Planning and Development (Amendment) Act 2010

57A. F9[ Transitional provisions regarding section 57.

57A.—(1) Section 57 (insofar as it relates to Part XAB of the Act of 2000) shall not apply to an application for consent for proposed development made to a competent authority prior to the coming into operation of section 57 (insofar as it relates to Part XAB of the Act of 2000).

• (2) Section 177AE (inserted by section 57 of the Act of 2010) of the Act of 2000 shall not apply to development in respect of which the procedures under Part 8 of the Planning and Development Regulations 2001 have been completed prior to the coming into operation of section 57 provided that the development is commenced not later than 12 months after such coming into operation unless, immediately before such coming into operation, the development was being carried out in contravention of the Act of 2000 or regulations made under it.

• (3) In subsection (1)—

“competent authority” in relation to proposed development has the same meaning as it has in section 177S of the Act of 2000;

“proposed development” has the same meaning as it has in section 177R of the Act of 2000.]

58. Amendment of section 179 of Principal Act.

58.— Section 179(6) of the Principal Act is amended—

• (a) by the substitution of the following paragraph for paragraph (a):

• “(a) consists of works of maintenance or repair other than works to a protected structure, or a proposed protected structure, which would materially affect the character of—

  • (i) the structure, or

  • (ii) any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest,”,

• (b) by the substitution of the following paragraph for paragraph (c):

• “(c) consists of works which a local authority is required to undertake—

• (i) by or under any enactment,

• (ii) by or under the law of the European Union, or a provision of any act adopted by an institution of the European Union, or

• (iii) by order of a court.”.

59. Amendment of section 180 of Principal Act.

59.— Section 180 (amended by section 114 of the Act of 2007) of the Principal Act is amended—

• (a) in subsection (1), by the substitution of “by the majority of the owners of the houses involved” for “by the majority of the qualified electors who are owners or occupiers of the houses involved”,

• (b) In subsection (2)(a)—

• (i) by the insertion of “referred to in subsection (1)” after “where the development”,

• (ii) by the substitution of “where requested by the majority of owners of the houses involved” for “where requested by the majority of qualified electors who own or occupy the houses in question”,

• (c) To insert the following subsection after subsection (2):

• “(2A)

  • (a) Notwithstanding subsections (1) or (2), where a development referred to in subsection (1) has not been completed to the satisfaction of the planning authority and either—

    • (i) enforcement proceedings have been commenced by the planning authority within seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period, or

    • (ii) the planning authority considers that enforcement proceedings will not result in the satisfactory completion of the development by the developer,

    the authority may in its absolute discretion, at any time after the expiration as respects the permission authorising the development of the appropriate period, where requested by a majority of the owners of the houses in question, initiate the procedures under section 11 of the Roads Act 1993.

  • (b) In exercising its discretion and initiating procedures under section 11 of the Roads Act 1993, the authority may apply any security given under section 34(4)(g) for the satisfactory completion of the development in question.”,

• (d) in subsection (3)(a), by the substitution of “the wishes of the owners of the houses” for “the wishes of the qualified electors”,

• (e) in subsection (3)(b), by the substitution of “the wishes of the owners of the houses” for “the wishes of the qualified electors”,

• (f) by the substitution of the following for subsection (4):

• “(4)

  • (a) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (1) or (2), the planning authority shall, in addition to the provisions of that section, take in charge—

    • (i) (subject to paragraph (c)), any sewers, watermains or service connections within the attendant grounds of the development, and

    • (ii) public open spaces or public car parks within the attendant grounds of the development.

  • (b) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (2A), the planning authority may, in addition to the provisions of that section take in charge—

    • (i) (subject to paragraph (c)) some or all of the sewers, watermains or service connections within the attendant grounds of the development, and

    • (ii) some or all of the public open spaces or public car parks within the attendant grounds of the development,

    and may undertake,

    - (I) any works which, in the opinion of the authority, are necessary for the completion of such sewers, watermains or service connections, public open spaces or public car parks within the attendant grounds of the development, or
    
    - (II) any works as in the opinion of the authority, are necessary to make the development safe,
    
      and may recover the costs of works referred to in clause (I) or (II) from the developer as a simple contract debt in a court of competent jurisdiction.
    

  • (c) A planning authority that is not a water services authority within the meaning of section 2 of the Act of 2007 shall not take in charge any sewers, watermains or service connections under paragraph (a)(i) or (b)(i), but shall request the relevant water services authority to do so.

  • (d) In paragraph (a)(ii), ‘public open spaces’ or ‘public car parks’ means open spaces or car parks to which the public have access whether as of right or by permission.

  • (e) In this subsection, ‘public open spaces’ means open spaces or car parks to which the public have access whether as of right or by permission.”,

and

• (g) by the substitution of the following for subsection (6):

• “(6) In this section ‘appropriate period’ has the meaning given to the term in section 40, as extended under section 42 or 42A as the case may be.”.

