Legalize / Ireland / Act

PLANNING AND DEVELOPMENT ACT 2024

Type Act

Publication 2024-10-17

Last updated 2026-07-23

State In force

Text Latest available text

Source Irish Statute Book

PDF Download

articles 637

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

12 amending acts · 2026-07-23, DEVELOPMENT (STRATEGIC GAS RESERVE) ACT 2026

Reform history JSON API

An Act to consolidate and revise the law relating to planning and development; to provide for proper planning and sustainable development in the interests of the common good; to provide for the licensing of events and control of funfairs; for those purposes to repeal and replace the Planning and Development Act 2000 and amend certain other enactments; for purposes unrelated to the foregoing, to amend the Residential Tenancies Act 2004, the Residential Tenancies (Amendment) Act 2019, the Land Development Agency Act 2021 and the National Asset Management Agency Act 2009; ao provide for matters connected therewith.

[17th October, 2024]

Be it enacted by the Oireachtas as follows:

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

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,

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

“agriculture” includes—

(a) horticulture,

(b) fruit 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

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,

(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 in section 331 applies, or

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

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

(ii) prepared, or varied, in accordance with section 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 2009¹ 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,

(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

(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 2011² 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,

(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,

(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

“Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992³ 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

“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 2014⁴ 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,

(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;

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

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

“newspaper” means a national newspaper or an approved local newspaper;

“objectives of maritime spatial planning” means—

(a) those matters to which the State is required, in accordance with paragraph 1 of Article 5 of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014⁵ establishing a framework for maritime spatial planning, to give consideration when establishing and implementing maritime spatial planning,

(b) those matters to which the State is required, in accordance with paragraph 2 of the said Article 5, to aim to contribute through maritime spatial plans, and

(c) objectives that the State is, for the time being, seeking to pursue in accordance with the second sentence of the said paragraph 2;

“occupier” means—

(a) in relation to land, a person who—

(i) is in occupation of the land,

(ii) is entitled to the immediate use, enjoyment or control of the land, or

(iii) is in control of the land,

(b) in relation to a maritime site, a person who is the holder of—

(i) a maritime area consent granted for the occupation of the maritime site,

(ii) a lease under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site,

(iii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of development on, in, over, under or otherwise in relation to, the maritime site, or

(iv) a licence under Part 5 of the Act of 2021 granted for a Schedule 7 usage within the meaning of that Part,

(i) is entitled to the immediate use, enjoyment or control of the structure, or

(ii) is in control of the structure;

“ordinary planning commissioner” means—

(a) a person who, by virtue of subsection (5) of section 495, continues in office for the time being as an ordinary planning commissioner of the Commission on and after the commencement of section 495, or

(b) an ordinary planning commissioner of the Commission appointed under section 507 or 509;

“outer maritime area” means that part of the maritime area that is not within the nearshore area of any coastal planning authority;

“owner” means—

(a) in relation to land, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of the land or, where the land is not let at a rack rent, would be so entitled if it were so let,

(b) in relation to any part of the maritime area that does not vest in a Minister of the Government, a person, other than a mortgagee not in possession, who, whether in his or her own right or as trustee or agent for any other person, is entitled to receive the rack rent of that part or, where that part is not let at a rack rent, would be so entitled if it were so let, and

“permission” means—

(a) permission for development under Chapter 3 or 4 of Part 4,

(b) retention permission under Chapter 3 of Part 4,

(d) an alteration or extension of duration of a permission under Chapter 5 of Part 4;

“planning application” means an application for permission;

“planning authority” means a local authority;

“Planning Commissioners” shall be construed in accordance with section 505;

“Planning Regulator” means—

(a) the person who, immediately before the repeal of Part IIB of the Act of 2000, was the Planning Regulator, or

(b) where a person stands appointed to be the Planning Regulator under section 540, that person;

“planning scheme” means a scheme under section 593;

“prescribed” means (except in Chapter 2 of Part 9) prescribed by regulations made by the Minister and “prescribe” shall be construed accordingly;

“priority area plan” has the meaning assigned to it by section 72;

