Planning and Development (Amendment) Act 2018

Type Act

Publication 2018-07-19

Last updated 2023-07-17

State In force

Source Irish Statute Book

articles 76

then the Office shall decide to undertake an examination or to prepare a report on the preliminary examination (including any recommendations) and, where an examination is undertaken, prepare a report on the examination (including any recommendations) and, accordingly, the Office shall as it considers it appropriate in the circumstances—

(i) submit the report concerned to the planning authority or the Minister or to both, or

(ii) submit the report concerned or complaint, including any relevant information, records or documents available to one or more of the following:

(I) the Ombudsman;

(II) the Standards in Public Office Commission;

(III) the Garda Síochána;

(IV) such other State authority as may be prescribed.

(3) A recommendation by the Office relating to a planning authority, which is included in a report under subsection (2) may include a recommendation that the Minister consider exercising his or her functions under any of the following:

(a) section 28 to issue guidelines;

(b) section 29 to issue policy directives;

(d) subsection (4) of section 255 to appoint a commissioner to carry out and have full responsibility for all or any one or more of the functions of the planning authority concerned.

(4) Where upon a preliminary examination of a complaint, the Office is of the opinion that a complaint received by it is not one to which subsection (1) relates, then it shall cease to examine it for the purposes of the other provisions of this section but may, if the Office considers it appropriate in the circumstances, refer it to, or refer the complainant to, the Minister or a body to which subsection (2)(ii) relates.

(5) The Office may—

(a) having carried out a preliminary examination of a complaint to which subsection (1) relates, decide not to carry out an examination under this section into any matter in respect of which a complaint is made, or

(b) decide not to conduct a preliminary examination, or to discontinue a preliminary examination, under this section into such matter if the Office forms the opinion that—

(i) the complaint cannot be substantiated or appears to the Office to be trivial or vexatious in nature,

(ii) the person making the complaint, or the person in respect of whom the complaint was made, does not appear to have any interest in the subject matter to which the complaint was made,

(iii) the person making the complaint has not taken reasonable steps to pursue the subject matter of the complaint with the planning authority concerned,

(iv) the person making the complaint has not exhausted any appeal or review procedures open to him or her in respect of the subject matter of the complaint, or

(v) legal proceedings have been instituted in respect of the subject matter of the complaint.

(6) Where the Office makes a decision under subsection (5) it shall in writing inform the person who made the complaint of the reasons for the Office’s decision.

(7) In determining whether to initiate, continue or discontinue a review or examination under this section, the Office of the Planning Regulator shall be subject to the provisions of this section.

(8) An examination by the Office of the Planning Regulator shall not, of itself, affect the validity of the matter examined or any power or duty of the performance of the function of the planning authority or the Board under this Act to exercise further functions of the planning authority or the Board under this Act with respect to any matters the subject of the examination.

(9) The Office shall not exercise any of its functions in relation to any particular case with which a planning authority or the Board is either involved or could be involved.

Information and records to be made available to Office

31AV. (1) The Office as part of its review or examination may request from a planning authority or the Board access to such information, records or documents relating to the performance by the planning authority or the Board of its functions.

(2) Where the Office conducts a review or examination, the planning authority or the Board shall co-operate and comply with any request of the Office in relation to all or any of the matters which are the subject of the review or examination.

(3) It is the duty of each member of a planning authority or the Board, and each member of its staff, to co-operate with the Office.

(4) A public body may, for the purposes of a review or examination under section 31AS, 31AT or 31AU, disclose information, records or documents (including personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016^3) in its possession to the Office relating to matters that are the subject of that review or examination.

(5) In this section—

‘company’ has the meaning assigned to it by the Companies Act 2014;

‘public body’ means—

(a) a Department of State,

(b) the Office of the Comptroller and Auditor General,

(d) a local authority (within the meaning of the Local Government Act 1941),

(e) a body (other than a company) established by or under statute,

(f) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by—

(i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or

(ii) the issue of shares held by or on behalf of a Minister of the Government,

(g) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government.

Access to information (Part IIB)

31AW. (1) The Office may appoint any person (in this section referred to as an ‘authorised person’) to carry out a review or examination authorised by this Chapter.

(2) The planning authority or the Board shall supply the authorised person with such information, records, or documents relating to the performance by the planning authority or the Board of its functions as the authorised person may from time to time request.

(3) An authorised person appointed for the purposes of this section, accompanied by such other persons as he or she considers appropriate in the circumstances, is entitled at all reasonable times to enter and inspect any land or premises or structure (other than a dwelling) which is owned, used, controlled or managed by a planning authority or the Board and shall be afforded every facility and co-operation by the planning authority (its chief executive and staff) or the Board including the giving of information which he or she reasonably requires and shall have access to all documents, records, or other information which he or she may reasonably require and shall be afforded facilities to make notes from, or to take copies of, any such documents or records.

Offences (Part IIB)

31AX. (1) Any person who—

(a) commits an offence under section 31AD, or

(b) obstructs or impedes or, without reasonable excuse, fails to comply with a request of—

(i) the Planning Regulator or a member of the staff of the Office, or

(ii) an authorised person, including any other person to whom section 31AW(3) relates,

acting in the exercise of functions to which section 31AW(2) relates commits an offence,

and is liable on summary conviction to a Class C fine or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.

(2) Summary proceedings for an offence under this section may be brought and prosecuted by the Planning Regulator.”.

PART 3 Miscellaneous and Consequential Amendments to Planning and Development Acts 2000 to 2016

5. Office of the Planning Regulator and amendments to Part II of Principal Act

5. The provisions of Part II of the Principal Act referred to in column (2) of Schedule 1 are amended in the manner referred to in column (3) of that Schedule opposite the reference in column (2) to the provision concerned.

6. References to manager, etc., in Principal Act

6. (1) References, however expressed, in the Principal Act to the manager of a local authority or the manager of a planning authority are amended to chief executive of a local authority or chief executive of a planning authority, as the case may be, and for that purpose the provisions of that Act referred to in column (2) of Schedule 2 are amended in the manner referred to in column (3) of that Schedule opposite the reference in column (2) to the provision concerned.

(2) The reference in section 147(13) of the Principal Act to “assistant manager” is amended in the manner set out in Schedule 2.

7. Amendment of section 2 of Principal Act

7. Subsection (1) of section 2 of the Principal Act is amended, in paragraph (b) of the definition of “strategic infrastructure development”, by substituting “subsection (3) or (6) of section 226” for “226(6)”.

8. Amendment of section 4 of Principal Act

8. Section 4 of the Principal Act is amended, in subsection (1), by substituting the following paragraph for paragraph (ia):

“(ia) development (other than development consisting of the provision of access to a national road within the meaning of the Roads Act 1993) that consists of—

(I) the construction, maintenance or improvement of a road (other than a public road) that serves a forest or woodland, or

(II) works ancillary to such construction, maintenance or improvement;”.