60. Amendment of section 181A of Principal Act.

60.— F10[…]

61. Amendment of section 181B of Principal Act.

61.—F11[…]

62. Amendment of section 181C of Principal Act.

62.— Section 181C of the Principal Act is amended—

• (a) in subsection (2) by the substitution of “development, the environment or a European site” for “development or the environment”,

• (b) in subsection (3)—

• (i) in paragraph (a) to substitute “effects on the environment or adverse effects on the integrity of a European site as the case may be” for “effects on the environment”, and

• (ii) in paragraph (b) to substitute “environmental impact statement or Natura impact statement or both of those statements as the case may be”, for “environmental impact statement”.

63. Amendment of section 182A of Principal Act.

63.—F12[…]

64. Amendment of section 182B of Principal Act.

64.— Section 182B (inserted by section 4 of the Act of 2006) of the Principal Act is amended—

• (a) in subsection (1)—

• (i) by the substitution of “environmental impact statement or Natura impact statement or both of those statements as the case may be”, for “environmental impact statement”, and

• (ii) by the substitution of “effects on the environment or adverse effects on the integrity of a European site as the case may be” for “effects on the environment”,

• (b) in subsection (3)(a) by the substitution of “the effects, if any of the proposed development on the environment or adverse effects, if any, of the proposed development on the integrity of a European site” for “the effects, if any of the proposed development on the environment”,

• (c) by the insertion of the following subsections after subsection (5):

• “(5A) A decision of the Board under subsection (5) shall state—

  • (a) the main reasons and considerations on which the decision is based,

  • (b) where conditions are attached under subsection (5) or (6) the main reasons for attaching them,

  • (c) the sum and direct the payment of the sum to be paid to the Board towards the costs incurred by the Board of—

    • (i) giving a written opinion in compliance with a request under section 182E(3) (inserted by section 4 of the Act of 2006),

    • (ii) conducting consultations under section 182E, and

    • (iii) determining the application made under section 182A (inserted by section 4 of the Act of 2006) under this section,

    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 the sums the Board may, by virtue of this subsection, require to be paid).

• (5B) A reference to costs in subsection (5A)(c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.

• (5C) A notice of a decision given under subsection (5) shall be furnished to the applicant as soon as may be after it is given but shall not become operative until any requirement under subsection (5A)(c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

• (5D) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement under subsection (5A)(c), the Board, the planning authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.”.

65. Amendment of section 182C of Principal Act.

65.— Section 182C of the Principal Act is amended—

• (a) in subsection (1) by the insertion of “, and where the Board determines following consultations under section 182E that the development comes within paragraph (a), (b) or (c) of section 37A(2),” after “ ‘proposed development’)”,

(b)F13[…]

(c)F13[…]

(d)F13[…]

• (e) by the substitution of the following for subsection (9):

• “(9) In the case of any application to the Board under this section, the Board shall request the Commission to make observations on safety or operational matters including any relevant safety advice or specific recommendations which the Commission considers appropriate within such period as may be specified (which period shall not be less than 3 weeks from the date of the request).”,

• (f) by the insertion of the following subsections after subsection (9):

• “(9A) In considering the likely effects of a proposed development on the environment or significant effects on a European site and the consequences of the development for proper planning and sustainable development, the Board shall have particular regard to the observations that the Commission considers it appropriate to make to the Board as requested under subsection (9).

• (9B) Where the Board is considering not accepting the observations of the Commission it shall give notice to and consult with the Commission, giving its reasons and the Board shall request the Commission to respond within 3 weeks of the giving of notice under this subsection.

• (9C) The Board shall consider any response given by the Commission under subsection (9B) before it makes a decision under section 182D.

• (9D) The Board, in giving an approval for a proposed development under section 182D(5)(a), (b) or (c) or refusing to approve a proposed development under section 182D(5)(d), where it does not follow the observations of the Commission or part thereof, shall give reasons.

• (9E) In making observations on safety or operational matters including any relevant safety advice or specific recommendations which the Commission considers appropriate under this section, the Commission may, without prejudice to the generality of the entitlement to make such observations, refer to such matters as it considers appropriate, including—

  • (a) a safety framework established under section 13I of the Act of 1999,

  • (b) directions made by the Minister for Communications, Energy and Natural Resources under section 13J of the Act of 1999,

  • (c) guidelines issued under section 13L of the Act of 1999,

  • (d) a safety case as defined by section 13A(1) of the Act of 1999,

  • (e) a revised safety case within the meaning of section 13N of the Act of 1999,

  • (f) a safety permit issued pursuant to section 13P of the Act of 1999,

  • (g) an improvement notice issued under section 13Z of the Act of 1999,

  • (h) a prohibition notice issued under section 13AA of the Act of 1999,

  • (i) safety standards referred to in guidelines issued under section 13L of the Act of 1999,

  • (j) standards and codes of practice referred to in section 13L(3)(c), and

  • (k) conditions relating to petroleum authorisations.

• (9F) In subsection (9E)—

  • (a) ‘Act of 1999’ means the Electricity Regulation Act 1999;

  • (b) a term or expression used in that subsection has the same meaning as it has in Part IIA of the Electricity Regulation Act 1999.”.

