PLANNING AND DEVELOPMENT ACT 2024

• (3) A person assigned in accordance with subsection (1) shall make a written report on the matter to the Commission, which shall include a recommendation in relation to the matter, and the Commission shall consider the report and recommendation before determining the matter.

• (4) Where a decision by the Commission in relation to an appeal, application, referral or request is different from a recommendation in a report referred to in subsection (3) that relates to the appeal, application, referral or request, the Commission shall indicate its main reasons for not accepting the recommendation.

• (5) In this section “application” includes a submission of a scheme for approval under section 49 of the Roads Act 1993, an application for approval under section 51 of the Roads Act 1993 and an application for a railway order under section 37 of the Transport (Railway Infrastructure) Act 2001.

377. Regulations regarding appeals, applications, referrals or requests

377. (1) The Minister may by regulation provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of appeals, applications, referrals or requests (or classes of them) as appear to the Minister to be necessary or expedient.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may:

• (a) make provision for the making of appeals, applications, referrals or requests, or classes of them, to the Commission by electronic means;

• (b) make different provision with respect to appeals, applications, referrals or requests in relation to development by the Central Bank of Ireland where the disclosure of information in relation to the development might prejudice the security, externally or internally, of the development or the land concerned, or facilitate any unauthorised access to or from the land by any person, and such regulations may make provision modifying the operation of section 367 or Chapter 3 in relation to such appeals, applications, referrals or requests.

378. Rules

378. (1) Subject to this Act and any regulations or order made under it, the Commission, with the approval of the Minister, may prepare and publish rules with regard to the procedures that a person making, or making submissions in relation to, an appeal, application, referral or request must comply with, and such a person shall comply with such rules.

• (2) Where provision is made under section 377 for the making of an appeal, application, referral or request to the Commission by electronic means, rules may, subject to such provision, be prepared and published under subsection (1) in relation to the consideration and determination of the appeal, application, referral or request by electronic means.

379. Question of law

379. Where a question of law arises on an appeal, application, referral or request the Commission may, on notice to the parties to the appeal, application, referral or request, refer the question to the High Court for decision.

380. Commission to have regard to certain policies and objectives

380. (1) The Commission shall, in performing its functions in relation to an appeal, application, referral or request, have regard to the following matters, in addition to any other matters it is required to have regard to under this Act or any other enactment:

• (a) the policies and objectives for the time being of the Government, State authorities, the Minister, planning authorities and any public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural;

• (b) the national interest and any effect the performance of the Commission’s functions may have on issues of strategic economic or social importance to the State;

• (c) the National Planning Framework and any regional spatial and economic strategy for the time being in force;

• (d) any National Planning Statement for the time being in force.

• (2) In this section “public authority” means a body established by or under statute which is for the time being prescribed to be a public authority for the purposes of this section.

381. Fees payable to Commission

381. (1) The Commission may determine fees that may be charged, subject to the approval of the Minister, in relation to—

• (a) the making of an appeal, application, referral or request,

• (b) any function of the Commission under this Act or any other enactment, and

• (c) any procedure arising in connection with an appeal, application, referral or request, or function of the Commission, including the making of submissions, the lodging of reports or other documents, consultations, meetings or other procedures,

and a fee as so determined shall be payable to the Commission by any person concerned as appropriate.

• (2) The Commission may, subject to the approval of the Minister, provide for the payment of different fees in relation to different classes or descriptions of matters referred to in paragraphs (a) to (c) of subsection (1), for exemption from the payment of such fees in specified circumstances and for the waiver, remission or refund in whole or in part of such fees in specified circumstances.

• (3) The Commission shall review the fees determined under subsection (1) from time to time, but at least every three years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review without the Minister’s approval under subsection (1).

• (4) Where the Commission determines or amends fees in accordance with this section, it shall—

• (a) give notice of the fees in one or more than one national newspaper not less than 8 weeks before the fees come into effect, and

• (b) make a statement of the fees available for inspection at the offices of the Commission and publish the statement of the fees on the Commission’s website.

