her application for permission or €10,000.”,

  • (c) by the substitution of the following subsections for subsection (12):

  • “(12) A planning authority shall refuse to consider an application to retain unauthorised development of land where the authority decides that if an application for permission had been made in respect of the development concerned before it was commenced the application would have required that one or more than one of the following was carried out—

    • (a) an environmental impact assessment,

    • (b) a determination as to whether an environmental impact assessment is required, or

    • (c) an appropriate assessment.

  • (12A) For the purposes of subsection (12), if an application for permission had been made in respect of the following development before it was commenced, the application shall be deemed not to have required a determination referred to at subsection (12)(b):

    • (a) development within the curtilage of a dwelling house, for any purpose incidental to the enjoyment of the dwelling house as a dwelling house;

    • (b) modifications to the exterior of a building.

  • (12B) Where a planning authority refuses to consider an application for permission under subsection (12) it shall return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.

  • (12C) Subject to subsections (12) and (12A), an application for development of land in accordance with the permission regulations may be made for the retention of unauthorised development, and this section shall apply to such an application, subject to any necessary modifications.”.

24. Amendment of section 35 of Principal Act.

24.— Section 35 of the Principal Act is amended—

  • (a) by the substitution of the following subsection for subsection (1):

  • “(1) Where, having regard to—

    • (a) any information furnished pursuant to regulations made under section 33(2)(l),

    • (b) any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a ‘previous permission’ ) granted to the applicant or to any other person under this Part or Part IV of the Act of 1963,

    • (c) any information otherwise available to the planning authority concerning a substantial unauthorised development, or

    • (d) any information concerning a conviction for an offence under this Act,

    the planning authority is satisfied that a person to whom this section applies is not in compliance with a previous permission or with a condition to which the previous permission is subject, has carried out a substantial unauthorised development, or has been convicted of an offence under this Act, the authority may form the opinion—

    - (i) that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission if granted or with a condition to which such permission if granted would be subject, and

- (ii) that accordingly planning permission should not be granted to the applicant concerned in respect of that development.”,
  • (b) by the substitution of the following subsection for subsection (4) (inserted by section 9 of the Act of 2006):

  • “(4) If the planning authority considers that there are good grounds for its being able to form the opinion under subsection (1) in relation to an application for permission in respect of the development concerned and, accordingly, to exercise the power under subsection (5) to refuse that permission, it shall serve a notice in writing on the applicant to that effect and that notice shall—

    • (a) specify the non compliance with a previous permission or condition of a previous permission, substantial unauthorised development, or conviction for an offence under this Act, as the case may be, that the authority intends to take into consideration with regard to the proposed exercise of that power, and

    • (b) invite the applicant to make submissions to the authority within a period specified in the notice as to why the applicant considers that the authority should not exercise that power (whether because the applicant contends that the views of the authority in relation to the failure to comply by the applicant or any other person to whom this section applies with any previous permission, or any condition to which it is subject, the carrying out of substantial unauthorised development or conviction for an offence under this Act, as the case may be, are incorrect or that there are not good grounds for forming the opinion under subsection (1)).”,

  • (c) in subsection (7)—
  • (i) in paragraph (b) by the substitution of “carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,”, for “carried out a development referred to in subsection (1)(b),”,
  • (ii) in paragraph (c)(i) by the substitution of “carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,” for “carried out a development referred to in subsection (1)(b),”, and
  • (iii) in paragraph (d), by the substitution of “carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,” for “carried out a development referred to in subsection (1)(b),”.

25. Amendment of section 37A of Principal Act.

25.— Section 37A (inserted by section 3 of the Act of 2006) of the Principal Act is amended by the insertion of the following subsection after subsection (3):

  • “(4)

    • (a) Notwithstanding subsection (1), where an application for permission is being made in relation to a development specified in the Seventh Schedule that is located in a strategic development zone, the applicant may elect to make the application to the planning authority under section 34 and regulations made thereunder.

    • (b) Section 170 shall apply to an application made under paragraph (a).

    • (c) Section 37B shall not apply to an application made under paragraph (a).”.

26. Amendment of section 37H of Principal Act.

26.— Section 37H(2) (inserted by section 3 of the Act of 2006) of the Principal Act is amended by the substitution of the following paragraph for paragraph (c):

  • “(c) the sum due to be paid to the Board towards the costs incurred by the Board of—

  • (i) conducting consultations entered into by an applicant under section 37B,

  • (ii) compliance by the Board with a request by an applicant for an opinion of the Board under section 37D, or

  • (iii) determining an application under section 37E,

and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which sums the Board may, by virtue of this subsection, require to be paid).”.