66. Amendment of section 182D of Principal Act.

66.— Section 182D (inserted by section 4 of the Act of 2006) of the Principal Act is amended—

• (a) in subsection (1)—

• (i) by the substitution of “environmental impact statement or Natura impact statement or both of those statements as the case may be”, for “environmental impact statement”, and

• (ii) by the substitution of “effects on the environment or adverse effects on the integrity of a European site as the case may be” for “effects on the environment”,

• (b) in subsection (3)(a), by the substitution of “the effects, if any of the proposed development on the environment or adverse effects, if any of the proposed development on the integrity of a European site” for “the effects, if any of the proposed development on the environment”,

• (c) by the insertion of the following subsections after subsection (5):

• “(5A) A decision of the Board given under subsection (5) shall state—

  • (a) the main reasons and considerations on which the decision was based,

  • (b) where conditions are attached under subsection (5) or (6), the main reasons for attaching the conditions, and

  • (c) the sum and direct the payment of the sum to be paid to the Board towards the costs incurred by the Board—

    • (i) in complying with its obligations under sections 146B, 146C, 146D (inserted by section 30 of the Act of 2006), and 181A (inserted by section 36 of the Act of 2006),

    • (ii) relating to the giving of a written opinion in compliance with a request made under section 182E(3) (inserted by section 4 of the Act of 2006),

    • (iii) of conducting consultations under section 182E,

    • (iv) of determining the application made under section 182C (inserted by section 4 of the Act of 2006) under this section,

    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 the sums the Board may, by virtue of this subsection, require to be paid).

• (5B) A reference to costs in subsection (5A)(c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.

• (5C) A notice of a decision given under subsection (5) shall be furnished to the applicant as soon as may be after it is given but shall not become operative until any requirement under subsection (5A)(c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

• (5D) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement under subsection (5A)(c), the Board, the planning authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.”.

67. Amendment of section 191 of Principal Act.

67.— Section 191(2) of the Principal Act is amended by the substitution of “the making of a new development plan under section 12 or the preparing, making, amending or revoking of a local area plan under section 18 or 20.” for “the making of a new development plan under section 12.”.

68. Amendment of section 212 of Principal Act.

68.— Section 212 of the Principal Act is amended—

• (a) in subsection (1)(f) by the substitution of “geological or historical interest;” for “geological, historical, scientific or ecological interest.”,

• (b) by the insertion of the following paragraph after subsection (1)(f):

• “(g) secure the creation, management, restoration or preservation of any site of scientific or ecological interest, including any Nature Conservation Site,”,

and

• (c) by the insertion of the following subsection after subsection (4):

• “(5) In this section ‘Nature Conservation Site’ means—

  • (a) a European site,

  • (b) an area proposed as a natural heritage area and the subject of a notice made under section 16(1) of the Wildlife (Amendment) Act 2000,

  • (c) an area designated as a natural heritage area by a natural heritage area order made under section 18 of the Wildlife (Amendment) Act 2000,

  • (d) a nature reserve established under an establishment order made under section 15 (amended by section 26 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976,

  • (e) a nature reserve recognised under a recognition order made under section 16 (amended by section 27 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976, or

  • (f) a refuge for fauna or flora designated under a designation order made under section 17 (amended by section 28 of the Wildlife (Amendment) Act 2000) of the Wildlife Act 1976.”.

69. Amendment of section 217 of Principal Act.

69.—F14[…]

70. Amendment of section 220 of Principal Act.

70.— Section 220(1) of the Principal Act is amended by the substitution of “procedures for giving effect to the Environmental Impact Assessment Directive” for “procedures for giving effect to the Council Directive”.

71. Amendment of section 248 of Principal Act.

71.— Section 248(9) of the Principal Act is amended by the deletion of the definition of “electronic form”.

72. Calculation of appropriate period and other time limits over holidays.

72.— Section 251 of the Principal Act is amended by the substitution of the following for the section:

“251.— Where calculating any appropriate period or other time limit referred to in this Act or in any regulations made under this Act, the period between the 24th day of December and the first day of January, both days inclusive, shall be disregarded.”.

73. Amendment of section 253 of Principal Act.

73.— Section 253 of the Principal Act is amended—

• (a) in subsection (1), by the substitution of “enter a premises or on land” for “enter any premises”,

• (b) in subsection (3)—

• (i) by the substitution of “enters a premises or on land” for “enters any premises”, and

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

• “(a) require from an occupier of the premises or land or any person employed on the premises or land or any other person on the premises or land such information, or”,

• (c) in subsection (4)—

• (i) in paragraph (a) by the substitution of—

• (I) “prevented from entering a premises or on land” for “prevented from entering any premises”,

• (II) “present in a premises or on land” for “present in any premises”, and

• (III) “by the authorised person in the premises or on the land” for “by the authorised person in the premises”,

• (ii) in paragraph (b) by the substitution of—

• (I) “prevented from entering a premises or on land” for “prevented from entering a premises”,

• (II) “to enter the premises or on the land concerned, if need be by force” for “to enter, if need be by force, the premises concerned”.