“proposed protected structure” means a structure specified in a notice under—

(a) subsection (4) of section 55 or subsection (2) of section 309, or

(b) subsection (3) of section 12 or subsection (1) of section 55 of the Act of 2000,

and includes—

(i) the interior of the structure,

(ii) the land lying within the curtilage of the structure,

(iii) any other structures, and their interiors, lying within that curtilage, and

(iv) any feature of the structure that is within the attendant grounds of the structure;

“protected structure” means a structure, or part of a structure, specified in a record of protected structures, and includes—

(a) the interior of the structure,

(b) the land lying within the curtilage of the structure,

(d) any feature of the structure that—

(i) is within the attendant grounds of the structure, and

(ii) is specified in a record of protected structures;

“protection” includes, in relation to a structure or part of a structure, conservation, preservation and improvement compatible with maintaining the character and interest of the structure or part;

“public body” means—

(a) a public authority within the meaning of the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters done at Aarhus, Denmark, on 25 June 1998, or

(b) such other body as may be prescribed;

“public place” means any street, road, seashore or other place to which the public have access whether as of right or by consent and whether subject to a charge or free of charge;

“public road” has the meaning assigned to it by the Roads Act 1993;

“record of protected structures” has the meaning assigned to it by section 306;

“regional assembly” means a body established in accordance with section 43 of the Local Government Act 1991;

“regional spatial and economic strategy” has the meaning assigned to it by section 28;

“register” has the meaning assigned to it by section 382;

“reserved function” has the meaning assigned to it by the Act of 2001;

“retention permission” means permission for retention of development that, immediately before the grant of such permission, was unauthorised development;

“retrospective consent” means retention permission for development in respect of which an appropriate assessment or an environmental impact assessment is required;

“road” has the meaning assigned to it by the Roads Act 1993;

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

“Seveso III Directive” means Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012⁶ on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC;

“share” means share in the share capital of a company, and includes stock;

“special planning control scheme” has the meaning assigned to it by subsection (8) of section 336;

“State authority” means, subject to subsection (8) of section 155—

(a) a Minister of the Government, or

(b) the Commissioners of Public Works in Ireland;

“statutory undertaker” means a person authorised under any enactment to—

(a) construct or operate a railway, canal, inland navigation, dock, harbour or airport,

(b) carry out works for the provision of water, gas, electricity, telecommunications or wastewater services, or cause such works to be carried out, or

“strategic development zone” means a site or sites to which a planning scheme under section 169 of the Act of 2000 applies;

“strategic environmental assessment” means an environmental assessment carried out in accordance with the Strategic Environmental Assessment Directive and the Strategic Environmental Regulations;

“Strategic Environmental Assessment Directive” means Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001⁷ on the assessment of the effects of certain plans and programmes on the environment;

“Strategic Environmental Assessment Regulations” means regulations for the time being in force made under any enactment (including section 20) giving effect or further effect to the Strategic Environmental Assessment Directive;

“structure” means—

(a) a building, edifice, construction, excavation, or other thing constructed or made on, in or under any land, or a maritime site, or any part thereof, or

(b) the land or maritime site on, in or under which such building, edifice, construction, excavation, other thing or part is situated;

“student accommodation” means a building or part thereof used, or intended to be used, for the sole purpose (subject to paragraph (b)) of providing residential accommodation to students during academic term times, 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 used, or intended to be used—

(a) as permanent residential accommodation, or

(b) as a hotel, hostel, apart-hotel or similar type accommodation other than for the purposes of providing residential accommodation to tourists or visitors outside of academic term times;

“town” means a municipal district that has a population greater than 2,000;

“Transboundary Convention” means the Convention on Environmental Impact Assessment in a Transboundary Context, done at Espoo (Finland) on 25 February 1991;

“Transboundary Convention state” means a state (other than the State) that is a contracting party to the Transboundary Convention;

“unauthorised development” means, in relation to land or a maritime site—

(a) unauthorised works (including the construction, erection or assembly of an unauthorised structure), or

(b) an unauthorised use;

“unauthorised structure” means a structure on, in, over or under land or a maritime site, other than—

(a) exempted development,

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or

(iv) a permission granted under Part 4,

(d) development required by—

(i) a notice under section 339,

(ii) an order under section 341,

(iii) an enforcement notice under section 350, or

(iv) a planning injunction under section 351,

(e) development carried out in accordance with—

(i) a licence under section 13, or

(ii) a licence under section 254 of the Act of 2000;