27. Amendment of section 38 of Principal Act.

27.— Section 38 of the Principal Act is amended—

  • (a) in subsection (1), by the substitution of “at the offices of the authority and may also be made available by the authority by placing the documents on the authority’s website or otherwise in electronic form” for “at the offices of the authority”,
  • (b) by the insertion of the following subsection after subsection (1):
  • “(1A) Details of any telephone numbers of the applicant or addresses for communication with the applicant in electronic form provided by or on behalf of the applicant shall be taken not to be part of the planning application and shall not be made available by a planning authority to members of the public.”,

and

  • (c) in subsection (3) by the substitution of “during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority by placing the documents on the authority’s website or otherwise in electronic form.” for “at the office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application.”.

28. Power to extend appropriate period.

28.— The Principal Act is amended by the substitution of the following section for section 42:

“42.— (1) On application to it in that behalf a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed provided that each of the following requirements is complied with:

  • (a) either—

    • (i) the authority is satisfied that—

      • (I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,

      • (II) substantial works were carried out pursuant to the permission during that period, and

      • (III) the development will be completed within a reasonable time,

      or

    • (ii) the authority is satisfied—

      • (I) that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works pursuant to the planning permission,

      • (II) that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the regional planning guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area,

      • (III) that the development would not be inconsistent with the proper planning and sustainable development of the area having regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section, and

      • (IV) where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.

  • (b) the application is in accordance with such regulations under this Act as apply to it,

  • (c) any requirements of, or made under those regulations are complied with as regards the application, and

  • (d) the application is duly made prior to the end of the appropriate period.

  • (2) In extending the appropriate period under subsection (1) a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development, and/or may add to or vary any conditions to which the permission is already subject under section 34(4)(g).

  • (3)

    • (a) Where an application is duly made under this section to a planning authority and any requirements of, or made under, regulations under section 43 are complied with as regards the application, the planning authority shall make its decision on the application as expeditiously as possible.

    • (b) Without prejudice to the generality of paragraph (a), it shall be the objective of the planning authority to ensure that it shall give notice of its decision on an application under this section within the period of 8 weeks beginning on—

      • (i) in case all of the requirements referred to in paragraph (a) are complied with on or before the day of receipt by the planning authority of the application, that day, and

      • (ii) in any other case, the day on which all of those requirements stand complied with.

  • (4) A decision to extend an appropriate period shall be made once and once only under this section and a planning authority shall not further extend the appropriate period.

  • (5) Particulars of any application made to a planning authority under this section and of the decision of the planning authority in respect of the application shall be recorded on the relevant entry in the register.

  • (6) Where a decision to extend is made under this section, section 40 shall, in relation to the permission to which the decision relates, be construed and have effect, subject to, and in accordance with, the terms of the decision.

  • (7) Notwithstanding subsection (1) or (4), where a decision to extend an appropriate period has been made by a planning authority prior to the coming into operation of this section, the planning authority, where an application is made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period provided that each of the following requirements is complied with—

    • (i) an application is made in that behalf in accordance with regulations under section 43,

    • (ii) any requirements of, or made under, the regulations are complied with as regards the application, and

    • (iii) the authority is satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.”.

29. Amendment of section 42A of Principal Act.

29.— Section 42A of the Principal Act (inserted by section 238 of the National Asset Management Agency Act 2009) is amended as follows:

  • (a) by the substitution of the following for subsection (1):

  • “(1) On application to it in that behalf a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed provided that each of the following requirements is complied with:

    • (a) either—

      • (i) the authority is satisfied that—

        • (I) the development to which the permission relates was commenced before the expiration of the appropriate period sought to be extended,

        • (II) substantial works were carried out pursuant to the permission during that period, and

        • (III) the development will be completed within a reasonable time,

        or

      • (ii) the authority is satisfied—

        • (I) that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works pursuant to the planning permission,

        • (II) that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the regional planning guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area,

        • (III) that the development would not be inconsistent with the proper planning and sustainable development of the area having regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section, and

        • (IV) where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted,

    • (b) the application is in accordance with such regulations under this Act as apply to it,

    • (c) any requirements of, or made under those regulations are complied with as regards the application, and