9. Amendment of section 7 of Principal Act

9. Section 7 of the Principal Act is amended in subsection (2) by substituting the following for paragraph (e):

“(e) the complete decision of the planning authority in respect of any such application, including any conditions imposed and the date of the decision, together with such further points of detail as are agreed, or deemed to have been agreed, under section 34(5), between the planning authority and the person carrying out the development,”.

10. Development plan to be consistent with specific planning policy requirements

10. Section 10 of the Principal Act is amended—

(a) in subsection (1A), by inserting “and with specific planning policy requirements specified in guidelines under subsection (1) of section 28” after “regional spatial and economic strategy”, and

(b) in paragraph (a) of subsection (2A), by inserting “and with the specific planning policy requirements specified in guidelines under subsection (1) of section 28” after “regional spatial and economic strategy”.

11. Amendment of section 10 of Principal Act

11. Section 10 of the Principal Act is amended by deleting subsections (1B) and (1C).

12. Amendment of section 11 of Principal Act

12. Section 11 of the Principal Act is amended by substituting the following for subsection (1):

“(1) (a) Not later than 4 years after the making of a development plan, a planning authority shall, subject to paragraph (b), give notice of its intention to review its existing development plan and to prepare a new development plan for its area.

(b) For the purpose of enabling the incorporation of the National Planning Framework and a regional spatial and economic strategy into a development plan—

(i) where notice of a development plan review to be given in accordance with paragraph (a) is prior to the making of the relevant regional spatial and economic strategy, then notice of the review shall be deferred until not later than 13 weeks after the relevant regional spatial and economic strategy has been made,

(ii) where a development plan review referred to in paragraph (a) has commenced and a draft plan has not been submitted to the members of the planning authority concerned in accordance with subsection (5)(a) prior to the making of the relevant regional spatial and economic strategy, then the review process shall be suspended until not later than 13 weeks after the making of the relevant regional spatial and economic strategy,

(iii) where notice of a development plan review to be given in accordance with paragraph (a) would, but for this subparagraph, be more than the period of 26 weeks after the making of the relevant regional spatial and economic strategy, then each planning authority concerned shall, within that period, either—

(I) give notice of a development plan variation in accordance with section 13, or

(II) give notice of a development plan review.”.

13. Amendment of section 11B of Principal Act

13. Section 11B of the Principal Act is amended by inserting the following after subsection (1):

“(1A) Where a planning authority to which subsection (1) relates has not commenced the preparation of a development plan in accordance with this section before the initial making of the relevant regional spatial and economic strategy, then the reference in that subsection to ‘within 12 months of the making of regional planning guidelines that take into account the amalgamation of the administrative areas concerned’ shall be read as a reference to ‘no later than 26 weeks after the making of the initial regional spatial and economic strategy that takes into account the amalgamation of the administrative areas concerned’.”.

14. Amendment of section 12 of Principal Act

14. Section 12 of the Principal Act is amended—

(a) by inserting the following subsection:

“(2A) The Minister or the Office of the Planning Regulator may, in relation to a draft development plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.”,

(b) in subsection (4), by—

(i) substituting the following subparagraph for subparagraph (ii) of paragraph (b):

“(ii) provide a summary of—

(I) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,

(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and

(III) the submissions and observations made by any other persons,

in relation to the draft development plan in accordance with this section,”,

and

(ii) inserting the following paragraph:

“(ba) A report prepared and submitted in accordance with paragraph (a) shall contain a summary of the observations, submissions and recommendations made by the Office of the Planning Regulator under section 31AM to the planning authority concerned.”,

(i) inserting “or from the Office of the Planning Regulator made to that planning authority under section 31AM” after “under this section”, and

(ii) inserting “the Office of the Planning Regulator and” after “shall so inform”,

(d) in subsection (8), by substituting the following subparagraph for subparagraph (ii) of paragraph (b):

“(ii) provide a summary of—

(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and

(III) the submissions and observations made by any other persons,

in relation to the draft development plan in accordance with this section,”,

and

(e) by inserting the following subsection:

(18) In this section ‘statutory obligations’ includes, in relation to a local authority, the obligation to ensure that the development plan is consistent with—

(a) the national and regional development objectives specified in—

(i) the National Planning Framework, and

(ii) the regional spatial and economic strategy,

and

(b) specific planning policy requirements specified in guidelines under subsection (1) of section 28.

15. Amendment of section 13 of Principal Act

15. Section 13 of the Principal Act is amended—

(a) by inserting the following subsection:

“(3A) The Minister or the Office of the Planning Regulator may, in relation to a proposed variation of a development plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.”,

(b) in subsection (4), by—

(i) substituting the following subparagraph for subparagraph (ii) of paragraph (b):

“(ii) provide a summary of—

(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and

(III) the submissions and observations made by any other persons,

in relation to the draft development plan in accordance with this section,”,

and

“(14) In this section ‘statutory obligations’ includes, in relation to a local authority, the obligation to ensure that the development plan is consistent with—

(a) the national and regional development objectives specified in—

(i) the National Planning Framework, and

(ii) the regional spatial and economic strategy,

and

(b) specific planning policy requirements specified in guidelines under subsection (1) of section 28.”.

16. Request to manager to report on proposal by members of planning authority to vary development plan

16. Section 13 of the Principal Act is amended by inserting the following subsection after subsection (1):

“(1A) (a) The members of a planning authority may at any time, for stated reasons, submit a resolution to the manager of the planning authority requesting him or her to prepare a report on a proposal by them to initiate a process to consider the variation of the development plan which for the time being is in force where three quarters of the members of that authority have approved such a resolution.

(b) The manager of a planning authority shall submit a report further to a request under paragraph (a) to the elected members within four weeks of the adoption of the resolution.”.

17. Amendment of section 20 of Principal Act

17. Section 20 of the Principal Act is amended—

(a) by inserting the following subsection:

“(1A) The Minister or the Office of the Planning Regulator may, in relation to a local area plan, make such recommendations as the Minister or that Office, as the case may be, considers appropriate.”,

(b) in subsection (3), by—

(i) substituting the following clause for clause (II) of subparagraph (ii) of paragraph (c):

“(II) provide a summary of—

(A) the recommendations, submissions and observations made by the Minister, where the notice under paragraph (a) of subsection (2) was sent before the establishment of the Office of the Planning Regulator,

(B) the recommendations, submissions and observations made by the Office of the Planning Regulator, and

in relation to the draft local area plan in accordance with this section,”,

and

(ii) substituting the following subparagraph for subparagraph (ii) of paragraph (l):

“(ii) provide a summary of—

(II) the recommendations, submissions and observations made by the Office of the Planning Regulator, and

(III) the submissions and observations made by any other persons,

in relation to the draft local area plan in accordance with this section,”,

and

“(5) In this section ‘statutory obligations’ includes, in relation to a local authority, the obligation to ensure that the local area plan is consistent with—

(a) the objectives of the development plan,

(b) the national and regional development objectives specified in—

(i) the National Planning Framework, and

(ii) the regional spatial and economic strategy,

and

18. National Planning Framework

18. (1) The Principal Act is amended in Part II by inserting the following Chapter after Chapter II:

“Chapter IIA

National Planning Framework

National Planning Framework

20A. The National Spatial Strategy, as amended having regard to the provisions of this Chapter including any document published by the Government which amends or replaces that Strategy or such subsequent document, shall be known as the National Planning Framework.