“unauthorised use” means, in relation to land or a maritime site, a use that is a material change in use of the land or maritime site, other than—

(a) exempted development, or

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or

(iv) a permission granted under Part 4,

(d) development required by—

(i) a notice under section 339,

(ii) an order under section 341,

(iii) an enforcement notice under section 350, or

(iv) a planning injunction under section 351,

(e) development carried out in accordance with—

(i) a licence under section 13, or

(ii) a licence under section 254 of the Act of 2000;

“unauthorised works” means any works on, in, over or under land or a maritime site, other than—

(a) exempted development,

(b) development carried out in accordance with—

(i) a permission granted under Part IV of the Act of 1963 or deemed to be so granted under section 92 of that Act,

(ii) a permission granted under section 34, 37G, 37N or 293 of the Act of 2000,

(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or

(iv) a permission granted under Part 4,

(d) development required by—

(i) a notice under section 339,

(ii) an order under section 341,

(iii) an enforcement notice under section 350, or

(iv) a planning injunction under section 351,

(e) development carried out in accordance with—

(i) a licence under section 13, or

(ii) a licence under section 254 of the Act of 2000;

“urban area plan” has the meaning assigned to it by subsection (1) of section 71;

“urban development zone” means a site to which an order under section 621 applies;

“use” does not include the carrying out of works;

“warning letter” means a letter served in accordance with section 349;

“waste licence” means a waste licence under Part V of the Waste Management Act 1996;

“waste water discharge licence” means a licence under the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007);

“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000⁸ establishing a framework for Community action in the field of water policy;

“works” includes an act or operation—

(a) of construction, excavation, demolition, extension, alteration, repair or renewal (including in relation to a protected structure, a proposed protected structure or a structure situated in an architectural conservation area), on, in, over or under land or a maritime site,

(b) consisting of the application of plaster, paint, wallpaper, tiles or other material to the surface of a protected structure or proposed protected structure or the removal of plaster, paint, wallpaper, tiles or other material from such surface, and

(c) consisting of the application of plaster, paint, wallpaper, tiles or other material to the exterior of a structure situated in an architectural conservation area or the removal of plaster, paint, wallpaper, tiles or other material from such exterior.

3. Construction of reference to act of institution of European Community or European Union

3. (1) For the purposes of this Act, a reference to an act adopted by an institution of the European Community or the European Union is a reference to that act as amended by any other act adopted by an institution of the European Community or European Union that has effect for the time being.

(2) For the purposes of subsection (1), an act adopted by an institution of the European Union amending an act referred to in that subsection does not have effect during the period beginning on the day on which the first-mentioned act was adopted and ending on the day immediately before the day by which the first-mentioned act is required to be transposed by the State.

4. Orders and regulations

4. (1) The Minister may by regulations provide for any matter referred to in this Act (other than Chapter 2 of Part 9) as prescribed or to be prescribed.

(2) Regulations under this Act (other than Chapter 2 of Part 9) may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) The Minister shall, before making regulations under this Act, consult with any State authority in which functions vest that he or she considers are connected with the matters to which the proposed regulations relate.

(4) Where regulations are proposed to be made under—

(a) subsection (6),

(b) subsection (1) of section 9, or

a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made unless and until a resolution approving the draft is passed by each such House.

(5) Every order (other than an order under subsection (3) of section 1) of the Minister and every regulation (other than a regulation referred to in subsection (4)) of the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) If, in any respect, any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may, by regulations, do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Act in so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision comes into operation.