    • (d) the application is duly made prior to the end of the appropriate period.”,

  • (b) by the substitution of the following for subsection (2):
  • “(2) In extending the appropriate period under subsection (1) a planning authority may attach conditions requiring the giving of adequate security for the satisfactory completion of the proposed development, and/or may add to or vary any conditions to which the permission is already subject under section 34(4)(g).”,
  • (c) by the insertion of the following after subsection (7):

  • “(8) Notwithstanding subsection (1) or (4), where a decision to extend an appropriate period has been made by a planning authority prior to the coming into operation of this section, the planning authority, where an application is made to it in that behalf prior to the expiration of the period by which the appropriate period was extended, may further extend the appropriate period provided that each of the following requirements is complied with—

    • (i) an application is made in that behalf in accordance with regulations under section 43,

    • (ii) any requirements of, or made under, the regulations are complied with as regards the application, and

    • (iii) the authority is satisfied that the relevant development has not been completed due to circumstances beyond the control of the person carrying out the development.”.

30. Amendment of section 48 of Principal Act.

30.— Section 48 of the Principal Act is amended—

  • (a) in subsection (12)(b), by the substitution of the following subparagraphs for subparagraphs (i) and (ii)—

  • “(i) are not commenced within 5 years of the date of payment to the authority of the contribution (or final instalment thereof, if paid by phased payment under subsection (15)(a)),

  • (ii) have commenced, but have not been completed within 7 years of the date of payment to the authority of the contribution (or final instalment thereof, if paid by phased payment under subsection (15)(a)), or”,

  • (b) in subsection (17)—
  • (i) in paragraph (c) by the substitution of “service connections, watermains and flood relief work” for “drains and watermains”,
  • (ii) by the substitution of the following paragraphs for paragraphs (e) and (f):

  • “(e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, sewers, waste water and water treatment facilities, service connections or watermains,

  • (f) the provision of high-capacity telecommunications infrastructure, such as broadband,

  • (g) the provision of school sites, and

  • (h) any matters ancillary to paragraphs (a) to (g).”.

31. Amendment of section 49 of Principal Act.

31.— Section 49 of the Principal Act is amended—

  • (a) by the substitution of the following subsections for subsection (1)—

  • “(1) A planning authority may, when granting a permission under section 34, include conditions requiring the payment of a contribution in respect of any public infrastructure service or project—

    • (a) specified in a scheme made by the planning authority (in this section referred to as a ‘supplementary development contribution scheme’),

    • (b) provided or carried out or proposed to be provided or carried out—

      • (i) by a planning authority,

      • (ii) where the provision of the infrastructure concerned is an objective in the development plan of a planning authority, or of a planning scheme of the Dublin Docklands Development Authority under section 25 of the Dublin Docklands Development Act 1997, by a public authority, or, pursuant to an agreement entered into by a public authority with any other person, by that person, or

      • (iii) pursuant to an agreement entered into by a local authority with any other person, by that person,

      and

    • (c) that will benefit the development to which the permission relates when carried out.

  • (1A) In this section, ‘public authority’ means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section.”,

  • (b) by the insertion of the following new subsection after subsection (3):
  • “(3A) Notwithstanding subsection (3) and section 48(10), the Board shall consider an appeal brought to it by an applicant for permission under section 34, in relation to a condition requiring the payment of a contribution in respect of a public infrastructure service or project specified in a supplementary development contribution scheme, where the applicant considers that the service or project will not benefit the development to which the permission relates and section 48(13) shall apply to such an appeal.”,

and

  • (c) in subsection (7) by the substitution of the following paragraphs for paragraph (c)—

  • “(c) the provision of particular new sewers, waste water and water treatment facilities, service connections or watermains and ancillary infrastructure,

  • (d) the provision of new schools and ancillary infrastructure.”.

32. Amendment of section 50A of Principal Act.

32.— Section 50A of the Principal Act is amended by the substitution of the following subsection for subsection (2):

  • “(2)

    • (a) An application for section 50 leave shall be made by motion ex parte and shall be grounded in the manner specified in the Order in respect of an ex parte motion for leave.

    • (b) The Court hearing the ex parte application for leave may decide, having regard to the issues arising, the likely impact of the proceedings on the respondent or another party, or for other good and sufficient reason, that the application for leave should be conducted on an inter partes basis and may adjourn the application on such terms as it may direct in order that a notice may be served on that person.