Objective of National Planning Framework

20B. The objectives of the National Planning Framework are—

(a) to establish a broad national plan for the Government in relation to the strategic planning and sustainable development of urban and rural areas,

(b) to secure balanced regional development by maximising the potential of the regions, and support proper planning and sustainable development, and

Matters to be addressed in National Planning Framework

20C. (1) Any document, published after the commencement of this Chapter, that amends or replaces the National Spatial Strategy or thereafter revises or replaces the National Planning Framework shall address the matters set out in subsection (2)—

(a) for the purposes of the objectives of the National Planning Framework, and

(b) in respect of a period that is not less than 10 years nor more than 20 years after such publication or in any revision or replacement of the National Planning Framework.

(2) The matters referred to in subsection (1) are as follows:

(a) the identification of nationally strategic development requirements as respects cities, towns and rural areas in relation to employment, future population change, and associated housing and commercial development requirements;

(b) the indication of national infrastructure priorities to address the strategic development requirements referred to in paragraph (a) as regards transportation (including public transportation), water services, waste management, energy and communications networks and the provision of educational, health care, retail, cultural and recreational facilities;

(c) the promotion of co-ordination of development between the terrestrial and marine sectors, having regard to Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014 establishing a framework for maritime spatial planning^4, and of any measures taken by the State to give effect to that Directive;

(d) the conservation of the environment and its amenities, including the landscape and archaeological, architectural and natural heritage;

(e) the promotion of sustainable settlement and transportation strategies in urban and rural areas including the promotion of measures to reduce anthropogenic greenhouse gas emissions and to address the necessity of adaptation to climate change;

(f) the documents to which subsection (3) relates.

(3) The National Planning Framework shall—

(a) have regard to the document entitled “EDSP - European Spatial Development Perspective Towards Balanced and Sustainable Development of the Territory of the European Union” which was adopted on 11 May 1999 at Potsdam at the close of an Informal Council of EU Ministers responsible for spatial planning in Member States at Potsdam, 10 and 11 May 1999, and

(b) shall take account of the provisions of the Regional Development Strategy 2035 published by the Northern Ireland Department for Regional Development and any document that amends or replaces a document to which this paragraph relates.

(4) The Government shall prepare and publish the National Planning Framework and keep its implementation under review.

(5) Every 6 years after the date of publication of the National Planning Framework, the Government shall either—

(a) revise the Framework or replace it with a new one, or

(b) publish a statement explaining why the Government has decided not to revise the Framework and include in the statement an indication of a date by which it will be revised or a new National Planning Framework will be published.

(6) Provision shall be made by the Minister for public consultation in the preparation of a new or revised National Planning Framework including arrangements for consultation with—

(a) regional assemblies,

(b) local authorities,

(d) bodies prescribed under planning regulations for the purposes of public consultation on plan-making, and

(e) the Northern Ireland Department for Regional Development, where that Department agrees to such consultation being undertaken with it.

(7) The preparation of the National Planning Framework shall be subject to the provisions of relevant EU Environmental Directives including the Strategic Environmental Assessment (SEA) and Habitats (Appropriate Assessment) Directive.

(8) The Government shall submit the draft of the revised or new National Planning Framework, together with the Environmental Report and Appropriate Assessment Report for the approval of each House of the Oireachtas before it is published.

(9) In preparing or revising the National Planning Framework, the Government shall have regard to any resolution or report of, or of any committee of, the Oireachtas that is made, during the period for consideration, as regards the proposed strategy or, as the case may be, the Framework as proposed to be revised.”.

(2) For the purposes of the amendment provided for by subsection (1), the provisions of the Acts set out in columns (2) and (3) of Schedule 3 are amended in the manner referred to in column (4) of that Schedule opposite the reference in columns (2) and (3) to the Act and provision concerned respectively.

19. Publication of certain documents on website of planning authorities

19. For the purpose of the publication of certain documents on the websites of planning authorities, sections 9, 11, 12, 13 and 20 of the Principal Act are amended in the manner referred to in column (3) of Schedule 4 opposite the reference in column (2) of that Schedule to the section concerned.

20. Amendment of section 28 of Principal Act

20. Section 28 of the Principal Act is amended by—

(a) substituting the following subsection for subsection (1C):

“(1C) Without prejudice to the generality of subsection (1), guidelines under that subsection may contain specific planning policy requirements with which planning authorities, regional assemblies and the Board shall, in the performance of their functions, comply.”,

and

(b) inserting the following subsection:

“(1D) A strategic environmental assessment or an appropriate assessment shall, as the case may require, be conducted in relation to a draft of guidelines proposed to be issued under subsection (1).”.

21. Amendment of section 31 of Principal Act

21. Section 31 of the Principal Act is amended, in subsection (1), by—

(a) substituting the following paragraph for paragraph (a):

“(a) a planning authority, in making a development plan, a variation of a development plan, a local area plan or an amendment to a local area plan (in this section referred to as a ‘plan’) has failed to—

(i) implement a recommendation made to the planning authority by—

(I) the Minister under section 12, 13 or 20, or

(II) the Office of the Planning Regulator under section 31AM or 31AO,

(ii) take account of any submission or observation made to the planning authority by—

(I) the Minister under section 12, 13 or 20, or

(II) the Office of the Planning Regulator under section 31AM or 31AO,”,

(b) inserting the following paragraph:

“(ba) a plan is not consistent with—

(i) the national and regional development objectives set out in the National Planning Framework and the regional spatial and economic strategy, or

(ii) specific planning policy requirements specified in guidelines issued by the Minister under subsection (1) of section 28,”,

“(3) (a) The Minister may, following the making of a recommendation by the Office of the Planning Regulator under subsection (9) of section 31AN or subsection (9) of section 31AP, give a direction under this section to a planning authority in relation to a plan.

(b) The Minister shall, before giving a direction under this section to a planning authority, issue a notice in writing to the planning authority of his or her intention to give such direction and such notice shall not be issued after the expiration of 4 weeks from the making of a plan by the planning authority.”.

22. Amendment of section 33 of Principal Act

22. Section 33 of the Act of 2000 is amended in subsection (2)—

(a) by inserting the following after paragraph (c):

“(ca) providing for the waiving or reduction of a fee to which paragraph (c) would relate, or the payment of a different fee, in respect of submissions or observations made by a person in his or her capacity as a member of a local authority;”,

and

(b) by inserting the following after paragraph (k):

“(ka) facilitating the making and processing by electronic means of—

(i) planning applications, appeals, referrals, applications for approval, submissions and consents under this Act, and

(ii) the payment of fees, the issuing of decisions and setting out of requirements to which subparagraph (i) relates;

(kb) requiring the inputting of data by planning authorities into such databases or national planning systems as may be prescribed by the Minister;”.