74. Amendment of section 261 of Principal Act.

74.— Section 261 of the Principal Act is amended—

• (a) In subsection (6)—

• (i) by the insertion of the following paragraph after paragraph (a):

• “(aa) Notwithstanding any other provisions of this Act, the operation of a quarry in respect of which the owner or operator fails to comply with conditions imposed under paragraph (a)(i) shall be unauthorised development.”, and

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

• “(b) Where, in relation to a grant of planning permission conditions have been restated, modified or added in accordance with paragraph (a), the planning permission shall be deemed, for the purposes of this Act, to have been granted under section 34, on the date the conditions were restated, modified or added, and any condition so restated, modified or added shall have effect as if imposed under section 34.”,

• (b) In subsection (7) by the insertion of the following paragraphs after paragraph (c):

• “(d) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which a notification under paragraph (a) applies, unless a planning application in respect of the quarry is submitted to the planning authority within the period referred to in that paragraph, shall be unauthorised development.

• (e) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which the owner or operator has been refused permission in respect of an application for permission made on foot of a notification under paragraph (a) shall be unauthorised development.

• (f) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which the owner or operator fails to comply with conditions attached to a permission granted in respect of an application for permission made on foot of a notification under paragraph (a) shall be unauthorised development.”,

• (c) In subsection (8), by the insertion of the following paragraph after paragraph (b):

• “(c) Where, in relation to a quarry which commenced operation before 1 October 1964 a planning authority imposes conditions under subsection (6)(a)(i) on the operation of the quarry, the owner or operator of the quarry may claim compensation under section 197 and references in that section to compliance with conditions on the continuance of any use of land consequent upon a notice under section 46 shall be construed as including references to compliance with conditions so added or modified, save that no such claim may be made in respect of any condition relating to a matter specified in paragraph (a), (b) or (c) of section 34(4), or in respect of a condition relating to the prevention, limitation or control of emissions from the quarry, or the reinstatement of land on which the quarry is situated.”,

• (d) by the substitution of the following for subsection (10):

• “(10) Notwithstanding any other provision of this Act, a quarry to which this section applies in respect of which the owner or operator fails to provide information in relation to the operation of the quarry in accordance with subsection (1) or in accordance with a requirement under subsection (3) shall be unauthorised development.”,

and

• (e) in subsection (13), by the deletion of the definitions of “operator” and “quarry”.

75. Further matters in relation to control of quarries.

75.— The Principal Act is amended by the insertion of the following section after section 261:

“261A.— (1) Each planning authority shall, not later than 4 weeks after the coming into operation of this section, publish a notice in one or more than one newspaper circulating in its administrative area and on the authority’s website, stating—

• (a) that it intends to examine every quarry in its administrative area to determine, in relation to that quarry, whether having regard to the Environmental Impact Assessment Directive and the Habitats Directive, one or more than one of the following was required but was not carried out—

  • (i) an environmental impact assessment;

  • (ii) a determination as to whether an environmental impact assessment is required;

  • (iii) an appropriate assessment,

• (b) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the planning authority also decides that—

  • (i) the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of the Planning and Development Act 2000 or Part IV of the Local Government (Planning and Development) Act 1963,

  and

  • (ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were fulfilled,

  the planning authority will issue a notice to the owner or operator of the quarry requiring him or her to submit an application to the Board for substitute consent, such application to be accompanied by a remedial environmental impact statement or a remedial Natura impact statement or both of those statements, as appropriate,

• (c) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether environmental impact assessment was required, or an appropriate assessment was required, but was not carried out and the planning authority also decides that —

  • (i) the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of the Planning and Development Act 2000 or Part IV of the Local Government (Planning and Development) Act 1963,

  or

  • (ii) if applicable, the requirements in relation to registration under section 261 of the Planning and Development Act 2000 were not fulfilled,

  the planning authority will issue a notice to the owner or operator of the quarry informing him or her that it intends to issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate,

• (d) that where the planning authority determines in relation to a quarry that an environmental impact assessment, a determination as to whether an environmental impact assessment was required, or an appropriate assessment, was required but was not carried out and the planning authority also determines that the development in question was carried out after 3 July 2008, the planning authority will issue a notice to the owner or operator of the quarry informing him or her that it intends to issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate,

• (e) that submissions or observations may be made in writing to the planning authority in relation to any quarry in its administrative area, by any person, not later than 6 weeks after the date of the publication of the notice under paragraph (a), that no fee in relation to the making of the submissions or observations shall be payable and that such submissions or observations will be considered by the planning authority,

• (f) that a copy of any notice that is issued to the owner or operator of a quarry under this section, directing him or her to apply to the Board for substitute consent or informing him or her that the planning authority intends to issue an enforcement notice under section 154 in respect of the quarry, shall be given to a person who, not later than 6 weeks after the date of the publication of the notice under paragraph (a) made submissions or observations, and

• (g) that an owner or operator of a quarry to whom a notice is issued, and any person to whom a copy of such a notice is given, may apply to the Board for a review of a determination or a decision, or both, of the planning authority referred to in the notice and that no fee in relation to the application for a review shall be payable.