    • (c) If the Court directs that the leave hearing is to be conducted on an inter partes basis it shall be by motion on notice (grounded in the manner specified in the Order in respect of an ex parte motion for leave)—

      • (i) if the application relates to a decision made or other act done by a planning authority or local authority in the performance or purported performance of a function under this Act, to the authority concerned and, in the case of a decision made or other act done by a planning authority on an application for permission, to the applicant for the permission where he or she is not the applicant for leave,

      • (ii) if the application relates to a decision made or other act done by the Board on an appeal or referral, to the Board and each party or each other party, as the case may be, to the appeal or referral,

      • (iii) if the application relates to a decision made or other act done by the Board on an application for permission or approval, to the Board and to the applicant for the permission or approval where he or she is not the applicant for leave,

      • (iv) if the application relates to a decision made or other act done by the Board or a local authority in the performance or purported performance of a function referred to in section 50(2)(b) or (c), to the Board or the local authority concerned, and

      • (v) to any other person specified for that purpose by order of the High Court.

    • (d) The Court may—

      • (i) on the consent of all of the parties, or

      • (ii) where there is good and sufficient reason for so doing and it is just and equitable in all the circumstances,

      treat the application for leave as if it were the hearing of the application for judicial review and may for that purpose adjourn the hearing on such terms as it may direct.”.

33. Costs in environmental matters.

33.— The Principal Act is amended by the insertion of the following new section after section 50A:

“50B.— (1) This section applies to proceedings of the following kinds:

  • (a) proceedings in the High Court by way of judicial review, or of seeking leave to apply for judicial review, of—

    • (i) any decision or purported decision made or purportedly made,

    • (ii) any action taken or purportedly taken, or

    • (iii) any failure to take any action,

    pursuant to a law of the State that gives effect to—

    - (I) a provision of Council Directive 85/337/EEC of 27 June 1985 to which Article 10a (inserted by Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directive 85/337/EEC and 96/61/EC) of that Council Directive applies,

- (II) Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, or

- (III) a provision of Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control to which Article 16 of that Directive applies; or

  • (b) an appeal (including an appeal by way of case stated) to the Supreme Court from a decision of the High Court in a proceeding referred to in paragraph (a);

  • (c) proceedings in the High Court or the Supreme Court for interim or interlocutory relief in relation to a proceeding referred to in paragraph (a) or (b).

  • (2) Notwithstanding anything contained in Order 99 of the Rules of the Superior Courts and subject to subsections (3) and (4), in proceedings to which this section applies, each party (including any notice party) shall bear its own costs.

  • (3) The Court may award costs against a party in proceedings to which this section applies if the Court considers it appropriate to do so—

    • (a) because the Court considers that a claim or counterclaim by the party is frivolous or vexatious,

    • (b) because of the manner in which the party has conducted the proceedings, or

    • (c) where the party is in contempt of the Court.

  • (4) Subsection (2) does not affect the Court’s entitlement to award costs in favour of a party in a matter of exceptional public importance and where in the special circumstances of the case it is in the interests of justice to do so.

  • (5) In this section a reference to ‘the Court’ shall be construed as, in relation to particular proceedings to which this section applies, a reference to the High Court or the Supreme Court, as may be appropriate.”.

34. Amendment of section 57 of the Principal Act.

34.— Section 57(1) of the Principal Act is amended by the substitution of “Notwithstanding section 4(1)(a), (h), (i), (j), (k), or (l) and any regulations made under section 4(2),” for “Notwithstanding section 4(1)(h)”.

35. Amendment of section 82 of Principal Act.

35.— F2[…]

36. Amendment of section 87 of Principal Act.

36.— F3[…]

37. Amendment of section 93 of Principal Act.

37.— Section 93(1) of the Principal Act is amended by the deletion of the definition of “housing strategy”.