23. Amendment of section 34 of Principal Act

23. (1) Section 34 of the Principal Act is amended in subsection (2)(a) by deleting “and” in subparagraph (v) and by inserting the following after subparagraph (v):

“(va) previous developments by the applicant which have not been satisfactorily completed,

(vb) previous convictions against the applicant for non-compliance with this Act, the Building Control Act 2007 or the Fire Services Act 1981, and”.

(2) Section 34 of the Principal Act is amended in subsection (3) by substituting “the applicant, and” for “the applicant.” in paragraph (b) and by inserting the following after paragraph (b):

“(c) where an application for permission relates to a residential development comprising 10 or more houses—

(i) any information available to the planning authority, or furnished to it by the applicant, concerning implementation by the applicant of any housing development in the previous 5 years, and

(ii) an assessment by the planning authority of the likelihood of the proposed development being implemented within the appropriate period sought, being the appropriate period within the meaning provided for by section 40(3).”.

(3) Section 34 of the Principal Act is amended in subsection (4)(g) by substituting “the giving and maintaining of adequate security” for “the giving of adequate security”.

(4) Section 34 of the Principal Act is amended by substituting the following for subsection (5):

“(5) The conditions under subsection (1) may provide that points of detail relating to a grant of permission be agreed between the planning authority and the person carrying out the development and, accordingly—

(a) where for that purpose that person has submitted to the planning authority concerned such points of detail, then that authority shall, within 8 weeks of those points being so submitted, or such longer period as may be agreed between them in writing, either—

(i) reach agreement with that person on those points, or

(ii) where that authority and that person cannot so agree on those points, that authority may—

(I) advise that person accordingly in writing, or

(II) refer the matter to the Board for its determination,

and, where clause (I) applies, that person may, within 4 weeks of being so advised, refer the matter to the Board for its determination,

(b) where none of the events referred to in subparagraph (i) or in clause (I) or (II) of subparagraph (ii) occur within those 8 weeks or such longer period as may have been so agreed, then that authority shall be deemed to have agreed to the points of detail as so submitted.”.

(5) Section 34 of the Principal Act is amended in subsection (6)—

(a) in paragraph (a)(i) by inserting “or local area plan, as the case may be,” after “development plan”,

(b) in paragraph (a)(ii), by inserting the following after clause (I):

“(IA) the regional assembly for the area in which the planning authority is situated,”,

and

“(ba) Where a resolution referred to in paragraph (a) has been passed by a planning authority in accordance with paragraph (b), the planning authority shall—

(i) send to the regional assembly for the area and the Office of the Planning Regulator a copy of the notice under paragraph (a) that relates to the resolution, and

(ii) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed.”.

(6) Section 34 of the Principal Act is amended in subsection (10) by substituting “chief executive” for “manager”.

24. Amendment of section 35 of Principal Act

24. Section 35 of the Principal Act is amended in subsection (7) by inserting the following after paragraph (b):

“(ba) a registered society under the Industrial and Provident Societies Acts 1893 to 2014 that—

(i) carried out a development pursuant to a previous permission,

(ii) carried out a substantial unauthorised development, or

(iii) has been convicted of an offence under this Act,

or, during any period to which subparagraph (i) or (ii) relates or to which any conviction under subparagraph (iii) relates, the registered society was, during that period, controlled by the applicant—

(I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014, ‘control’ has the same meaning as in section 220(5) of the Companies Act 2014, or

(II) as a shadow director within the meaning of section 2(1) of the Companies Act 2014,”.

25. Amendment of section 38 of Principal Act

25. Section 38 of the Principal Act is amended by substituting the following for subsection (1) other than paragraphs (a) to (e):

“(1) Where a planning authority gives its decision in respect of a planning application the following documents shall be made available by the authority within 3 working days by placing the documents on its website, and may also make available such documents both in electronic form and for inspection and purchase by members of the public during office hours:”.

26. Power to vary appropriate period, etc.

26. (1) The Principal Act is amended by substituting the following for section 41:

“Power to vary appropriate period

41. (1) Without prejudice to the powers conferred on them by this Part to grant a permission to develop land for a limited period only, in deciding to grant a permission under section 34, 37, 37G or 37N, a planning authority or the Board, as may be appropriate, may, having regard to the nature and extent of the relevant development and any other material consideration, specify the period during which the permission is to have effect, being a period—

(a) in the case of all development requiring permission, of not less than 2 years, and

(b) in the case of residential development requiring permission, of not more than 10 years,

and where the planning authority or the Board exercises, or refuses to exercise, the power conferred on it by this section, the exercise or refusal shall be regarded as forming part of the relevant decision of the authority or the Board under section 34, 37, 37G or 37N.

(2) Where an application for permission relates to a residential development comprising 10 or more houses—

(a) material considerations in subsection (1) may include any information available to the planning authority or furnished to it by the applicant concerning implementation by the applicant of any housing development in the previous 5 years, and

(b) an assessment by the planning authority of the likelihood of the proposed development being implemented within the appropriate period sought, being the appropriate period within the meaning provided for by section 40(3).”.

(2) Section 42A of the Principal Act is repealed.

27. Revocation or modification of planning permission for certain reasons

27. The Principal Act is amended by inserting the following section:

“44A.(1) The Minister may, upon the request of the Minister for Justice and Equality, the Minister for Foreign Affairs and Trade or the Minister for Defence and with the approval of the Government, make an order revoking or modifying a grant of permission under this Act if he or she is satisfied that—

(a) the carrying out of the development to which the grant of permission relates is likely to be harmful to—

(i) the security or defence of the State, or

(ii) the State’s relations with other states,

and

(b) the revocation or modification concerned is necessary in the public interest.

(2) The Minister may, before making an order under this section, consult with—

(a) the planning authority that granted the permission concerned,

(b) the person to whom the permission was granted, or

(c) any other person who, in the opinion of the Minister, is likely to be materially affected by the making of such order,

but shall not so consult if he or she considers that to do so would be harmful to the security or defence of the State or to the State’s relations with other states.

(3) This section shall apply to permissions whether granted before, on or after the passing of the Planning and Development (Amendment) Act 2018.

(4) Where an order is made under this section, the planning authority that granted the permission to which the order relates shall, within such period as may be specified in the order, serve—

(a) a notice in writing on—

(i) the person to whom the permission concerned was granted, and

(ii) any other person specified in the order,

informing him or her of the revocation or modification effected by the order, and

(b) a notice in writing—

(i) in the case of development commenced but not completed, on any person carrying out the development in respect of which the permission was granted, or on whose behalf such development is being carried out, requiring him or her to cease the development and restore the land, on which the development concerned is being carried out, to the condition it was in before the development commenced, or

(ii) in the case of development completed, on any person who carried out the development, or on whose behalf the development was carried out, requiring him or her to restore the land, on which the development concerned was carried out, to the condition it was in before the development was commenced.

(5) A person on whom a notice is served under paragraph (b) of subsection (4) shall comply with the notice.

(6) (a) The Minister shall, as soon as practicable after the making of an order under this section, give a copy of the order to the planning authority that granted the permission to which the order relates.

