Planning and Development Act 2024

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Planning and Development Act 2024.

(2) Part 25 shall be included in the collective citation the Residential Tenancies Acts 2004 to 2024.

(3) This Act shall, subject to subsection (4), come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed—

(a) for different purposes or provisions,

(b) for the repeal of different provisions of the Act of 2000 effected by section 6, and

(c) for the amendment of different provisions (including the amendment of different provisions for different purposes) of the enactments specified in Schedule 7 effected by section 631.

(4) Part 25 shall come into operation on the day immediately following the passing of this Act.

2. Definitions

2. In this Act—

“abstraction” has the meaning assigned to it by the Water Environment (Abstractions and Associated Impoundments) Act 2022;

“abstraction licence” means a licence under Part 5 of the Water Environment (Abstractions and Associated Impoundments) Act 2022;

“acquisition of a maritime site” has the meaning assigned to it by section 422;

“acquisition of land” has the meaning assigned to it by section 409 and includes, in sections 264, 591 and 622, and paragraph (a) of the definition of “public infrastructure and facilities” in subsection (1) of section 584, an acquisition of a maritime site (and, accordingly, references to “land” in sections 264, 591 and 622, and that paragraph (a), shall include references to “maritime site”);

“Act of 1933” means the Foreshore Act 1933;

“Act of 1963” means the Local Government (Planning and Development) Act 1963;

“Act of 1972” means the European Communities Act 1972;

“Act of 1990” means the Local Government (Planning and Development) Act 1990;

“Act of 2000” means the Planning and Development Act 2000;

“Act of 2001” means the Local Government Act 2001;

“Act of 2021” means the Maritime Area Planning Act 2021;

“advertisement” means—

(a) any word or letter,

(b) any balloon, inflatable structure or kite, or

(c) any model, poster, notice, device or representation,

employed for the purpose of advertising, the making of an announcement or the giving of direction;

“advertisement structure” means—

(a) any structure that is—

(i) a hoarding, scaffold, framework, pole, standard, device or sign (whether illuminated or not), and

(ii) used or intended for use for exhibiting advertisements,

or

(b) any attachment to a building or structure used for advertising purposes;

“agriculture” includes—

(a) horticulture,

(b) fruit growing,

(c) seed growing,

(d) dairy farming,

(e) the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land),

(f) the training of horses,

(g) the rearing of bloodstock, and

(h) the use of land—

(i) as grazing land, meadow land or osier land,

(ii) for market gardening, or

(iii) as nursery grounds;

“alteration” includes, in relation to a structure—

(a) plastering or painting,

(b) the removal of plaster or stucco, and

(c) the replacement of a door, window or roof,

that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures;

“appropriate assessment” means—

(a) in relation to a plan, an assessment carried out in accordance with section 205, and

(b) in relation to development or proposed development, an assessment carried out in accordance with section 217;

“approved housing body” has the meaning assigned to it by the Housing (Regulation of Approved Housing Bodies) Act 2019;

“approved local newspaper” means, in relation to the functional area of a planning authority—

(a) a publication (other than an online publication or online version of a publication) that—

(i) circulates in the functional area of the planning authority, and

(ii) is approved in a prescribed manner by the planning authority for the purposes of this Act,

or

(b) an online publication, or online version of a publication, approved in a prescribed manner by the planning authority for the purposes of this Act;

F1[“architectural conservation area”means—

(a) a place, area, group of structures or townscape to which an objective referred to insection 331applies, or

(b) an architectural conservation area (within the meaning of theAct of 2000) to which an objective in a development plan under theAct of 2000—

(i) that continues in force by virtue ofsection 68, or

(ii) prepared, or varied, in accordance withsection 69, applies;]

“area of special planning control” means—

(a) an architectural conservation area, or

(b) a part of an architectural conservation area,

to which a special planning control scheme applies;

“attendant grounds” includes, in relation to a structure, land outside the curtilage of the structure;

“Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009^1 on the conservation of wild birds;

“chief executive” means, subject to section 633, in relation to a local authority (including a local authority when performing the functions of a planning authority), the chief executive appointed under Chapter 2 of Part 14 (inserted by section 54 of the Local Government Reform Act 2014) of the Act of 2001;

“Chief Planning Commissioner” means the Chief Planning Commissioner of the Commission appointed under section 506 or 509;

“city” means—

(a) the administrative area of a city council (within the meaning of the Act of 2001), or

(b) a municipal district that includes an area that, by virtue of subsection (6) of section 10 of the Local Government Act 2001, may continue to be described as a city;

“climate change adaptation and mitigation” means the taking of measures to mitigate and manage the impact of climate change;