38. Amendment of section 96 of Principal Act.

38.— F4[…]

39. Amendment of section 104 of Principal Act.

39.— Section 104 of the Principal Act is amended—

  • (a) in subsection (2)—
  • (i) by the substitution of “number of applications, appeals” for “number of appeals”,
  • (ii) by the substitution of “under section 37J, 126, 177C, 177E or 221, or section 47E of the Act of 2001” for “under section 126”,
  • (b) by the insertion of the following new subsection after subsection (2):
  • “(2A) Subject to section 108(1), and notwithstanding section 106(5), the Minister shall not fill one or more than one vacancy that arises in relation to an ordinary member, for such period as he or she considers appropriate, where he or she is of the opinion that the number of applications, appeals, referrals or other functions conferred on the Board by or under this Act is at such a level so as to necessitate that the vacancy is not filled and that the Board shall, notwithstanding the reduction in the number of Board members be able to fulfil its duty and objective under section 37J, 126, 177C, 177E or 221, or section 47E of the Act of 2001 or otherwise satisfactorily perform the functions so conferred.”,
  • (c) in subsection (4)—
  • (i) in paragraph (a)—
  • (I) by the substitution of “number of applications, appeals” for “number of appeals”,
  • (II) by the substitution of “the Minister may, subject to paragraphs (b) and (c),” for “the Minister may, pending the making and approval of an order under subsections (2) and (3) of this section”,
  • (III) by the substitution of “Civil Service Regulation Acts 1956 to 2005” for “Civil Service Regulation Act 2005”,
  • (ii) in paragraph (b), by the substitution of “12 months” for “9 months”,
  • (iii) by the insertion of the following paragraph after paragraph (b):
  • “(c) The Minister shall appoint not more than 3 persons under this subsection at any one time, and the number of ordinary members appointed under this subsection shall not exceed one third of the total number of ordinary members at any one time.”.

40. Amendment of section 106 of Principal Act.

40.— Section 106 of the Principal Act is amended in subsection (1), by the substitution of the following for paragraph (e):

  • “(e) one member who, in the Minister’s opinion, has satisfactory experience, competence or qualifications as respects issues relating to the environment and sustainability.”.

41. Amendment of section 108 of Principal Act.

41.— Section 108 of the Principal Act is amended—

  • (a) by the substitution of the following subsection for subsection (1):
  • “(1) Subject to subsection (1A) (inserted by section 41) a quorum for a meeting of the Board shall be 3.”,
  • (b) by the insertion of the following subsections after subsection (1):

  • “(1A) The Board may determine by resolution, if so requested by the chairperson (or the deputy chairperson if the chairperson is not available or where the office of chairperson is vacant) where he or she is of the opinion that it is necessary to ensure the efficient discharge of the business of the Board, that the quorum for a meeting of the Board, or, notwithstanding section 112(2), a division of the Board referred to in section 112, should be 2.

  • (1B) The resolution referred to in subsection (1A) shall specify the functions of the Board or division of the Board which may be performed in a meeting with a quorum of 2 and the period of time during which the specified functions may be performed.

  • (1C) The chairperson or deputy chairperson shall not request a resolution of the Board referred to in subsection (1A) for the purposes of any matter falling to be determined by the Board or division of the Board under this Act in relation to—

    • (a) development that would materially contravene the relevant development plan,

    • (b) strategic infrastructure development, or

    • (c) a development or class of development referred to in regulations made under section 176.

  • (1D) If, in determining by vote a question at a meeting of the Board or a division of the Board with a quorum of 2, the voting is equally divided, the matter that is the subject of the vote shall be referred to a meeting of the Board with a quorum of 3 and section 111(4) shall apply in relation to the determination of the question.”.

  • (c) in subsection (4), by the substitution of “officers of the Minister who are established civil servants for the purposes of the Civil Service Regulation Acts 1956 to 2005” for “officers referred to in section 106(1)(e)”.

42. Amendment of section 130 of Principal Act.

42.— Section 130(5) of the Principal Act is amended by the substitution of “which subject to the Environmental Impact Assessment Directive or Transboundary Convention” for “which is subject to the Council Directive or Transboundary Convention”.

43. Amendment of section 135 of Principal Act.

43.— F5[…]

44. Amendment of section 144 of Principal Act.

44.— Section 144 of the Principal Act is amended by the substitution of the following subsections for subsection (1):

  • “(1) The Board may determine fees that may be charged, subject to the approval of the Minister, in relation to any matter referred to in subsection (1A) and a fee as so determined shall be payable to the Board by any person concerned as appropriate.