(b) A planning authority shall, as soon as practicable after the copy of an order has been given to it in accordance with paragraph (a), give a copy of the order to—

(i) the person to whom the permission to which the order applies was granted, and

(ii) any other person the Minister may direct.

(7) A permission to which an order under this section applies shall, upon the making of the order, stand revoked or modified, as may be appropriate, in accordance with the order.

(8) Any development carried out in contravention of an order under this section shall be an unauthorised development.

(9) Where the Minister makes an order revoking an order under this section—

(a) the second-mentioned order shall, for all purposes, be deemed never to have been made, and the register shall be amended accordingly, and

(b) the period between the making of the second-mentioned order and the first-mentioned order shall not be reckonable for the purpose of calculating the period since the granting of the permission.

(10) The Minister shall not, in relation to a permission, make an order under this section if the period since the grant of the permission exceeds 5 years.

(11) The making of an order under this section shall be recorded in the register as soon as may be after it is made.

(12) (a) Any proceedings before a court relating to an order under this section shall be heardin camera.

(b) A court before which proceedings relating to an order under this section are heard shall take all reasonable precautions to prevent the disclosure—

(i) to the public, or

(ii) where the court considers it appropriate, to any party to the proceedings,

of any evidence given or document submitted for the purposes of the proceedings, the disclosure of which, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.

(i) the prohibition of the disclosure of such evidence or documentation as the Court may determine, and

(ii) the hearing, in the absence of any person or persons including any party to the proceedings, of any evidence or the examination of any witness or document that, in the opinion of the Court, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.”.

28. Development contributions and supplementary development contribution schemes

28. (1) Section 48 (which relates to development contributions) of the Principal Act is amended—

(a) in subsection (3A) (inserted by the Urban Regeneration and Housing Act 2015) by substituting the following for paragraph (b);

“(b) where the development comprises houses and one or more of those houses has not been rented, leased, occupied or sold,”,

and

(b) by substituting the following for subsection (3B) (as so inserted):

“(3B) Where a development referred to in subsection (3A) comprises houses one or more of which has not been rented, leased, occupied or sold the planning authority shall apply the change in the basis for the determination of the contribution referred to in that subsection only in respect of any house or houses that have not been rented, leased, occupied or sold.”.

(2) Section 48 (which relates to development contributions) of the Principal Act is amended in subsection (17)—

(a) by substituting the following for paragraph (c):

“(c) the provision of roads, car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure,”,

and

(b) by substituting the following for paragraph (e):

“(e) the refurbishment, upgrading, enlargement or replacement of roads, car parks, car parking places, surface water sewers, flood relief work and ancillary infrastructure,”.

(3) Section 49 (which relates to supplementary development contribution schemes) of the Principal Act is amended in subsection (7) by substituting the following for paragraph (c):

“(c) the provision of new surface water sewers and ancillary infrastructure,”.

29. Amendment of section 50B of Principal Act

29. Section 50B of the Principal Act is amended—

(a) in paragraph (a) of subsection (1), by—

(i) substituting “statutory provision” for “law of the State”,

(ii) deleting “or” in clause (II),

(iii) substituting “applies, or” for “applies; or” in clause (III), and

(iv) inserting the following clause after clause (III):

“(IV) paragraph 3 or 4 of Article 6 of the Habitats Directive; or”,

and

(b) inserting the following subsection:

“(6) In this section ‘statutory provision’ means a provision of an enactment or instrument under an enactment.”.

30. Amendment of section 144 of Principal Act

30. Section 144 of the Principal Act is amended in subsection (1A) (inserted by the Planning and Development (Amendment) Act 2010) by inserting the following paragraph after paragraph (a)—

“(aa) an appeal to the Board under Part 2 of the Urban Regeneration and Housing Act 2015;”.

31. Amendment of section 162 of Principal Act

31. Section 162 of the Principal Act is amended in subsection (2) by substituting “section 34(12C)” for “section 34(12)”.

32. Amendment of section 169 of Principal Act

32. Section 169 of the Principal Act is amended—

(a) in subsection (8), by inserting “any specific planning policy requirements contained in guidelines under subsection (1) of section 28,” after “the provisions of the housing strategy,”, and

(b) by inserting the following subsection:

“(8A) (a) A planning scheme that contains a provision that contravenes any specific planning policy requirement in guidelines under subsection (1) of section 28 shall be deemed to have been made, under paragraph (b) of subsection (4) of section 169, subject to the deletion of that provision.

(b) Where a planning scheme contravenes a specific planning policy requirement in guidelines under subsection (1) of section 28 by omission of a provision in compliance with that requirement, the planning scheme shall be deemed to have been made under paragraph (b) of subsection (4) of section 169 subject to the addition of that provision.”.

33. Amendment of section 176A of Principal Act

33. Section 176A of the Principal Act is amended in subsection (7)(a) by deleting “together with any fee received from the applicant,”.

34. Amendment of section 176C of Principal Act

34. F1[…]

35. Amendment of section 177S of Principal Act

35. Section 177S of the Principal Act is amended in subsection (2) by inserting the following paragraph after paragraph (a):

“(aa) in relation to a draft National Planning Framework, the Minister.”.

36. Amendment of section 177T of Principal Act

36. Section 177T of the Principal Act is amended in subsection (3) by inserting the following paragraph after paragraph (a):

“(aa) as respects a draft National Planning Framework, the Minister.”.

37. Amendment of section 180 of Principal Act

37. Section 180 of the Principal Act is amended—

(a) in subsection (1)—

(i) by substituting “Subject to subsection (7), where a development” for “Where a development”, and

(ii) by substituting “not later than 6 months after being so requested” for “as soon as may be”,

(b) in subsection (2)(a) by substituting “4 years” for “seven years”,

(c) in subsection (2)(b) to insert “, or a condition attached to a permission under section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016” after “section 34(4)(g)”,

(d) in subsection (2A)(a)(i) by substituting “4 years” for “seven years”,

(e) in subsection (2A)(b) to insert “, or a condition attached to a permission under section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016” after “section 34(4)(g)”,

(f) in subsection (2A) by inserting the following after paragraph (b):

“(c) The initiation of procedures under section 11 of the Roads Act 1993 shall not preclude the planning authority concerned from pursuing, under the Planning and Development Acts 2000 to 2018 or otherwise, a developer for the costs incurred by that authority in respect of works undertaken on a development to enable it to be taken in charge by that authority.”,

(g) by inserting the following after subsection (6):

“(7) This section applies to that part of a development for which permission is granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 that relates to the construction of houses and the provision of—

(a) new roads, open spaces or car parks, or

(b) sewers, water mains or service connections, within the meaning of the Water Services Act 2007,

relating to such houses and references to ‘development’ in other provisions of this section shall be read accordingly.”.

38. Amendment of section 195 of Principal Act

38. Section 195 of the Principal Act is amended by inserting the following subsection:

“(3) This section shall apply to an order made under section 44A subject to—

(a) the modification that references to planning authority shall be construed as references to the Minister, and

(b) any other necessary modifications.”.

39. Amendment of section 208 of Principal Act

39. Section 208 of the Principal Act is amended in subsection (1) by inserting the following after “development plan”:

“or local area plan”.