• (5) The Commission shall specify fees for the making of copies of any document required to be made available by it to the public, which shall not exceed the cost of making the copies.

• (6) For the purposes of this section, “change in the consumer price index” means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the determination under this section and the said Number last published before the date of the review under subsection (3), expressed as a percentage of the last-mentioned Number.

Chapter 3 Planning Register and Records

382. Planning register

382. (1) Each planning authority and the Maritime Area Regulatory Authority shall maintain a register (in this Act referred to as the “register”)—

• (a) in the case of a planning authority, in respect of all land within its functional area, and

• (b) in the case of the Maritime Area Regulatory Authority, in respect of the maritime area,

in which it shall enter particulars of a matter required to be entered in the register under this Act (in this section referred to as a “registrable matter”).

• (2) Where a registrable matter relates to both land and the maritime area, particulars of the registrable matter—

• (a) shall be entered in the register by the planning authority if it relates primarily to land within its functional area,

• (b) shall be entered in the register by the Maritime Area Regulatory Authority if it relates primarily to the maritime area, and

• (c) notwithstanding paragraphs (a) and (b), may be entered in the register by the Maritime Area Regulatory Authority and the planning authority.

• (3) The Minister may prescribe a matter to be a registerable matter and the particulars of any registrable matter that shall be entered in the register.

• (4) The register shall incorporate a map to enable a person to trace any entry in the register.

• (5) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall keep the information in the register, including the map, in a form in which it is capable of being used to make a legible copy or reproduction of any entry in the register.

• (6) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall make entries and corrections to the register within 5 working days of—

• (a) the receipt by it of a document putting it on notice of the registrable matter, or

• (b) where the registerable matter arises from the performance of a function by the planning authority or the Maritime Area Regulatory Authority, the performance by it of the function.

• (7) Where a registrable matter arises from the performance of a function by the Commission, the Commission shall, as soon as practicable after the performance of the function, give to the planning authority or the Maritime Area Regulatory Authority, as the case may be, the information necessary to enable the planning authority or the Maritime Area Regulatory Authority to perform its functions under this section.

• (8) A failure by a planning authority or the Maritime Area Regulatory Authority to enter particulars of a registrable matter in the register shall not affect the validity of a decision made or act done by the planning authority, the Maritime Area Regulatory Authority, or the Commission.

• (9) A planning authority and the Maritime Area Regulatory Authority shall make the register available in accordance with section 384.

• (10) The maintenance, on and after the repeal of section 7 of the Act of 2000 effected by section 6, by a planning authority of the register kept by that planning authority under the said section 7 shall constitute compliance by that planning authority with subsection (1) of this section, and a reference in this Act to the register shall, in so far as the reference relates to a planning authority, be construed accordingly.

• (11) Any information that, but for the repeal of section 7 of the Act of 2000 effected by section 6, would have been required to be entered in the register kept by a planning authority under that section shall be entered in the register by that planning authority.

383. Documents to be made available by planning authority and Maritime Area Regulatory Authority

383. (1) A planning authority shall make copies of—

• (a) a document or information referred to in subsection (4) that arises from a matter referred to in that subsection that relates primarily to land, and

• (b) a document or information it receives from the Commission under paragraph (a) of subsection (1) of section 385,

available in accordance with section 384, within 3 working days of—

• (i) in the case of paragraph (a), the conclusion of the matter from which the document or information arises, or

• (ii) in the case of paragraph (b), the receipt by the planning authority of the document or information.

• (2) Where a matter referred to in subsection (4) relates primarily to a maritime site, the planning authority concerned shall, as soon as practicable after the conclusion of the matter, give copies of the documents and information referred to in that subsection to the Maritime Area Regulatory Authority.

• (3) The Maritime Area Regulatory Authority shall make copies of the documents or information that it receives under subsection (2) or under paragraph (b) of subsection (1) of section 385 available in accordance with section 384, as soon as practicable after its receipt of the documents or information.