• (2)

  • (a) Each planning authority shall, not later than 9 months after the coming into operation of this section examine every quarry within its administrative area and make a determination as to whether—

    • (i) development was carried out after 1 February 1990 which was not authorised by a permission granted under Part IV of the Act of 1963, prior to 1 February 1990, which development would have required, having regard to the Environmental Impact Assessment Directive, an environmental impact assessment or a determination as to whether an environmental impact assessment was required, but that such an assessment or determination was not carried out or made, or

    • (ii) development was carried out after 26 February 1997, which was not authorised by a permission granted under Part IV of the Act of 1963 prior to 26 February 1997, which development would have required, having regard to the Habitats Directive, an appropriate assessment, but that such an assessment was not carried out.

  • (b) In making a determination under paragraph (a), the planning authority shall have regard, to the following matters:

    • (i) any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)(a);

    • (ii) any information submitted to the authority in relation to the registration of the quarry under section 261;

    • (iii) any relevant information on the planning register;

    • (iv) any relevant information obtained by the planning authority in an enforcement action relating to the quarry;

    • (v) any other relevant information.

• (3)

  • (a) Where a planning authority makes a determination under subsection (2)(a) that subparagraph (i) or (ii) or both, if applicable, of that paragraph apply in relation to a quarry (in this section referred to as a ‘ determination under subsection (2)(a) ’), and the authority also decides that—

    • (i) either the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

    • (ii) if applicable, the requirements in relation to registration under section 261 were fulfilled,

    the planning authority shall issue a notice, not later than 9 months after the coming into operation of this section, to the owner or operator of the quarry.

  • (b) In making a decision under paragraph (a), a planning authority shall consider all relevant information available to it including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)(a).

  • (c) A notice referred to in paragraph (a) shall be in writing and shall inform the person to whom it is issued of the following matters:

    • (i) the determination under subsection (2)(a) and the reasons therefor;

    • (ii) the decision of the planning authority under paragraph (a) and the reasons therefor;

    • (iii) that the person is directed to apply to the Board for substitute consent in respect of the quarry, under section 177E, not later than 12 weeks after the date of the notice, or such further period as the Board may allow;

    • (iv) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination of the planning authority under subsection (2)(a) or the decision of the planning authority under paragraph (a), and that no fee in relation to either application for a review shall be payable.

  • (d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

    • (i) give a copy of the notice to any person who not later than 6 weeks after the date of the publication of the notice under subsection (1)(a), made submissions or observations to the authority in relation to the quarry,

    • (ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination under subsection (2)(a) or the decision of the authority under paragraph (a) and that no fee in relation to either application for a review shall be payable, and

    • (iii) forward a copy of the notice to the Board.

• (4)

  • (a) Where a planning authority makes a determination under subsection (2)(a) and the authority also decides that—

    • (i) the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or

    • (ii) if applicable, the requirements in relation to registration under section 261 were not fulfilled,

    the planning authority shall issue a notice, not later than 9 months after the coming into operation of this section, to the owner or operator of the quarry.

  • (b) In making a decision under paragraph (a), a planning authority shall consider all relevant information available to it, including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)(a).

  • (c) A notice referred to in paragraph (a) shall be in writing and shall inform the person to whom it is issued of the following matters:

    • (i) the determination under subsection (2)(a) and the reasons therefor;

    • (ii) the decision of the planning authority under paragraph (a) and the reasons therefor;

    • (iii) that the planning authority intends to issue an enforcement notice in relation to the quarry under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the authority considers appropriate;

    • (iv) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination under subsection (2)(a) or the decision of the planning authority under paragraph (a), and that no fee in relation to either application for a review shall be payable.

  • (d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

    • (i) give a copy of the notice to any person who not later than 6 weeks after the date of the publication of the notice under subsection (1)(a), made submissions or observations to the authority in relation to the quarry, and

    • (ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination of the planning authority under subsection (2)(a) or the decision of the planning authority under paragraph (a) and that no fee in relation to either application for a review shall be payable.

• (5)

  • (a) Notwithstanding anything contained in subsection (3) or (4), where a planning authority makes a determination under subsection (2)(a) and the authority further determines that the development the subject of the determination under subsection (2)(a) took place after 3 July 2008, the authority shall also decide whether—

    • (i) the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

    • (ii) if applicable, the requirements in relation to registration under section 261 were fulfilled,

    and shall issue a notice not later than 9 months after the coming into operation of this section to the owner or operator of the quarry.

  • (b) In making a decision under paragraph (a), a planning authority shall consider all relevant information available to it, including any submissions or observations received by the authority not later than 6 weeks after the date of the publication of the notice under subsection (1)(a).