40. Members of local authorities exempt from payment of certain fees

40. Section 246 of the Principal Act is amended—

(a) in subsection (1), by substituting the following paragraph for paragraph (b):

“(b) the payment to planning authorities of prescribed fees in relation to the making of submissions or observations respecting applications for permission referred to in paragraph (a), with the exception of local authority members who are exempt from all fees in relation to the making of submissions or observations respecting applications for permission referred to in paragraph (a), insofar as it concerns applications made within the local authority members’ local electoral area.”.

41. Amendment of section 246 of Principal Act

41. Section 246 of the Principal Act is amended—

(a) in subsection (1), by substituting the following paragraph for paragraph (d):

“(d) the payment—

(i) to local authorities of prescribed fees in relation to applications for grants of licences under section 231 or certificates of safety under section 239, and

(ii) to planning authorities of prescribed fees in relation to any consultation or advice under section 247, and”,

and

(b) in subsection (3), by substituting the following paragraphs for paragraph (a):

“(a) Where, under regulations under this section, a fee is—

(i) payable to a planning authority by an applicant in respect of an application to which paragraph (a) or (e) of subsection (1) applies, or

(ii) payable to a local authority in respect of an application to which subparagraph (i) of paragraph (d) of that subsection applies,

a decision in relation to the application shall not be made until the fee is paid.

(aa) Where, under regulations under this section, a fee is payable to a planning authority by a person in respect of—

(i) a request to which paragraph (c) of subsection (1) applies, or

(ii) a consultation or advice to which subparagraph (ii) of paragraph (d) of that subsection applies,

the planning authority shall not—

(I) give the declaration, or

(II) provide the consultation or advice,

as may be appropriate, until the fee is paid.”.

42. Exemption from fees for submissions and observations by councillors on planning applications

42. Section 246 of the Planning and Development Act 2000 is amended by inserting the following new subsection after subsection (1):

“(1A) Regulations under subsection (1) shall not apply to the making of a submission or observation to a planning authority, respecting an application for permission referred to in paragraph (a) of that subsection, where the person by whom the submission or observation is made is an elected member of the planning authority concerned.”.

43. Amendment of section 247 of Principal Act

43. Section 247 of the Principal Act is amended—

(a) in subsection (1) by substituting “Subject to subsection (1A), a person who has an interest in land” for “A person who has an interest in land”,

(b) by inserting the following after subsection (1):

“(1A) (a) Subject to section 5 of the Planning and Development (Housing) and Residential Tenancies Act 2016, prior to making an application to a planning authority or authorities under section 34 in respect of a development that—

(i) consists of or includes either or both residential development of more than 10 housing units or non-residential development of more than 1,000 square metres gross floor space, or

(ii) such other development as may be prescribed,

a prospective applicant shall have consulted the appropriate planning authority or authorities in whose area or areas the proposed development would be situated, comprising at least one meeting, and for that purpose—

(I) subject to paragraph (b), section 247 applies, with any necessary modifications to those consultations, and

(II) those consultations shall have regard to so much of Part V as would be relevant to proposals that include housing development.

(b) Consultations under section 247 in relation to proposed development referred to in paragraph (a) shall be held within 4 weeks of the date of receipt by the planning authority, or planning authorities, as the case may be, of a request by the prospective applicant for such a consultation, unless the prospective applicant requests that the period be extended by a specified period, in which case—

(i) the period shall be extended by the planning authority, or planning authorities, as the case may be, by such specified period upon the first such request, and

(ii) the period may be extended, at the discretion of the planning authority or planning authorities, as the case may be, by such specified period upon a second or subsequent such request.

(c) The failure by a planning authority to comply with the requirement to hold a consultation meeting for the purposes of section 247 by virtue of paragraph (b) within the time limits provided for by that paragraph shall not prevent the prospective applicant, after the expiration of the period specified in that paragraph, from making an application to a planning authority or authorities under section 34 to which the request for a consultation under paragraph (a) relates.

(d) The Minister may by regulations prescribe for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of requests to which paragraph (a) relate and may be so prescribed in respect of different classes of such requests.

(e) Without prejudice to the generality of paragraph (d), regulations under that paragraph may make provision for the following—

(i) the manner in which requests under paragraph (a) are to be made to planning authorities,

(ii) requiring planning authorities to acknowledge in writing the receipt of requests under paragraph (a),

(iii) requiring any person making a request under paragraph (a) to furnish to the planning authority concerned any specified types of drawings, plans, documents or other information in relation to that request.

(f) For the purposes of this subsection ‘gross floor space’ means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building.”,

and

44. Amendment of section 248 of Principal Act

44. Section 248 of the Principal Act is amended—

(a) in subsection (2)(c) by deleting “, if the person to whom the document or other information is required or permitted to be given consents to the information being given in that form”, and

(b) in subsection (5) after “electronic form” to insert “, and may deal with applications, appeals and referrals by electronic means.”.

45. Amendment of section 255 of Principal Act

45. Section 255 of the Principal Act is amended by inserting the following after subsection (4):

“(4A) In subsection (4) ‘information available to him or her’ includes any information or recommendation of the Office of the Planning Regulator having regard to—

(a) a draft report under subsection (4) of section 31AS or, where the report has been finalised, in the report under subsection (6) of that section,

(b) a draft report under subsection (3) of section 31AT or, where the report has been finalised, in the report under subsection (5) of that section,

(d) directions issued by the Minister on foot of recommendations from the Office under Chapter III of Part IIB.”.

46. Amendment of First Schedule to Principal Act

46. (1) The First Schedule to the Principal Act is amended in Part III (which relates to community facilities) by inserting the following after paragraph 3:

“4. Regulating, restricting or controlling the development of licensed premises within the meaning of the Licensing Acts 1833 to 2011.”.

(2) This section takes effect in respect of a new development plan of a planning authority to which section 11(1) of the Principal Act will relate where the planning authority first gives notice, after the passing of the Planning and Development (Amendment) Act 2018, of its intention under section 11(1) of the Principal Act to review its existing development plan and to prepare a new development plan for its area.

47. Amendment of Fourth Schedule to Principal Act

47. The Fourth Schedule to the Principal Act is amended by inserting the following paragraph after paragraph 23:

“23A. (1) The proposed development is by an applicant associated with a previous development (whether or not such previous development was within the functional area of the planning authority to which the proposed development relates) which—

(a) in the opinion of the planning authority in whose functional area the previous development is situated, has not been satisfactorily completed in the ordinary course of development, or

(b) the estate to which the previous development relates has not been taken in charge by the local authority concerned because the estate has not been completed to the satisfaction of that authority.