• (4) The documents or information referred to in subsections (1) and (2) are—

• (a) in respect of an application for permission under Chapter 3 of Part 4, or a request for an alteration or extension of a permission under Chapter 5 of that Part where the planning authority is the deciding authority in relation to that request—

• (i) the application or request and any particulars, evidence, environmental impact assessment report, Natura impact statement, other written study, screening determination under section 231, scoping opinion under section 233, or further document or information received by the planning authority from the applicant or person making the request in accordance with this Act or regulations made under it,

• (ii) any submissions in relation to the application or request received by the planning authority,

• (iii) any report prepared by or for the planning authority in relation to the application or request,

• (iv) the decision of the planning authority in respect of the application or request, and

• (v) any documents relating to a point of detail referred to in subsection (9) of section 87,

• (b) in respect of development subject to confirmation within the meaning of Chapter 6 of Part 4—

• (i) the notice of the proposed development as published under subsection (1) of section 158 (including such information as may be prescribed under paragraph (b) of subsection (1) of section 158),

• (ii) any submission made under subsection (4) of section 158,

• (iii) the report of the chief executive under section 159, and

• (iv) the resolution of the members of the local authority under subsection (3) of section 159, including any plans and particulars showing any variation or modification of the proposed development,

• (c) in respect of a request for a declaration under section 310, 333 or 338—

• (i) the request and any particulars, evidence, written study or further document or information received or obtained by the planning authority from the applicant in accordance with this Act or regulations made under it,

• (ii) any report prepared by or for the planning authority in relation to the request, and

• (iii) the decision of the planning authority in respect of the request,

and

• (d) such additional documents or information in relation to the matters listed in paragraphs (a) to (c), or any other matter arising under this Act, as may be prescribed.

384. Manner of making available of register, documents and information by planning authority and Maritime Area Regulatory Authority

384. (1) A planning authority shall—

• (a) make the register, and the documents or information referred to in subsection (1) of section 383 available for inspection by members of the public at its offices during office hours,

• (b) permit a member of the public to purchase copies of entries in the register, or of such documents or information, at its offices, or at such other place as it may determine, on payment to it of a fee not exceeding the reasonable cost of making the copy, and

• (c) subject to subsection (3), where it is so prescribed, publish all or any part of the register or such documents or information on a website maintained by or on behalf of the planning authority, or by other electronic means.

• (2) Subsection (1) shall apply to the Maritime Area Regulatory Authority subject to the modification that references in subsection (1) to the documents or information referred to in subsection (1) of section 383 shall be construed as references to the documents or information referred to in subsection (3) of section 383.

• (3) Where an application or request referred to in subsection (4) of section 383 or a matter falling to be decided by the Commission referred to in subsection (1) of section 385 is accompanied by an environmental impact assessment report or a Natura impact statement, the documents or information referred to in subsection (1) or (3) of section 383 relating to that application, request or matter shall be published on a website maintained by or on behalf of the planning authority, or the Maritime Area Regulatory Authority, as the case may be.

• (4) The Minister may prescribe additional—

• (a) means by which inspection of the register, or documents or information referred to in subsection (1) or (3) of section 383, by the public may occur, or

• (b) requirements a person must comply with in order to inspect the register, or documents or information referred to in subsection (1) or (3) of section 383.

• (5) A planning authority or the Maritime Area Regulatory Authority may determine that the disclosure of a telephone number, or other contact information or personal data, contained in a document required to be made available under this section serves no legitimate purpose and may in such a case redact or otherwise remove the number or other information or data from the document before making it available.

• (6) The Minister may, in the interests of protecting commercial sensitivity, the privacy, reputation or personal safety of an individual, the administration of justice, or the security of the State, prescribe additional—

• (a) restrictions upon access to information or classes of information in the register or in documents referred to in subsection (1) or (3) of section 383, or

• (b) circumstances in which a planning authority or the Maritime Area Regulatory Authority may restrict access to the register or documents or information referred to in subsection (1) or (3) of section 383.