  • (c) A notice referred to in paragraph (a) shall be in writing and shall inform the person to whom it is issued of the following matters:

    • (i) the determination of the planning authority under subsection (2)(a) and the reasons therefor;

    • (ii) the determination of the planning authority under paragraph (a) that the development the subject of the determination under subsection (2)(a) took place after 3 July 2008, and the reasons therefor;

    • (iii) the decision of the planning authority under paragraph (a) and the reasons therefor;

    • (iv) that the planning authority intends to issue an enforcement notice in relation to the quarry under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the authority considers appropriate;

    • (v) that the person may apply to the Board, not later than 21 days after the date of the notice, for a review of the determination of the planning authority under subsection (2)(a), the determination of the planning authority under paragraph (a), or the decision of the planning authority under paragraph (a), and that no fee in relation to any application for a review shall be payable.

  • (d) At the same time that the planning authority issues the notice to an owner or operator of a quarry, the authority shall—

    • (i) give a copy of the notice to any person who made submissions or observations to the authority in relation to the quarry not later than 6 weeks after the date of the publication of the notice under subsection (1)(a), and

    • (ii) inform that person that he or she may, not later than 21 days after the date of the notice, apply to the Board for a review of the determination under subsection (2)(a), the determination of the planning authority under paragraph (a) that the development the subject of the determination under subsection (2)(a) took place after 3 July 2008 or the decision of the planning authority under paragraph (a), and that no fee in relation to any application for a review shall be payable.

• (6)

  • (a) A person to whom a notice was issued under subsection (3)(a), (4)(a) or (5)(a), or a person to whom a copy of such a notice was given under subsection (3)(d), (4)(d) or (5)(d), may not later than 21 days after the date of the notice so issued or given to him or her, apply to the Board for a review of one or more than one, of the following, referred to in the notice:

    • (i) a determination under subsection (2)(a);

    • (ii) a decision of the planning authority under subsection (3)(a);

    • (iii) a decision of the planning authority under subsection (4)(a);

    • (iv) a determination of the planning authority under subsection (5)(a) that the development the subject of the determination under subsection (2)(a) took place after 3 July 2008;

    • (v) a decision of the planning authority under subsection (5)(a).

  • (b) Where an application for a review is made to the Board under paragraph (a) any person may make submissions or observations not later than 21 days after the date of the notice issued under subsection (3)(a), (4)(a) or (5)(a), as the case may be.

  • (c) Where an application for a review is made under paragraph (a), the Board shall inform the planning authority and shall request the planning authority to furnish to it such information as the Board considers necessary to make a decision in relation to the review, and the planning authority shall comply with that request within the period specified in the request.

  • (d) The Board in making a decision on an application for a review under paragraph (a) shall consider any documents or evidence submitted by the person or persons who applied for the review, any submissions or observations received under paragraph (b) and any information furnished by the planning authority under paragraph (c).

  • (e) The Board shall make a decision as soon as may be whether to confirm or set aside the determination or decision of the planning authority to which the application for a review refers.

  • (f) As soon as may be after the Board makes its decision under paragraph (e) it shall give notice of its decision to the person or persons who applied for the review, and to the planning authority concerned, and the giving of the notice shall, for the purposes of this section be considered to be the disposal, by the Board, of the review.

  • (g) The application to the Board for a review under paragraph (a) shall have the effect of suspending the operation of a direction contained in a notice issued under subsection (3)(a) until the review is disposed of.

  • (h) Where the decision of the Board is to set aside a determination under subsection (2)(a) a direction to apply for substitute consent contained in a notice issued under subsection (3)(a) shall cease to have effect.

• (7) Where in relation to a quarry in respect of which a notice has been issued under subsection (3)(a)—

  • (a) either no application has been made to the Board for a review of a determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

  • (b) either no application has been made to the Board for a review of a decision of the planning authority under subsection (3)(a) or the Board in making a decision in relation to such a review has confirmed the decision of the planning authority,

  the person to whom the notice was issued under subsection (3)(a) shall apply to the Board for substitute consent under section 177E not later than 12 weeks after the date of the giving of the notice of its decision under subsection (6)(f) by the Board, or such further period as the Board may allow, save that where no application for review was made to the Board the person to whom the notice was issued under subsection (3)(a) shall apply to the Board for substitute consent within the period specified in that notice.

• (8) Where in relation to a quarry in respect of which a notice has been issued under subsection (3)(a)—

  • (a) either no application has been made to the Board for a review of a determination under subsection (2)(a), or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

  • (b) the Board in making a decision in relation to a review of a decision of the planning authority under subsection (3)(a) has set aside the decision of the planning authority,

  the direction to apply for substitute consent contained in the notice issued under subsection (3)(a) shall cease to have effect and the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)(f), issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.

• (9) Where in relation to a quarry in respect of which a notice has been issued under subsection (4)(a)—

  • (a) either no application has been made to the Board for a review of a determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

  • (b) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)(a) or the Board in making a decision in relation to such a review has confirmed the decision of the planning authority,

  the planning authority shall, as soon as may be after the expiration of the period for applying for a review or the date of the giving of the notice of its decision by the Board under subsection (6)(f), as the case may be, issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.