5. Expenses

5. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

6. Repeal

6. The Act of 2000 is repealed.

PART 2 Concept of Development

7. Material change in use

7. For the purposes of this Act, material change in use of land or a maritime site includes—

(a) a change in the use of land or a maritime site, or any structure on land or a maritime site, to, or by the addition of, a use that consists of or includes the exhibition of advertisements,

(b) a change in the use of land or a maritime site to, or by the addition of, a use that consists of or includes the—

(i) placing or keeping of vans, tents or other objects (whether or not moveable and whether or not collapsible) for the purpose of caravanning, camping, habitation or selling goods or services,

(ii) storage of caravans or tents, or

(iii) deposit of vehicles (whether or not usable in accordance with the purpose for which they were constructed or most recently used), old metal, mining or industrial waste, builder’s waste, rubbish or debris,

(c) a change in use of a house or part of a house that was most recently used as a single dwelling to a use as 2 or more dwellings,

(d) a change in use of a house or part of a house situated in a rent pressure zone (within the meaning of section 8) to a use for short-term letting (within the meaning of section 8) purposes,

(e) in respect of premises used for retail purposes, a change in use from a prescribed retail purpose to another prescribed retail purpose,

(f) in respect of premises used for industrial purposes, a change in use from a prescribed industrial purpose to another prescribed industrial purpose, and

(g) such change of land or a maritime site from one use to another use as may be prescribed.

8. Short-term lettings

8. (1) In this section—

“rent pressure zone” means—

(a) any area standing prescribed for the time being under section 24A of the Residential Tenancies Act 2004, or

(b) an administrative area deemed to be a rent pressure zone under section 24B of that Act;

“short-term letting” means the letting of a house or part of a house for any period not exceeding 14 days, and includes a licence that permits the licensee to enter and reside in the house or part thereof for any such period in consideration of the making by any person (whether or not the licensee) of a payment or payments to the licensor.

(2) For the purposes of this section, the Minister may make regulations requiring such persons as are specified in the regulations to provide a planning authority with such information as may be so specified and at such intervals as may be so specified in relation to short-term lettings in the functional area of the planning authority.

(3) A person who contravenes a provision of regulations under this section that is described in the regulations as a penal provision shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine.

(4) This section shall not operate to abrogate or amend the law with regard to—

(a) lettings (including short-term lettings) outside a rent pressure zone, or

(b) lettings (other than short-term lettings) in a rent pressure zone.

9. Exempted development

9. (1) Subject to subsections (3), (4), (6) and (7) the Minister may by regulations provide that development belonging to any class of development (including development commenced on or after the coming into operation of this section that would, but for the repeal of section 4 of the Act of 2000, be exempted development within the meaning of that Act) prescribed by the regulations is exempted development for the purposes of this Act where—

(a) he or she is of the opinion that, by reason of the size, nature or limited effect on its surroundings, of development belonging to that class, the carrying out of such development would not offend against principles of proper planning and sustainable development or maritime spatial planning, or

(b) he or she is satisfied that—

(i) such development or development of such class is authorised or permitted, or required to be authorised or permitted, by or under any enactment in accordance with a licence, consent, approval or other type of authorisation or permission (howsoever described), and

(ii) consultation with members of the public in relation to such development or development of such class is, in accordance with any enactment, required before the development may be so authorised or permitted.

(2) Without prejudice to the generality of subsection (1), regulations under this section may provide that—

(a) development of such class as is specified in the regulations,

(b) development of such class as is specified in the regulations situated in such place or area as is so specified,

(c) development of such class as is specified in the regulations that is compliant with such conditions as are so specified,

(d) the change (whether for a definite period or an indefinite period) in use of land or a maritime site, or any structure on land or a maritime site, of such class as is specified in the regulations to such use as is so specified, or

(e) development of such class as is specified in the regulations carried out by such person, or persons belonging to such class, as is so specified,

is exempted development for the purposes of this Act.

(3) Development shall not be exempted development for the purposes of this Act if an environmental impact assessment or an appropriate assessment of the development is required.

(4) Development (other than development that is exempted development by virtue of subsection (1) or (2) of section 152) shall not be exempted development for the purposes of this Act if—

(a) in the case of a protected structure or a proposed protected structure, it materially affects or would materially affect the character of—

(i) the structure, or

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

(b) it is situated, or proposed to be situated, in an area of special planning control and it contravenes or would, if carried out, contravene a special planning control scheme applying to that area, or

(c) in the case of development carried out or proposed to be carried out to the exterior of a structure situated in an architectural conservation area, it materially affects or would, if carried out, materially affect the character of that area.

(5) Development shall not be exempted development for the purposes of this Act if it consists of any works to, or change in use of, an unauthorised development.