• (7) Where particulars of a document or information arising from the exercise of its functions are entered in the register, the planning authority or the Maritime Area Regulatory Authority, as the case may be, shall retain the document or information for not less than 12 years from the creation or receipt by it of the document or information.

• (8) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall make a document or information required to be retained by it under subsection (7) (other than such documents as may be prescribed) available for inspection, at its offices during office hours, by—

• (a) the owner or occupier of the land or maritime site to which the documents or information relate, or

• (b) a person acting on the authority of such owner or occupier.

• (9) Copies of the documents or information referred to in subsection (8), and of extracts from such documents or information, shall be made available for purchase at the offices of the planning authority or the Maritime Area Regulatory Authority, as the case may be, or at such other places as it may determine, by the persons referred to in that subsection on payment to the planning authority or the Maritime Area Regulatory Authority, as the case may be, of a fee not exceeding the reasonable cost of making the copy.

• (10) Subsection (8) is without prejudice to the Freedom of Information Act 2014, the European Communities (Access to Information on the Environment) Regulations 2007 to 2014, and the European Communities (Access to Information on the Environment) (Amendment) Regulations 2018 (S.I. No. 309 of 2018).

385. Making available of documents by Commission

385. (1) The Commission shall, within 3 working days of the making of a decision on any matter falling to be decided by it in the performance of its functions under this Act or any other enactment, give copies of the documents and information relating to that matter—

• (a) where the matter relates primarily to land, to the planning authority in whose functional area the land is situated, or

• (b) where the matter relates primarily to a maritime site, to the Maritime Area Regulatory Authority.

• (2) The Commission shall publish on a website maintained by it or on its behalf copies of—

• (a) every decision of the Commission on an appeal, application, referral or request, and

• (b) every report of a person assigned under section 376 to make a report in relation to an appeal, application, referral or request.

• (3) The Commission shall retain all documents and information arising from the exercise of any of its functions for not less than 12 years from the date of the creation or receipt of the document or information by the Commission.

• (4) The Commission shall make the documents and information referred to in subsection (3), other than such documents as may be prescribed, available for inspection, at the offices of the Commission during office hours, by—

• (a) the owner or occupier of the land or maritime site to which the documents or information relate, or

• (b) a person acting on the authority of such owner or occupier.

• (5) Copies of the documents or information made available under subsection (4), and of extracts from such documents or information, shall be made available for purchase at the offices of the Commission, or such other place as the Commission may determine, by persons referred to in that subsection on payment to the Commission of a fee not exceeding the reasonable cost of making the copy.

• (6) Subsection (5) is without prejudice to the Freedom of Information Act 2014, the European Communities (Access to Information on the Environment) Regulations 2007 to 2014, and the European Communities (Access to Information on the Environment) (Amendment) Regulations 2018 (S.I. No. 309 of 2018).

• (7) In subsection (2) “application” includes a submission of a scheme for approval under section 49 of the Roads Act 1993, an application for approval under section 51 of the Roads Act 1993, and an application for a railway order under section 37 of the Transport (Railway Infrastructure) Act 2001.

386. Information to be retained in electronic form

386. (1) A document or information that a planning authority or the Commission is required or permitted to retain or to produce, whether for a particular period or otherwise, and whether in its original form or otherwise, may be so retained or produced in electronic form.

• (2) Subsection (1) is without prejudice to any other law requiring or permitting documents or other information to be retained or produced in accordance with specified procedural requirements or particular information technology.

• (3) The Minister may make regulations providing for, or requiring the use of, particular information technology or other procedural requirements in relation to the retention or production of documents or other information in electronic form.

• (4) Without prejudice to the generality of subsection (3), regulations under that subsection may apply to a particular class of documents or other information, or for a particular period.