“coastal planning authority” has the meaning assigned to it by the Act of 2021;

“Commission” means An Coimisiún Pleanála;

“Commissioners” means the Commissioners of Public Works in Ireland;

“company” has the meaning assigned to it by the Companies Act 2014;

“coordinated area plan” has the meaning assigned to it by section 73;

“cost rental housing” means housing comprising cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021;

“Deputy Chief Planning Commissioner” means—

(a) the person who, by virtue of subsection (5) of section 495, continues in office for the time being as Deputy Chief Planning Commissioner of the Commission on and after the commencement of section 495, or

(b) the Deputy Chief Planning Commissioner of the Commission appointed under section 506 or 509,

as the case may be;

“development” means—

(a) the carrying out of works—

(i) on, in, over or under land, or

(ii) on, in, over or under the maritime area,

or

(b) the making of a material change in the use of—

(i) land or any structure on land, or

(ii) the sea, seabed or any structure, in the maritime area,

and includes the reclamation of land in the nearshore area;

“development plan” shall be construed in accordance with Chapter 5 of Part 3;

“development scheme” means a development scheme made or deemed to have been made under section 609;

“electronic form” means information that is generated, communicated, processed, sent, received, recorded, stored or displayed—

(a) by electronic means (including electrical, digital, magnetic, optical electro magnetic, biometric and photonic means), or

(b) by means of any other related technology,

and is capable of being used to make a legible copy or reproduction of that information, but does not include information communicated in the form of speech;

“enactment” means—

(a) an Act of the Oireachtas (or any provision thereof) for the time being in force,

(b) a statute (or any provision thereof) that continues to have full force and effect by virtue of Article 50 of the Constitution, or

(c) an order, regulation, rule or bye-law (or any provision thereof)—

(i) for the time being in force, and

(ii) made under an Act of the Oireachtas or any such statute;

“environmental impact assessment” means an assessment carried out in accordance with section 236;

“Environmental Impact Assessment Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011^2 on the assessment of the effects of certain public and private projects on the environment;

“environmental impact assessment report” means an environmental impact assessment report prepared and submitted under section 234;

“environmental report” means an environmental report prepared in accordance with Article 5 of the Strategic Environmental Assessment Directive;

“European site” means—

(a) a site that has been included in the list of sites of Community importance, as adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(b) a site—

(i) in respect of which the Minister has given notice under regulations under the Act of 1972 of its possible eligibility for identification as a site of Community importance pursuant to paragraph 1 of Article 4 of the Habitats Directive, and

(ii) that has not yet been adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(c) a site that has been—

(i) included in a list transmitted to the European Commission in accordance with paragraph 1 of Article 4 of the Habitats Directive, or

(ii) added to that list in accordance with Article 5 of the Habitats Directive,

but that has not yet been adopted by the European Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive,

(d) a site that is subject to a consultation procedure in accordance with paragraph 1 of Article 5 of the Habitats Directive,

(e) a site in relation to which a Council decision is pending in accordance with paragraph 3 of Article 5 of the Habitats Directive,

(f) a site that has been designated by the Minister as a special area of conservation for the purposes of paragraph 4 of Article 4 of the Habitats Directive,

(g) an area classified by the Minister for the purposes of paragraph 1 or 2 of Article 4 of the Birds Directive as a special protection area, or

(h) an area in respect of which the Minister has given notice pursuant to regulations under the Act of 1972 of his or her opinion that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive where there has been no public notification of the making of a decision by that Minister to classify or not to classify that area as a special protection area;

“European Union” has the meaning assigned to it by the Act of 1972;

“exempted development” means—

(a) development of a class prescribed under section 9, or

(b) development that is exempted development by virtue of section 152;

“exhibit” includes, in relation to an advertisement—

(a) affix,

(b) inscribe,

(c) print,

(d) paint,

(e) illuminate, and

(f) otherwise delineate;

“fence” includes a hoarding or similar structure but does not include a bank, wall or other similar structure composed wholly or mainly of earth or stone;

“foreshore” has the meaning assigned to it by the Act of 1933;

“functional area” means (except in Part 3)—

(a) in relation to a planning authority (other than a coastal planning authority), its administrative area for the purposes of the Act of 2001, and

(b) in relation to a planning authority that is a coastal planning authority, its administrative area for the purposes of the Act of 2001 and its nearshore area;

“Gaeltacht” means—

(a) a Gaeltacht area within the meaning of the Gaeltacht Act 2012, or

(b) a Gaeltacht Language Planning Area within such meaning;

“Governing Board” has the meaning assigned to it by section 497;