(6) Notwithstanding subsection (3), the Minister may make regulations prescribing development or any class of development, in respect of which an appropriate assessment or an environmental impact assessment is required, to be exempted development if—

(a) such development or development of such class is authorised or permitted, or required to be authorised or permitted, by or under any enactment (other than this Act) in accordance with a licence, consent, approval or other type of authorisation or permission (howsoever described), and

(b) in accordance with any such enactment, an appropriate assessment or an environmental impact assessment of that development or development of that class is required to be carried out before the development may be so authorised or permitted.

(7) Where the Minister proposes to make regulations under this section and considers that the proposed regulations are likely to affect the performance by a State authority of its functions, he or she shall, before making the regulations, consult with that State authority in relation to the proposed regulations.

(8) Development carried out or commenced before the commencement of this section that was exempted development for the purposes of the Act of 2000 shall be exempted development for the purposes of this Act.

(9) Development in accordance with a notice under subsection (1) of section 59, or subsection (2) of section 60, of the Act of 2000 commenced on or after the repeal of that section by section 6 shall be exempted development for the purposes of this Act.

(10) Development to which—

(a) a declaration under subsection (4) or (4A) of section 181B of the Act of 2000 applies, or

(b) a declaration under subparagraph (i) of paragraph (ba) of subsection (2A) of section 181 of the Act of 2000 applies,

shall be exempted development for the purposes of this Act.

10. Declaration on development, exempted development, etc.

10. (1) In this section—

“relevant act or operation” means—

(a) in relation to the making of a request by a person referred to in paragraph (a) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on land owned by that person,

(b) in relation to the making of a request by a person referred to in paragraph (b) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on the maritime site concerned,

(c) in relation to the making of a request by a person referred to in paragraph (c) or (d) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on land by that person with the consent of the owner of the land,

(d) in relation to the making of a request by a person referred to in paragraph (e) or (f) of the definition of “relevant person”, an act or operation carried out or proposed to be carried out on the land or maritime site concerned, or

(e) in relation to the making of a request by a statutory undertaker, an act or operation carried out or proposed to be carried out on land or a maritime site by or on behalf of that statutory undertaker;

“relevant change in use” means—

(a) in relation to the making of a request by a person referred to in paragraph (a) of the definition of “relevant person”, a change in use or proposed change in use of land owned by that person,

(b) in relation to the making of a request by a person referred to in paragraph (b) of the definition of “relevant person”, a change in use or proposed change in use of the maritime site concerned,

(c) in relation to the making of a request by a person referred to in paragraph (c) or (d) of the definition of “relevant person”, a change in use or proposed change in use of land by that person with the consent of the owner of the land, or

(d) in relation to the making of a request by a person referred to in paragraph (e) or (f) of the definition of “relevant person”, a change in use or proposed change in use of the land or maritime site concerned;

“relevant person” means—

(a) the owner of land,

(b) a person who, in accordance with subsection (2) of section 85, is eligible to make an application for permission for maritime development under Chapter 3 or 4 of Part 4,

(i) carries out or proposes to carry out an act or operation on the land, or

(ii) makes or proposes to make a change in use of the land,

with the consent of the owner of the land,

(d) a person (other than the person referred to in paragraph (c)) who—

(i) carries out or proposes to carry out an act or operation on the land, or

(ii) makes or proposes to make a change in use of the land,

with the consent of the owner of the land,

(e) a company within the meaning of the Companies Act 2014—

(i) formed and registered not later than one year before the making of the request concerned,

(ii) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the request concerned,

(iii) that has pursued those objects for a period of not less than one year before the making of the request concerned,

(iv) that has not fewer than 10 members at the time of the making of the request concerned, and

(v) that has passed a resolution—

(I) in accordance with the constitution of the company, and

(II) before the making of the request concerned,

authorising the company to make the request,

(f) a prescribed person.

(2)
(a) Upon the payment of the prescribed fee, a relevant person or a statutory undertaker may, in relation to a relevant act or operation wholly outside the outer maritime area, make a request in writing to the planning authority within whose functional area the relevant act or operation is, or is proposed to be, carried out for a declaration on the question of—

(i) whether or not that act or operation constitutes or would constitute development, and

(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development.