  • (1A) The matters in relation to which the Board may determine fees under subsection (1) are:

    • (a) an appeal or referral;

    • (b) an application to the Board for any strategic infrastructure development or an application for leave to appeal under section 37(6)(a);

    • (c) an application for a consultation under section 37B, 181C, or 182E or under section 47B of the Act of 2001;

    • (d) a request under section 146B;

    • (e) a request for a written opinion on the information to be contained in an environmental impact assessment under section 173(3), under section 39 of the Act of 2001 or under section 50 of the Roads Act 1993;

    • (f) an application for leave to apply for substitute consent or an application for substitute consent under Part XA;

    • (g) submission of an environmental impact statement in accordance with a request by the Board to furnish same;

    • (h) submission of a Natura impact statement in accordance with a request by the Board to furnish same;

    • (i) request for an oral hearing under section 134 or 177Q; and

    • (j) making a submission or observation under section 37E, 37F, 130, 135(2B)(e), 146B, 146C, 146D, 175, 181A, 182A, 182C, 217B, or 226, section 51 of the Roads Act 1993, section 40 (other than by persons required to be served with a notice under section 40(1)(d)), section 41, or section 47D of the Act of 2001 or making an objection under section 48 of the Roads Act 1993 (other than by persons on whom notice is served under section 48(b)).

  • (1B) The Board may, subject to the approval of the Minister, provide for the payment of different fees in relation to different classes or descriptions of matters referred to in subsection (1A)(a) to (j), for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.”.

45. Amendment of section 153 of Principal Act.

45.— Section 153 of the Principal Act is amended:

  • (a) in subsection (1), by the insertion of “or make an application under section 160” after “issue an enforcement notice”,
  • (b) by the insertion of the following new subsections after subsection (5):

  • “(6) The planning authority instead of issuing an enforcement notice under this section, may decide to make an application under section 160.

  • (7) Where a planning authority establishes, following an investigation under this section that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out and the person who has carried out or is carrying out the development has not proceeded to remedy the position, then the authority shall issue an enforcement notice under this section or make an application pursuant to section 160 unless there are compelling reasons for not doing so.”.

46. Amendment of section 156 of Principal Act.

46.— Section 156 of the Principal Act is amended—

  • (a) in subsection (1)(b) by the substitution of “€5,000” for “£1,500”,
  • (b) in subsection (2)(b) by the substitution of “€1,500” for “£400”,
  • (c) in subsection (3)(b) by the substitution of “€2,500” for “£500”,
  • (d) in subsection (4) by the substitution of “€5,000” for “£1,500”,
  • (e) in subsection (5) by the substitution of “€1,500” for “£400”, and
  • (f) by the substitution of the following for subsection (8)—
  • “(8) Where a person is convicted of an offence under section 154, the Court in addition to imposing a penalty referred to in subsection (1) or (2) as the case may be, may order the person so convicted to take all or any steps specified in the relevant enforcement notice within such period as the Court considers appropriate.”.

47. Amendment of section 157 of Principal Act.

47.— F6[…]

48. Amendment of section 160 of Principal Act.

48.— F7[…]

49. Amendment of section 162 of Principal Act.

49.— Section 162 of the Principal Act is amended in subsection (3) by the substitution of “section 34(12C)” for “section 34(12)”.

50. Amendment of section 168 of Principal Act.

50.— Section 168 of the Principal Act is amended:

  • (a) by the substitution of the following subsections for subsection (1):

  • “(1) Subject to subsection (1A), as soon as may be after the making of an order designating a site under section 166—

    • (a) the relevant development agency (other than a local authority) or, where an agreement referred to in section 167 has been made, the relevant development agency (other than a local authority) and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site and submit it to the relevant planning authority,

    • (b) the local authority, where it is the development agency, or where an agreement referred to in section 167 has been made, the local authority and any person who is a party to the agreement shall prepare a draft planning scheme in respect of all or any part of the site.

  • (1A) The first draft planning scheme under subsection (1) in respect of all or any part of a site designated under section 166, shall be prepared not later than 2 years after the making of the order so designating the site.”,

  • (b) in subsection (2), by the substitution of:

“A draft planning scheme under this section shall consist of a written statement and a plan indicating the manner in which it is intended that the site or part of the site designated under section 166 to which the scheme relates is to be developed and in particular—”

for

“A draft planning scheme under this section shall consist of a written statement and a plan indicating the manner in which it is intended that the site is to be developed and in particular—”,

and,

  • (c) by the insertion of the following subsection after subsection (3):
  • “(3A) An appropriate assessment of a draft planning scheme shall be carried out in accordance with Part XAB.”.

51. Amendment of section 169 of Principal Act.

51.— Section 169 of the Principal Act is amended—

  • (a) in subsection (4), by the substitution of the following paragraphs for paragraph (b):

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