387. Proof of register and documents

387. (1) Every document purporting to be a copy of an entry in the register or a document referred to in section 383 or 385 and purporting to be certified by a member of staff of the planning authority, the Maritime Area Regulatory Authority or the Commission, as the case may be, to be a true copy of the entry or document shall, without proof of the signature of the person purporting so to certify, or that he or she was such a member of staff, be received in evidence in any legal proceedings and shall, until the contrary is proved, be deemed to be a true copy of the entry or document and to be evidence of the terms of the entry or document.

• (2) Evidence of an entry in the register may be given by production of a copy thereof certified under this section and it shall not be necessary to produce the register itself.

388. Information sharing

388. (1) Subject to subsection (2), a planning authority, the Commission or the Office of the Planning Regulator may disclose information (including personal data) to a public body, in so far as the disclosure is necessary and proportionate for the performance by the planning authority, the Commission, the Office of the Planning Regulator, or any public body to which the information is disclosed, of its functions under this Act or any other enactment.

• (2) For the purposes of subsection (1), the Minister may prescribe—

• (a) such information (including personal data) as may be disclosed,

• (b) the purposes for which the information may be disclosed, including specifying the public bodies to whom the information may be disclosed, and

• (c) such conditions as the Minister considers appropriate to impose on such disclosure of such information.

• (3) In this section—

“personal data” has the meaning it has in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016²¹;

“public body” has the meaning it has in section 10 of the Data Sharing and Governance Act 2019 and shall also include—

• (a) the Commission,

• (b) the Office of the Planning Regulator, and

• (c) a planning authority.

Chapter 4 Miscellaneous Powers and Procedures

389. Interpretation

389. (1) In this Chapter—

“appropriate authority” means—

• (a) a planning authority, including a planning authority designated as a regional enforcement authority under section 356,

• (b) the Commission, or

• (c) the Minister;

“authorised person” means a Planning Commissioner, and a person who is appointed by a planning authority, the Commission, or the Maritime Area Regulatory Authority under section 393 to be an authorised person.

• (2) References in this Chapter—

• (a) to a planning authority shall be construed as including a planning authority designated as a regional enforcement authority under section 356, and

• (b) to the functional area of a planning authority shall be construed as including references to the designated region of a regional enforcement authority (within the meaning of Part 11).

390. Consultants and advisers

390. (1) The Commission, the Minister, the Office of the Planning Regulator or a regional assembly may engage such consultants or advisers as it considers necessary, on such terms and conditions as it considers appropriate, for the performance of its functions.

• (2) Any fees due to a consultant or adviser appointed under this section shall be paid by the Commission, the Minister, the Office of the Planning Regulator or the regional assembly, as the case may be, out of moneys at its disposal.

391. Power of examination, investigation and survey

391. An appropriate authority, the Office of the Planning Regulator, and the Maritime Area Regulatory Authority shall each have all such powers of examination, investigation and survey as may be necessary for the performance of its functions.

392. Obligation to give information to planning authority, Commission or Maritime Area Regulatory Authority

392. (1) A planning authority, the Commission or the Maritime Area Regulatory Authority may, for any purpose arising in relation to its functions under this Act or any other enactment, serve notice in writing on—

• (a) in the case of the planning authority or the Commission, any person the planning authority or the Commission reasonably believes to have any legal or beneficial estate, right or interest in, or to be occupying, any land or structure on the land, or

• (b) in the case of the Maritime Area Regulatory Authority, any person the Maritime Area Regulatory Authority reasonably believes to have any legal or beneficial estate, right or interest in, or to be occupying, any maritime site or structure in the maritime site,

requiring him or her to state in writing to the planning authority, the Commission or the Maritime Area Regulatory Authority, as the case may be, (other than in so far as it would tend to incriminate him or her), within a specified period (which shall be not less than 2 weeks from the date of the notice), whether he or she holds any legal or beneficial estate, right or interest in, or occupies, the land, maritime site or structure, and where he or she does so, particulars of the estate, right, interest, or occupancy and the name and address (so far as they are known to him or her) of every other person who to his or her knowledge has any legal or beneficial estate, right or interest in, or in respect of, or occupies, the land, maritime site or structure.