(2) In this paragraph ‘associated’, in relation to a previous development, means a development under the Planning and Development Acts 2000 to 2018 to which section 180 relates and in respect of which the development has not been satisfactorily completed or taken in charge by the local authority concerned due to the actions (whether of commission or omission) of—

(a) the applicant for the proposed development,

(b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, 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,

(i) carried out a development pursuant to a previous permission,

(ii) carried out a substantial unauthorised development, or

(iii) has been convicted of an offence under this Act,

or, during any period to which subclause (i) or (ii) relates or to which any conviction under subclause (iii) relates, the registered society was, during that period, controlled by the applicant—

(II) as a shadow director within the meaning of section 2(1) of the Companies Act 2014,

(d) where the applicant for the proposed development is a company—

(i) the company concerned is related to a company (within the meaning of section 2(10) of the Companies Act 2014) which 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, or

(ii) the company concerned is under the same control as a company that carried out a development referred to in subparagraph (1) where ‘control’ has the same meaning as in section 220(5) of the Companies Act 2014,

(e) a company that 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, which company is controlled by the applicant—

(i) where ‘control’ has the same meaning as in section 220(5) of the Companies Act 2014, or

(ii) as a shadow director within the meaning of section 2(1) of the Companies Act 2014.”.

48. Construction of Fifth Schedule to Principal Act

48. (1) The Act of 2016 is amended by inserting the following section after section 25:

“Construction of Fifth Schedule (conditions which may be imposed, on the granting of permission to develop land, without compensation) to Act of 2000 during specified period

25A. The Fifth Schedule to the Act of 2000 has effect during the specified period as if in paragraph 1 ‘or section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016’ were inserted after ‘section 34(4)(g)’.”.

(2) Section 1(3) of the Act of 2016 (which relates to commencement of provisions of that Act) applies to the commencement of the amendment provided for by subsection (1).

49. Amendment of Seventh Schedule to Principal Act

49. The Seventh Schedule to the Principal Act is amended by inserting the following:

“Communications and Data Infrastructure

Development comprising the following:

A facility consisting of one or more than one structure, the combined gross floor space of which exceeds 10,000 square metres, used primarily for the storage, management and dissemination of data, and the provision of associated electricity connections infrastructure.”.

50. Amendment of section 3 of Act of 2016

50. (1) Section 3 of the Act of 2016 is amended—

(a) by inserting the following definition after the definition of “consultation meeting”:

“ ‘gross floor space’ means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building;”,

(b) by inserting the following definition:

“ ‘shared accommodation’ means a building or part thereof used for the provision of residential accommodation consisting of—

(a) communal living and kitchen facilities and amenities shared by the residents, and

(b) bedrooms rented by the residents,

but does not include student accommodation or a building, or part thereof, used for the provision of accommodation to tourists or visitors;”,

(i) by inserting the following paragraph after paragraph (b):

“(ba) development—

(i) consisting of shared accommodation units that, when combined, contain 200 or more bed spaces, and

(ii) on land the zoning of which facilitates the provision of shared accommodation or a mixture of shared accommodation thereon and its application for other uses,”,

(ii) by substituting the following paragraph for paragraph (c):

“(c) development that contains developments of the type to which all of the foregoing paragraphs, or any two of the foregoing paragraphs, apply, or”,

(iii) by inserting “, (ba)” after “(b)” in paragraph (d),

(iv) in paragraph (i), by—

(I) substituting “houses, student accommodation units, shared accommodation units or any combination thereof” for “houses or student accommodation units, or both, as the case may be,”, and

(II) by inserting “or shared accommodation” after “within student accommodation”,

(v) by substituting “or shared accommodation” for “, or both, as the case may be,” in clause (I) of paragraph (ii), and

(vi) by inserting “or shared accommodation” after “student accommodation” in clause (II) of paragraph (ii),

(d) by inserting the following definition:

“ ‘student accommodation’—

(a) means a building or part thereof used or to be used to accommodate students whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012), and that is not for use—

(i) as permanent residential accommodation, or

(ii) subject to paragraph (b), as a hotel, hostel, apart-hotel or similar type accommodation,

and

(b) includes residential accommodation that is used as tourist or visitor accommodation but only if it is so used outside of academic term times;”,

and

(e) in the definition of “strategic housing development” by substituting “gross floor space” for “gross floor area” in paragraph (i).

(2) This section comes into operation upon the passing of this Act.

51. Amendment of section 5 of Act of 2016

51. (1) Section 5 of the Act of 2016 is amended—

(a) in subsection (4) by deleting “with the application concerned” and substituting “with the request concerned”, and

(b) in subsection (8), by—

(i) substituting “, student accommodation units or shared accommodation units” for “or student accommodation units, or both, as appropriate,”, and

(ii) substituting “gross floor spaces” for “internal floor spaces”.

(2) This section comes into operation upon the passing of this Act.

52. Amendment of section 6 of Act of 2016

52. (1) Section 6 of the Act of 2016 is amended—

(a) in subsection (1)(b) by substituting “under this section” for “under paragraph (a)”,

(b) in subsection (5)(a) by substituting “notification under subsection (4)(a)” for “receipt by the Board of the request under section 5(1)”, and

(2) This section comes into operation upon the passing of this Act.

53. Amendment of section 8 of Act of 2016

53. (1) Section 8 of the Act of 2016 is amended—

(a) in subsection (1)—

(i) by substituting the following subparagraph for subparagraph (i):

“(i) specifying the location of the proposed development and containing a brief description of the proposed development, including a description—

(I) of the number of houses, student accommodation units or shared accommodation units of which the proposed development is intended to consist, and

(II) in the case of student accommodation units or shared accommodation units, of—

(A) the combined number of bed spaces of which the proposed development is intended to consist, and

(B) any other uses to which those units are intended to be put,”,

(ii) by substituting “plan, or” for “plan, and” in paragraph (a)(iv)(I), and

(iii) by substituting “appropriate authority” for “prescribed authority” in paragraph (c),

and

(b) in subsection (3)(c)(iii) by deleting “prospective”.

(2) This section comes into operation upon the passing of this Act.

54. Amendment of section 10 of Act of 2016

54. (1) Section 10 of the Act of 2016 is amended in subsection (2) by substituting the following for paragraph (a):

“(a) The Board shall publish on its website both a notice and a copy of a decision under section 9.”.

(2) This section comes into operation upon the passing of this Act.

55. Amendment of section 12 of Act of 2016

55. (1) Section 12 of the Act of 2016 is amended in subsection (2) by substituting the following for paragraph (c):

“(c) the making available for inspection by members of the public, at the offices of the Board or the relevant planning authority or authorities in whose area or areas the development will be situated, and in electronic form, of any specified documents, particulars, plans or other information with respect to applications under section 4;”.

(2) This section comes into operation upon the passing of this Act.

56. Amendment of section 13 of Act of 2016

56. Section 13 of the Act of 2016 is amended by the deletion of paragraph (d).

57. Amendment of section 28 of Act of 2016

57. (1) Section 28 of the Act of 2016 is amended by substituting the following for subsection (1) (which provides for an amendment of section 42 of the Principal Act):

“(1) Section 42 of the Act of 2000 is amended—

(a) in subsection (1) by substituting the following for paragraph (a):

‘(a) (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) an environmental impact assessment or an appropriate assessment, or both of those assessments, was or were not required before the permission was granted,

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

(IV) the development will be completed within a reasonable time,’,

and

(b) by substituting the following for subsection (4):

‘(4) A decision to extend the appropriate period of a permission shall be made not more than twice under this section and a planning authority shall not further extend the appropriate period. Where a second decision to extend an appropriate period is made under this section, the combined duration of the 2 extensions of the appropriate period shall not exceed 5 years.’.”.