(b) Upon the payment of the prescribed fee, a relevant person may, in relation to a relevant change in use (wholly outside the outer maritime area), make a request in writing to the planning authority within whose functional area the relevant change in use is, or is proposed to be, made for a declaration on the question of—

(i) whether or not that change in use constitutes or would constitute development, and

(ii) if it does or would constitute development, whether or not it constitutes or would constitute exempted development.

(c) Upon the payment of the prescribed fee, a person who carries out or proposes to carry out development in accordance with a permission for such development granted under this Act or the Act of 2000 may, in relation to development (wholly outside the outer maritime area), make a request in writing to the planning authority within whose functional area the development is, or is proposed to be, situated for a declaration on any question relating to—

(i) the meaning or scope of the permission, or

(ii) any condition to which the permission is subject.

(3)
(a) A request under subsection (2) shall be accompanied by all such information and documentation as is necessary to enable the planning authority to perform its functions under this section in relation to the request.

(b) For the purposes of the performance of its functions under this section, a planning authority may, by notice in writing, require a person who makes a request under subsection (2) to provide the planning authority with such further information and documentation as it may specify not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(c) A planning authority may, for the purpose of the performance of its functions under this section, request a person (other than the person who made the request under subsection (2)) by notice in writing to provide the planning authority with such information and documentation as is specified in the notice not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(4) Where a relevant person requests a declaration under subsection (2) in respect of land or a maritime site and the relevant person is not the owner of that land or maritime site, that relevant person shall, when making the request, notify the owner of the land or maritime site, as the case may be, in writing of the making of the request.

(5) A planning authority shall, when making a declaration under this section, have regard to the declarations contained in the copies of the records forwarded to it in accordance with paragraph (d) of subsection (10).

(6) A planning authority shall, not later than the period of—

(a) 8 weeks from its receiving a request under subsection (2), or

(b) 3 weeks from the expiration of the period or periods specified in a notice or notices under paragraph (b) or (c) of subsection (3),

whichever occurs later, decide whether or not it has sufficient information to enable it to make a declaration under this section and, if it decides that it does have such sufficient information, it shall, within that period, make a declaration in relation to the request concerned and forward the declaration and the main reasons and considerations on which it is based—

(i) to the person who made that request, and

(ii) where that person is not the owner or occupier of land to which the request relates, to such owner or occupier.

(7) Where a planning authority decides under subsection (6) that it does not have sufficient information to make a declaration under this section—

(a) it shall, by notice in writing, inform the person who made the request under subsection (2), and

(b) the request shall be deemed to have been withdrawn on the date specified in that notice.

(8)
(a) A person (in this subsection referred to as the “appellant”) to whom a declaration has been forwarded in accordance with subsection (6) may, not later than 4 weeks from the date of the declaration and on payment to the Commission of such fee as may be approved under section 381, appeal the declaration to the Commission.

(b) An appellant may withdraw an appeal under this subsection before the appeal is determined by the Commission.

(c) Subject to paragraphs (d), (e), (f), (g) and (h), this section shall apply to the Commission in relation to an appeal as it applies to a planning authority in relation to a request under subsection (2), and for the purposes of such appeal—

(i) references in that subsection to a request under that subsection shall be construed as references to an appeal under this section,

(ii) references in this section to a person who made such a request shall be construed as references to the appellant, and

(iii) references in this section to the planning authority shall be construed as references to the Commission,

and a declaration of the Commission, or a decision of the Commission under subsection (6) that it does not have sufficient information to make a declaration under this section, in relation to an appeal under this section shall operate to annul the declaration of the planning authority from which the appeal was brought.

(d) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, require the appellant to provide it with such information and documentation as is specified in the notice within such period (which shall not be later than 2 weeks from the date of the service of the notice) as is so specified.

(e) Notwithstanding the failure of the appellant to comply with a requirement in a notice under paragraph (d), the Commission may give a declaration in relation to the request concerned under subsection (2) where it is satisfied that it has sufficient information in relation to the matter to enable it to do so.

(f) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, request a person (other than the person who made the request under subsection (2)) to provide it with such information and documentation as is specified in the notice not later than 2 weeks from the date of the notice.