• (2) A person who is required under this section to state in writing any matter to a planning authority, the Commission or the Maritime Area Regulatory Authority, and fails so to state the matter within the time specified under this section or, when so stating any such matter, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence.

• (3) A notice issued under section 8 of the Act of 2000 and not complied with before the repeal of that section by section 6, shall be treated as if it were a notice under this section except where proceedings for an offence under subsection (2) of the said section 8 in relation to the notice were initiated before such repeal.

393. Appointment of authorised person

393. (1) A planning authority, the Commission or the Maritime Area Regulatory Authority (without prejudice to section 137 of the Act of 2021) may appoint a person to be an authorised person for the purposes of section 394, and a planning authority or the Maritime Area Regulatory Authority may appoint a person to be an authorised person for the purposes of section 395, on such terms and conditions as it considers appropriate.

• (2) An authorised person shall be furnished with a certificate of his or her appointment and, when exercising any power conferred on him or her by or under this Act, the authorised person shall, if requested by any person affected, produce the certificate or a copy of it, along with a form of personal identification, to that person.

• (3) An appointment under subsection (1) may be revoked by the body that made the appointment.

• (4) Subject to subsection (5), a person who immediately before the commencement of this section stood appointed to be an authorised person under section 252 of the Act of 2000 shall, on and after that date, be considered to be an authorised person appointed under this section.

• (5) A person referred to in subsection (4) shall stand appointed an authorised person under this section on the same terms and conditions as applied to the person immediately before the date referred to in subsection (4) until such time as the person’s appointment is revoked under this section.

394. Power of authorised person to enter land, maritime site or structure

394. (1) An authorised person may, in accordance with this section, enter any land, maritime site or structure at all reasonable times, for the purpose of the performance by the authorised person of a function under this Act of the planning authority, the Commission or the Maritime Area Regulatory Authority that appointed the authorised person.

• (2) An authorised person entering land, a maritime site or a structure under this section may do all things reasonably necessary for the purpose for which the entry is made and, in particular, may do all or any of the following:

• (a) survey;

• (b) carry out inspections;

• (c) make plans;

• (d) take photographs, videos or other recordings;

• (e) record information on any recording or measuring device or logger;

• (f) carry out tests;

• (g) take samples;

• (h) take levels;

• (i) make excavations;

• (j) examine the depth and nature of water or the subsoil;

• (k) require the production by a person on the land or maritime site or in or on the structure of, or inspect, records (including records held in electronic form) or documents, or take copies of or extracts from any records or documents;

• (l) remove and retain documents and records, including documents held in electronic form, for such period as may be reasonable for further examination.

• (3) Before an authorised person enters any land, maritime site or structure (other than a dwelling) the planning authority, the Commission or the Maritime Area Regulatory Authority shall—

• (a) obtain consent to make the entry from—

• (i) in the case of occupied land, an occupied maritime site or an occupied structure, the occupier, or

• (ii) in the case of unoccupied land, an unoccupied maritime site or an unoccupied structure, the owner,

or

• (b) give to the owner or occupier, as the case may be, not less than 14 days’ notice in writing (or 2 working days’ notice in writing in the case of the performance of a function under Part 4) of the intention to make the entry.

• (4) A person to whom a notice of intention to enter land, a maritime site or a structure has been given under paragraph (b) of subsection (3) may, not later than 14 days (or 2 working days in the case of the performance of a function under Part 4) after the giving of the notice, apply, on notice to the planning authority, the Commission, or the Maritime Area Regulatory Authority that gave the notice, to—

• (a) where the notice is in respect of land or a structure on land, the judge of the District Court having jurisdiction in the district in which the land or part of the land or structure or part of the structure is situated,

• (b) where the notice is in respect of a maritime site or structure in a maritime site, a judge of the District Court assigned to the Dublin Metropolitan District, or

• (c) in the case of an area containing both land and a maritime site, a judge referred to in paragraph (a) or (b),

for an order prohibiting the entry and, upon the hearing of the application, the judge may prohibit the entry or specify conditions to be observed by the person making the entry.