(2) This section comes into operation upon the passing of this Act.

PART 4 Miscellaneous Amendments

58. Definition

58. In this Part “Act of 2015” means the Urban Regeneration and Housing Act 2015.

59. Amendment of section 23 of Derelict Sites Act 1990

59. Section 23 of the Derelict Sites Act 1990 is amended by—

(a) substituting the following subsection for subsection (3):

“(3) The amount of the derelict sites levy shall—

(a) in respect of the local financial year prescribed in accordance with subsection (1), be such amount as is equal to 3 per cent of the market value of urban land concerned,

(b) in respect of any subsequent local financial year falling before the year 2020, be such amount as is equal to—

(i) 3 per cent of the said market value, or

(ii) such other percentage (not exceeding 3 per cent) of the said market value as may stand prescribed for the time being,

and

(i) 7 per cent of the said market value, or

(ii) such other percentage (not exceeding 7 per cent) of the said market value as may stand prescribed for the time being.”,

and

(b) substituting the following subsection for subsection (4):

“(4) Where it is proposed to make regulations under subsection (3), a draft of the regulations shall be laid before each House of the Oireachtas not later than 3 months before the beginning of the year in which it is proposed that the regulations would come into operation, and the regulations shall not be made unless a resolution approving the draft is made by each such House.”.

60. Amendment of section 12 of Dublin Transport Authority Act 2008

60. Section 12 of the Dublin Transport Authority Act 2008 is amended—

(a) in subsection (8) by substituting “the Minister for Housing, Planning and Local Government, the Office of the Planning Regulator,” for “the Minister for the Environment, Heritage and Local Government,”,

(b) in subsection (10) by substituting “the Authority shall send a copy of that draft to the regional authorities within the GDA and to the Office of the Planning Regulator and those regional authorities and that Office shall” for “the Authority shall send a copy of that draft to the regional authorities within the GDA and those regional authorities shall”, and

(i) by inserting “or from the Office of the Planning Regulator under that subsection,” after “from the regional authorities within the GDA under subsection (10),”,

(ii) by inserting “or of the Office of the Planning Regulator so given,” after “the advice of the regional authorities given under subsection (10),”, and

(iii) by substituting “shall inform in writing the regional authorities or that Office, as appropriate,” for “shall inform the regional authorities in writing”.

61. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

61. Section 4 of the Environment (Miscellaneous Provisions) Act 2011 is amended—

(a) in subsection (1), by—

(i) inserting “, notice” after “lease” in paragraph (a), and

(ii) inserting “, notice” after “lease” in paragraph (b),

and

(b) in subsection (4), by—

(i) substituting “Planning and Development Act 2000,” for “Planning and Development Act 2000.” in paragraph (n),

(ii) inserting the following paragraphs:

“(o) a consent to a plan or project for which a screening for appropriate assessment is required under regulation 42 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), and

(p) a consent or notice under regulation 43 of those regulations.”.

62. Amendment of section 33 of Water Services (No. 2) Act 2013

62. Section 33 (which relates to a water services strategic plan) of the Water Services (No. 2) Act 2013 is amended in subsection (5)(b)(i) by inserting “in line with any development plans within the meaning of the Act of 2000, in particular with the core strategy under section 10 of that Act” after the words “proper planning and sustainable development”.

63. Amendment of section 5 of Act of 2015

63. Section 5 of the Act of 2015 is amended, in paragraph (a) of subsection (1), by substituting the following subparagraph for subparagraph (iii):

“(iii) the site, or the majority of the site is—

(I) vacant or idle, or

(II) being used for a purpose that does not consist solely or primarily of the provision of housing or the development of the site for the purpose of such provision, provided that the most recent purchase of the site occurred—

(A) after it became residential land, and

(B) before, on or after the commencement of section 63 of the Planning and Development (Amendment) Act 2018.”.

64. Vacant site levy

64. The Act of 2015 is amended by substituting the following section for section 16:

“16. (1) The amount of the vacant site levy shall—

(a) in respect of the year 2018, be such amount as is equal to 3 per cent of the market value of the vacant site determined in accordance with section 12, and

(b) in respect of the year 2019 and every subsequent year thereafter, be such amount as is equal to—

(i) 7 per cent, or

(ii) such other percentage (not exceeding 7 per cent) as may stand prescribed, for the time being, by regulations,

of the market value of the vacant site determined in accordance with section 12.

(2) The Minister shall, in prescribing a percentage for the purpose of subparagraph (ii) of paragraph (b) of subsection (1), have regard to changes in the value of property and the Residential Property Price Index published by the Central Statistics Office.

(3) Where regulations under subparagraph (ii) of paragraph (b) of subsection (1) are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas not later than 3 months before the beginning of the year in which it is proposed that the regulations shall come into operation, and the regulations shall not be made unless a resolution approving the draft is passed by each such House.”.

65. Miscellaneous amendments of Act of 2015

65. The Act of 2015 is amended—

(a) in section 3, by deleting the following:

“ ‘prescribe’ means prescribe by regulations;”,

(b) in paragraph (d) of section 8, by inserting “by regulations” after “prescribe”,

(i) substituting “was not a vacant site” for “, or a majority of the site, was not vacant or idle” in subsection (2), and

(ii) substituting “a vacant site” for “vacant or idle” in subsection (3),

(d) in subsection (2) of section 18, by substituting the following paragraph for paragraph (a):

“(a) the site was no longer a vacant site on 1 January in the year concerned, or”,

and

(e) by substituting the following section for section 25:

“25. (1) The Minister may make regulations for the purposes of this Part.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to—

(a) the establishment and maintenance of the register under section 6,

(b) the procedure for the making of an entry in the register under section 7,

(d) the form of notice to be given under section 7, 9, 11, 12, 13 or 18,

(e) the form of a demand for payment under section 15,

(f) the form of a receipt or certificate under section 21.

(3) Regulations under this Part may contain such incidental, supplemental and consequential provisions as appear to the Minister to be necessary or expedient.

(4) Every regulation (other than a regulation under subparagraph (ii) of paragraph (b) of subsection (1) of section 16) or order under this Part shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation or order is passed by either such House within the next 21 days on which that House sits after the regulation or order is laid before it, the regulation or order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

PART 5 Marine Spatial Plans

66. Interpretation

66. F2[…]

67. Competent authority

67. F3[…]

68. Application of Part

68. F4[…]

69. Marine spatial plans

69. F5[…]

70. Requirements of marine spatial planning

70. F6[…]

71. Public participation on marine spatial plans

71. F7[…]

72. Strategic environmental assessment and appropriate assessment

72. F8[…]

73. Laying of marine spatial plans before each House of Oireachtas

73. F9[…]

74. Compliance by public bodies

74. F10[…]

75. Directions of Minister

75. F11[…]

76. Revocation

76. F12[…]

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