(g) Notwithstanding the failure of a person to whom a notice has been given under paragraph (f) to accede to the request in the notice, the Commission may make a declaration in relation to the request concerned under subsection (2) where it is satisfied that it has sufficient information in relation to the matter to enable it to do so.

(h) The Commission shall determine an appeal under this section within the period specified under section 361.

(9) Particulars of every declaration under this section of a planning authority or the Commission in relation to a request under subsection (2) shall be entered in the register.

(10)
(a) In this subsection—

“decision” means—

(i) in relation to the consideration by a planning authority of a request under subsection (2), the declaration made by the planning authority in relation to that request, and

(ii) in relation to the consideration by the Commission of an appeal under this section—

(I) a decision to dismiss the appeal, or

(II) a declaration under this section;

“relevant documents” means a copy of the question set out in the request under subsection (2) and any information, particulars, evidence, written study or further information received or obtained from—

(i) the person who made the request under that subsection or the person who brought the appeal under subsection (8), as the case may be,

(ii) any other person,

(iii) a copy of any report prepared by or on behalf of the planning authority or the Commission, as may be appropriate, in relation to the request or appeal, or

(iv) a copy of the decision.

(b) The Commission shall keep a record of each appeal under this section, including the main reasons and considerations on which the declaration made in such appeal is based.

(c) Where the planning authority or the Commission makes a decision it shall, not later than 5 working days thereafter, cause the relevant documents to—

(i) be published on its internet website, and

(ii) be made available for inspection and purchase by members of the public during normal office hours at its offices during such period (which shall not be less than 8 weeks from the date of the making of the decision) as it considers appropriate.

(d) The Commission shall, from time to time and at least once a year, forward to each planning authority a copy of all records to which paragraph (b) applies made since—

(i) the commencement of this section, or

(ii) the most recent compliance by the Commission with this paragraph,

as may be appropriate.

(e) The Commission shall give a copy of a record to which paragraph (b) applies to the planning authority in relation to whose functional area the appeal concerned relates.

(11)
(a) A planning authority shall, in the case of a declaration made upon a request under paragraph (a) or (b) of subsection (2) that the act, operation or change in use or proposed act, operation or change in use concerned constitutes or would constitute development, state—

(i) whether or not the development or proposed development is likely to have significant effects on the environment (including by virtue of its nature, size and location) and requires the carrying out of an environmental impact assessment, and

(ii) whether or not the development or proposed development, either individually or in combination with any plan or project (within the meaning of the Habitats Directive), is likely to have significant effects on a European site and requires the carrying out of an appropriate assessment.

(b) The Commission shall, in the case of a declaration made on an appeal under subsection (8) that the act, operation or change in use or proposed act, operation or change in use concerned constitutes or would constitute development, state—

(i) whether or not the development or proposed development is likely to have significant effects on the environment (including by virtue of its nature, size and location) and requires the carrying out of an environmental impact assessment, and

(ii) whether or not the development or proposed development, either individually or in combination with any plan or project (within the meaning of the Habitats Directive), is likely to have significant effects on a European site and requires the carrying out of an appropriate assessment.

(12) A person is not entitled to make a request under subsection (2) for a declaration in relation to a question that is, in substance, the same as a question in respect of which the planning authority or the Commission has already made a declaration (“first declaration”), unless there has been a material change in circumstances since the making of the first declaration.

(13) The Minister may prescribe additional, consequential or supplementary matters as regards procedures in respect of a request under subsection (2) or an appeal under subsection (8), including matters relating to—

(a) the submission of information to the planning authority or the Commission for those purposes,

(b) notifications to persons concerned with the declaration or decision, as the case may be, referred to in that subsection, or

(c) steps to be taken (including matters to which regard shall be had) in the course of the making of such declaration or decision.

(14)
(a) The Minister may apply to the Commission under this subsection, without charge, for a declaration as to whether an activity requiring his or her consent—

(i) pursuant to a notification under paragraph (2) of regulation 4 of the European Communities (Natural Habitats) Regulations 1997 (S.I. No. 94 of 1997),

(ii) pursuant to a direction under paragraph (1) of regulation 28 or paragraph (1) of regulation 29 of the European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011),

(iii) under any enactment—

(I) designating a site as a special area of conservation for the purposes of paragraph 4 of Article 4 of the Habitats Directive, or

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.