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Planning and Development, Maritime and Valuation (Amendment) Act 2022

Type Act

Publication 2022-07-24

State In force

Source Irish Statute Book

Reform history JSON API

PART 1 Preliminary and General

1. Short title, collective citation, construction, and commencement

1. (1) This Act may be cited as the Planning and Development, Maritime and Valuation (Amendment) Act 2022.

(2) The Planning and Development Acts 2000 to 2021 and Part 2 of this Act may be cited together as the Planning and Development Acts 2000 to 2022 and they shall be construed together as one.

(3) The Maritime Area Planning Act 2021 and Part 3 may be cited together as the Maritime Area Planning Acts 2021 and 2022 and they shall be construed together as one.

(4) This Act, other than F1[ sections 4 to 7] of Part 2, and Part 4, shall come into operation on such day or days as the Minister for Housing, Local Government and Heritage may by order or orders appoint, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions.

PART 2 Amendment of Planning and Development Act 2000

2. Definitions - Part 2

2. In this Act—

“Board” means An Bord Pleanála;

“Minister” means the Minister for Housing, Local Government and Heritage;

“Principal Act” means the Planning and Development Act 2000.

3. Amendment of section 3A of Principal Act

3. Section 3A of the Principal Act is amended—

(a) by the insertion of the following subsections after subsection (1):

“(1A) A person shall not, during the relevant period, advertise or cause the advertisement of a relevant property for short term letting purposes, or enter into any arrangement in respect of a relevant property for short term letting purposes, unless the use of the relevant property for those purposes—

(a) is in accordance with a permission granted under Part III, or

(b) is exempted development for the purposes of this Act.

(1B) A person who contravenes subsection (1A) shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.

(1C) A person shall be deemed not to have contravened subsection (1A) in respect of a relevant property if the person produces proof, provided by a planning authority in accordance with regulations made under subsection (2), of the matters set out in paragraphs (a) or (b) of that subsection in respect of the relevant property.

(1D) The relevant period may, by order of the Minister made before the expiry of that period, be extended for such period (being a period not exceeding 6 months) as is specified in the order.

(1E) An order under subsection (1D) shall be made by the Minister where he or she is satisfied that it is necessary in order to address an acute shortage of rental accommodation (other than for short term letting purposes) in rent pressure zones.

(1F) An order under subsection (1D) shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.”,

(b) by the substitution of the following subsection for subsection (2):

“(2) For the purposes of this section, the Minister may make regulations—

(a) requiring such persons as are specified in the regulations to provide a planning authority with such information as may be specified and at such intervals as may be so specified in relation to short term lettings in the administrative area of the planning authority, and

(b) requiring a planning authority to provide to such persons as are specified in the regulations such proof of the matters set out in paragraph (a) or (b) of subsection (1A) in respect of a relevant property as may be specified in the regulations.”,

and

“ ‘relevant period’ means the period of 6 months commencing on the day following the commencement of section 3 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022;

‘relevant property’ means a house or part of a house that is not a principal private residence and is located in a rent pressure zone.”.

4. Amendment of section 7 of Principal Act

4. Section 7 of the Principal Act is amended in subsection (2)—

(a) in paragraph (a), by the deletion of “including for leave to apply for substitute consent”, and

(b) by the substitution of the following paragraph for paragraph (xa):

“(xa) particulars of any decision of the Board under section 177K, or direction served under section 177J or 177L,”.

5. Amendment of section 31 of Principal Act

5. Section 31 of the Principal Act is amended—

(a) in subsection (3), by the substitution of “section 31AM(8) or 31AO(7)” for “section 31AN(9) or 31AP(9)”,

(b) in subsection (4)(b), by the deletion of “, in the case of a plan,”,

(c) in subsection (8), by the substitution of “, the Minister and, where relevant, the regional assembly concerned” for “and the Minister”, and

(d) by the substitution of the following subsection for subsection (16):

“(16) Where paragraph (a) of section 31AN(4A), paragraph (a) or (c) of section 31AN(9), paragraph (a) of section 31AP(4A) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”.

6. Amendment of section 31AM of Principal Act

6. Section 31AM of the Principal Act is amended—

(a) in subsection (2)(b), by the substitution of “consistency of the development plan with the National Planning Framework” for “consistency with the development plan and the National Planning Framework”, and

(b) in subsection (5)(c), by the substitution of “of a development plan” for “in a development plan”.