“habitable house” means—

(a) a house that is used as a dwelling,

(b) a house (other than a house that is, or forms part of, a derelict site within the meaning of the Derelict Sites Act 1990) that is not in use but was most recently used (disregarding any unauthorised use) as a dwelling, or

(c) a house that was provided for use as a dwelling but has not been occupied as a dwelling;

“Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992^3 on the conservation of natural habitats and of wild fauna and flora;

“house” means a building or part of a building that—

(a) is, or was most recently, occupied as a dwelling,

(b) was most recently provided for use as a dwelling but has not been occupied as a dwelling, or

(c) in the case of a building or part of a building containing more than one apartment, flat or other dwelling, each such apartment, flat or dwelling;

“housing development strategy” means a strategy prepared under section 46 or 47 and included in a development plan in accordance with paragraph (b) of subsection (1) of section 43;

“housing strategy” means a strategy prepared under section 242;

“industrial emissions licence” means a licence under Part IV of the Environmental Protection Agency Act 1992 for the carrying on of an industrial emissions directive activity (within the meaning of that Act);

“integrated pollution control licence” means a licence (other than an industrial emissions licence) under Part IV of the Environmental Protection Agency Act 1992;

“land” includes any structure and any land covered with water, but does not include the maritime area (other than reclaimed land) or any part of the maritime area (other than a part of the maritime area that is reclaimed land);

“land-based development” means—

(a) the carrying out of works on, in, over or under land, or

(b) the making of a material change in the use of land or any structure on land;

“landscape” has the meaning assigned to it by the European Landscape Convention done at Florence on 20 October 2000;

“local authority” has the meaning assigned to it by the Act of 2001;

“major accident” has the meaning assigned to it by the Seveso III Directive;

“major accident establishment” means—

(a) an existing establishment within the meaning of the Seveso III Directive, or

(b) a new establishment within the meaning of the Seveso III Directive;

“maritime area” has the meaning assigned to it by the Act of 2021;

“maritime area consent” has the meaning assigned to it by the Act of 2021;

“Maritime Area Regulatory Authority” has the meaning assigned to it by the Act of 2021;

“maritime development” means—

(a) the carrying out of any works on, in, over or under the maritime area, or

(b) the making of any material change in the use of the sea, seabed or any structure, in the maritime area,

and includes the reclamation of any land in the nearshore area;

“maritime site” means a part of the maritime area, and includes—

(a) the waters of that part of the maritime area,

(b) the seabed in that part of the maritime area, and

(c) all substrata beneath the seabed in that part of the maritime area;

“maritime spatial plan” has the meaning assigned to it by the Act of 2021;

“maritime spatial planning” means—

(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014^4 establishing a framework for maritime spatial planning, and

(b) land-sea interactions within the meaning of that Directive;

“mine” means an excavation or system of excavations made for the purpose of, or in connection with, the extraction, wholly or substantially by means involving the employment of persons below ground, of minerals (whether in their natural state or in solution or suspension) or products of minerals;

“minerals” includes stone, slate, clay, gravel, sand and other natural deposits but does not include peat;

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

“mortgage loan” means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house;

“municipal district” has the meaning assigned to it by section 22A (inserted by the Local Government Reform Act 2014) of the Local Government Act 2001;

“national climate objective” has the meaning assigned to it by the Climate Action and Low Carbon Development Act 2015;

“National Marine Planning Framework” has the meaning assigned to it by the Act of 2021;

“national newspaper” means—

(a) a publication (other than an online publication or online version of a publication) that—

(i) circulates generally in the State, and

(ii) is prescribed by the Minister for the purposes of this Act,

or

(b) an online publication, or online version of a publication, prescribed by the Minister for the purposes of this Act;

“National Planning Framework” means the National Planning Framework (including the first National Planning Framework in accordance with paragraph (b) of subsection (6) of section 21) for the time being in force under section 21;

“National Planning Policies and Measures” has the meaning assigned to it by paragraph (a) of subsection (1) of section 25, and includes any specific planning policy requirements referred to in subsection (1C) of section 28 of the Act of 2000 for the time being in force by virtue of subsection (1) of section 27;

“National Planning Policy Guidance” has the meaning assigned to it by paragraph (b) of subsection (1) of section 25;

“National Planning Statement” has the meaning assigned to it by subsection (1) of section 25;

“Natura 2000 network” shall be construed in accordance with paragraph 1 of Article 3 of the Habitats Directive;

“Natura impact report” means a report prepared for the purposes of Article 6 of the Habitats Directive setting out the implications of a plan, whether on its own or in combination with other plans or projects, for any European site on which the plan may have significant effects, having regard to the conservation objectives in relation to that site;