• (10) Where in relation to a quarry in respect of which a notice has been issued under subsection (4)(a)—

  • (a) either no application has been made to the Board for a review of a determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

  • (b) the Board in making a decision in relation to a review of a decision under subsection (4)(a) has set aside the decision of the planning authority, and

  • (c) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)(a)(i) that the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

  • (d) either no application has been made to the Board for a review of a decision of the planning authority under subsection (4)(a)(ii) that if applicable, the requirements in relation to registration under section 261 were fulfilled, or the Board in a review of such a decision has decided that, if applicable, the requirements in relation to registration under section 261 were fulfilled,

  the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)(f), issue a notice to the owner or operator of the quarry directing him or her to apply to the Board for substitute consent under section 177E not later than 12 weeks after the date of the notice issued by the planning authority under this subsection or such further period as the Board may allow.

• (11) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)(a)—

  • (a) either no application has been made to the Board for a review of a determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

  • (b) either no application has been made to the Board for a review of a determination of the planning authority under subsection (5)(a) that the development the subject of the determination under subsection (2)(a) took place after 3 July 2008 or the Board has confirmed the determination of the planning authority under subsection (5)(a),

  the planning authority shall, as soon as may be after the expiration of the period for applying for a review or the date of the giving of the notice of its decision by the Board under subsection (6)(f), as the case may be, issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.

• (12) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)(a) and—

  • (a) either no application has been made to the Board for a review of the determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

  • (b) the Board, in making a decision in relation to a review of such a notice has set aside the determination of the planning authority under subsection (5)(a) that the development the subject of the determination under subsection (2)(a) took place after 3 July 2008, and

  • (c) either no application has been made to the Board for a review of a decision of the planning authority under subsection (5)(a)(i) that the quarry commenced operation prior to 1 October 1964, or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation before 1 October 1964 or permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, and

  • (d) either no application has been made to the Board for a review of a decision of the planning authority under subsection (5)(a)(ii) that if applicable, the requirements in relation to registration under section 261 were fulfilled or the Board in a review of such a decision has decided that if applicable, the requirements in relation to registration under section 261 were fulfilled,

  the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)(f), issue a notice to the owner or operator of the quarry directing him or her to apply to the Board for substitute consent under section 177E not later than 12 weeks after the date of the notice issued by the planning authority under this subsection, or such further period as the Board may allow.

• (13) Where in relation to a quarry in respect of which a notice has been issued under subsection (5)(a)—

  • (a) either no application has been made to the Board for a review of the determination under subsection (2)(a) or the Board in making a decision in relation to such a review has confirmed the determination of the planning authority, and

  • (b) the Board, in making a decision in relation to a review has set aside the determination of the planning authority under subsection (5)(a) that the development the subject of the determination under subsection (2)(a) took place after 3 July 2008, and

  • (c) either—

    • (i) no application has been made to the Board for a review of a decision of the planning authority under subsection (5)(a)(i) that the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or the Board in a review of such a decision has decided that the quarry commenced operation on or after 1 October 1964 and no permission was granted in respect of the quarry under Part III of this Act or Part IV of the Act of 1963, or

    • (ii) no application has been made to the Board for a review of a decision of the planning authority under subsection (5)(a)(ii) that if applicable, the requirements in relation to registration under section 261 were not fulfilled, or the Board in a review of such a decision has decided that, if applicable, the requirements in relation to registration under section 261 were not fulfilled,

    the planning authority shall, as soon as may be after the date of the giving of the notice of its decision by the Board under subsection (6)(f), issue an enforcement notice under section 154 requiring the cessation of the operation of the quarry and the taking of such steps as the planning authority considers appropriate.

• (14) Where an application for substitute consent is required to be made under this section it shall be made in relation to that development in respect of which the planning authority has made a determination under subsection (2)(a).

• (15) The provisions of Part XA shall apply, as appropriate, to an application for substitute consent made in accordance with a direction under subsection (3), (10) or (12).”.

76. Amendment of section 262 of Principal Act.

76.— Section 262 of the Principal Act is amended in subsection (4)—

• (a) by the insertion of “4(4)(b)” after “4(2)”, and

• (b) by the insertion of “96(3)(da)” after “25(5)”.

77. Amendment of First Schedule to Principal Act.

77.— The First Schedule to the Principal Act is amended—

• (a) In Part I:

• (i) by the deletion of paragraph 2,

• (ii) by the substitution of the following for paragraph 6:

“6. Carrying out flood risk assessment for the purpose of regulating, restricting and controlling development in areas at risk of flooding (whether inland or coastal).”,

• (iii) by the insertion of the following paragraphs after paragraph 11:

“12. Regulating, restricting and controlling development in areas at risk of erosion and other natural hazards.

1. Reserving land for use and cultivation as allotments and regulating, promoting, facilitating or controlling the provision of land for that use.”,

and

• (b) in Part IV by the substitution of the following for paragraph 8:

“8. Preserving public rights of way other than those referred to in section 10(2)(o).”.