7. Amendment of section 31AN of Principal Act

7. Section 31AN of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (2):

“(2) As soon as practicable after a statement has been prepared under subsection (1)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.”,

(b) by the substitution of the following subsection for subsection (4):

“(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report—

(a) recommend to the Minister that he or she issue the direction with or without minor amendments, or

(b) for stated reasons, where the Office is of the opinion that—

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

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

(iii) it is necessary for any other reason,

appoint a person to be an inspector.”,

“(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and—

(a) where the Minister agrees with the recommendation, the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or

(b) where the Minister does not so agree with the recommendation, then the Minister shall—

(i) prepare a statement in writing of his or her reasons for not agreeing,

(ii) cause that statement to be laid before each House of the Oireachtas, and

(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

(4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.”,

(d) in subsection (7)(a), by the insertion of “and the Cathaoirleach of the planning authority” after “the chief executive”,

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

“(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall—

(a) prepare a statement in writing of his or her reasons for not agreeing,

(b) cause that statement to be laid before each House of the Oireachtas, and

(c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

(9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.”,

(f) by the deletion of subsections (12), (13) and (15), and

(g) in subsection (16), by the substitution of “subsection (4A) or (9)” for “subsection (9)” in each place where it occurs.

8. Amendment of section 31AO of Principal Act

8. Section 31AO of the Principal Act is amended in subsection (7)(i) by the substitution of “as amended by the planning authority” for “as varied by the planning authority”.

9. Amendment of section 31AP of Principal Act

9. Section 31AP of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (4):

(a) recommend to the Minister that he or she issue the direction with or without minor amendments, or

(b) for stated reasons, where the Office is of the opinion that—

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

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

(iii) it is necessary for any other reason,

appoint a person to be an inspector.”,

(b) by the insertion of the following subsections after subsection (4):

“(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and—

(a) where the Minister agrees with the recommendation, then the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or

(b) where the Minister does not so agree with the recommendation, then the Minister shall—

(i) prepare a statement in writing of his or her reasons for not agreeing,

(ii) cause that statement to be laid before each House of the Oireachtas, and

(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

(c) in subsection (7)(a), by the insertion of “and the Cathaoirleach of the planning authority” after “the chief executive”,

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

“(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall—

(a) prepare a statement in writing of his or her reasons for not agreeing,

(b) cause that statement to be laid before each House of the Oireachtas, and

(c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.

(e) by the deletion of subsections (12), (13) and (15), and

(f) in subsection (16), by the substitution of “subsection (4A) or (9)” for “subsection (9)” in each place where it occurs.

10. Amendment of section 32B of Principal Act

10. Section 32B of the Principal Act is amended by the insertion of the following subsection after section 32B(5):

“(6) A request by a prospective LRD applicant under subsection (1) may include a request that the LRD meeting be treated as a meeting for the purposes of section 32I and such request shall comply with section 32H(2).”.

11. Opinion in relation to planning application

11. The Principal Act is amended by the insertion of the following sections after section 32G:

“Application for opinion under section 32I

32H. (1) A person who intends to apply for permission under section 34 (referred to in this section and section 32I as a ‘prospective applicant’) may, before making such an application (referred to in this section and section 32I as the ‘proposed application’), request a meeting for the purposes of section 32I with the planning authority or authorities in whose functional area or areas the proposed development would be situated.

(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—

(a) the name and address of the prospective applicant,

(b) a site location map sufficient to identify the land on which the proposed development would be situated,

(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,

(d) a draft layout plan of the proposed development,

(e) a description of—

(i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and

(ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,

(f) an undertaking to provide with the proposed application, either—

(i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,

(ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or

(iii) a combination of subparagraphs (i) and (ii),

(g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and

(h) such other information as may be prescribed.

(3) A planning authority that receives a request under subsection (1) or section 32B(1) may, prior to a meeting taking place under section 32I, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting in relation to a proposed development.

(4) Where a planning authority consults with a person under subsection (3), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

(5) Where a prospective applicant submits a request in accordance with subsection (1) or section 32B(1), the planning authority shall convene a meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.

(6) The following persons shall attend a meeting convened under subsection (5):

(a) the planning authority;

(b) the prospective applicant, one or more persons on his or her behalf, or both.

(7) The planning authority shall ensure that planning authority officials attending the meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.

(8) The planning authority shall keep a record in writing of any meeting convened under subsection (5), including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under subsection (11) or section 32I(7) and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

(9) A record kept by a planning authority under subsection (8) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.

(10) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (5), including—

(a) matters that are required to be considered at the meeting,

(b) matters that may be considered at the meeting, and

(11) Where, on the expiry of the period specified in subsection (5), the meeting has not taken place, the planning authority shall proceed to convene the meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the meeting did not take place in the specified period.

Opinion as to flexibility with regard to application for permission

32I. (1) The planning authority shall, within the period of 4 weeks beginning on the date on which the meeting convened under section 32H(5) takes place, consider—

(a) the information included in the request for the meeting under section 32H, and

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