78. Amendment of Seventh Schedule to Principal Act.

78.— The Seventh Schedule to the Principal Act (inserted by section 5 of the Act of 2006) is amended—

• (a) in paragraph 1 by the substitution of:

“An installation for the harnessing of wind power for energy production (a wind farm) with more than 25 turbines or having a total output greater than 50 megawatts.”

for:

“An installation for the harnessing of wind power for energy production (a wind farm) with more than 50 turbines or having a total output greater than 100 megawatts.”,

• (b) in paragraph 2 by the substitution of:

“A harbour or port installation (which may include facilities in the form of loading or unloading areas, vehicle queuing and parking areas, ship repair areas, areas for berthing or dry docking of ships, areas for the weighing, handling or transport of goods or the movement or transport of passengers (including customs or passport control facilities), associated administrative offices or other similar facilities directly related to and forming an integral part of the installation)—

• (a) where the area or additional area of water enclosed would be 20 hectares or more, or

• (b) which would involve the reclamation of 5 hectares or more of land, or

• (c) which would involve the construction of one or more quays which or each of which would exceed 100 metres in length, or

• (d) which would enable a vessel of over 1350 tonnes to enter within it.”

for

“A harbour or port installation—

• (a) where the area or additional area of water enclosed would be 20 hectares or more, or

• (b) which would involve the reclamation of 5 hectares or more of land, or

• (c) which would involve the construction of one or more quays which or each of which would exceed 100 metres in length, or

• (d) which would enable a vessel of over 1350 tonnes to enter within it.”,

and

• (c) by the insertion of the following paragraph after paragraph 3:

“Health Infrastructure

1. Development comprising or for the purposes of the following:

—A health care facility providing in-patient services, but excluding a development which is predominantly for the purpose of providing care services within the meaning given to that term by section 3 of the Nursing Homes Support Scheme Act 2009.”.

PART 3 Amendment of certain Acts

79. Amendment of Environmental Protection Agency Act 1992.

79.— Section 99F of the Environmental Protection Agency Act 1992 (inserted by section 15 of the Protection of the Environment Act 2003) is amended—

• (a) in subsection (1) by the insertion of “or substitute consent, within the meaning of section 177A,” after “permission under section 34”,

• (b) in subsection (2)—

• (i) by the insertion of “or refuse a grant of substitute consent, as defined in section 177A” after “under section 34”,

• (ii) by the substitution of “on environmental grounds or on the grounds of adverse effects on the integrity of a European site (as defined in that Act),” for “on environmental grounds,”,

• (c) in subsection (3) by the insertion of “remedial environmental impact statement or remedial Natura impact statement (as defined in section 177T of the Act of 2000) as the case may be” after “environmental impact statement”, and

• (d) in subsection (9), by the insertion of the following paragraph after paragraph (a)—

• “(aa) a substitute consent, as defined in section 177T of the Act of 2000, or”.

79A. F15[Transitional provision regarding section 79

79A.—The amendment to section 99F of the Environment Protection Agency Act 1992 (inserted by section 15 of the Protection of the Environment, 2003) effected by section 79 shall not apply to an application for a grant of permission under section 34 of the Act of 2000 made to a planning authority or An Bord Pleanála prior to the commencement of section 79.]

80. Amendment of Waste Management Act 1996.

80.— Section 54 of the Waste Management Act 1996 is amended—

• (a) in subsection (3) by the insertion of “or, substitute consent as defined in section 177T,” after “permission under section 34”,

• (b) in subsection (3A)—

• (i) by the insertion of “or refuse a grant of substitute consent” after “under section 34”,

• (ii) by the substitution of “on environmental grounds or on the grounds of adverse effects to the integrity of a European site (within the meaning of that Act),” for “on environmental grounds,”,

• (c) in subsection (3B) by the insertion of “remedial environmental impact statement, or remedial Natura impact statement (as defined in section 177T of the Act of 2000), as the case may be” after “environmental impact statement”.

80A. F16[Transitional provision regarding section 80

80A.—The amendment to section 54 (amended by section 257 of the Act of 2000) of the Waste Management Act 1996 effected by section 80 shall not apply to an application for a grant of permission under section 34 of the Act of 2000 made to a planning authority or An Bord Pleanála prior to the commencement of section 80.]

81. Direction of payment of costs by Board.

81.— The Transport (Railway Infrastructure) Act 2001 is amended by the insertion of the following section after section 47D (inserted by section 50 of the Act of 2006):

“47DD.— (1) Where the Board determines an application made under section 37 (amended by section 49 of the Act of 2006) it may at its absolute discretion direct the payment of such sums as it considers reasonable by the applicant to the Board towards the costs incurred by the Board of—

• (a) conducting consultations under section 47B,

• (b) compliance by the Board with a request by an applicant for an opinion of the Board under section 39(3) (amended by section 49 of the Act of 2006), or

• (c) determining an application made under section 37 aforesaid,

and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of that 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), and the applicant shall pay such sums.

• (2) A reference to costs in subsection (1) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144 of the Act of 2000.

• (3) A notice of a determination of an application under section 37 shall be furnished to the applicant as soon as may be after the determination but shall not become operative until any requirement under subsection (1) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

• (4) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement made under subsection (1) to the Board, the authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.”.

Footnotes