• (5) An authorised person shall not enter a dwelling under this section other than—

• (a) with the consent of the occupier of the dwelling, or

• (b) in accordance with a warrant issued under subsection (6).

• (6) Where an authorised person is prevented from entering any land, maritime site or structure, the authorised person or the person by whom the authorised person was appointed may apply—

• (a) in the case of land or a structure on land, to a judge of the District Court having jurisdiction in the district court district in which the land or part of the land or structure or part of the structure is situated,

• (b) in the case of a maritime site or structure in a maritime site, to a judge of the District Court assigned to the Dublin Metropolitan District, or

• (c) in the case of an area containing both land and a maritime site, to a judge referred to in paragraph (a) or (b),

for a warrant authorising the entry.

• (7) If on application being made to him or her under subsection (6), a judge of the District Court is satisfied, on the sworn information of an authorised person, that the authorised person has been prevented from entering land, a maritime site or a structure, the judge may issue a warrant authorising an authorised person, accompanied, if the judge considers it appropriate so to provide, by such number of other authorised persons or members of the Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of the issue of the warrant, on production of the warrant if so requested, to enter the land, maritime site or structure concerned, if need be by reasonable force, and exercise all or any of the powers referred to in subsection (2).

• (8) When performing a function under this Act, an authorised person may, subject to the terms of a warrant under subsection (7) (if any), be accompanied by such number of other authorised persons or members of the Garda Síochána as he or she considers appropriate.

• (9) A person who, by act or omission, obstructs or interferes with an authorised person, or member of the Garda Síochána accompanying such a person, in the lawful exercise of the powers conferred by this section shall be guilty of an offence.

395. Powers of entry and to seek information in relation to enforcement

395. (1) Notwithstanding section 394 and subject to subsection (2), an authorised person appointed by a planning authority or the Maritime Area Regulatory Authority may, for any purpose connected with Part 11, or if he or she has reasonable grounds for believing that an unauthorised development has been, is being or is likely to be carried out, subject to a warrant (if any) issued under subsection (4), at any time enter any land, maritime site or structure within its enforcement area (within the meaning of Part 11), accompanied by such other persons (including members of the Garda Síochána) as he or she may consider necessary and bring such equipment onto the land or maritime site or into or onto the structure as he or she may consider necessary.

• (2) An authorised person shall not enter a dwelling under this section other than—

• (a) with the consent of the occupier of the dwelling, or

• (b) in accordance with a warrant issued under subsection (4).

• (3) When an authorised person enters land, a maritime site or a structure pursuant to subsection (1), the authorised person may exercise the powers set out in subsection (2) of section 394 and may require from an occupier of the land, maritime site or structure or any person employed on the land, maritime site or in or on the structure, or any other person on the land or maritime site or in or on the structure, such information as the authorised person, having regard to all the circumstances, considers necessary for the purpose referred to in subsection (1), and a person who fails to comply with such requirement (other than in so far as it would tend to incriminate him or her to comply) shall be guilty of an offence.

• (4)
• (a) Where an authorised person is prevented from entering land, a maritime site or a structure for the purpose referred to in subsection (1), or has reason to believe that evidence related to an offence under this Act may be present on land, a maritime site or in or on a structure, and that the evidence may be removed therefrom or destroyed or that any particular structure may be damaged or destroyed, the authorised person or the person by whom the authorised person was appointed may apply—

• (i) in the case of land or a structure on land, to a judge of the District Court having jurisdiction in the district court district in which the land or part of the land or structure or part of the structure is situated,

• (ii) in the case of a maritime site or structure in a maritime site, to a judge of the District Court assigned to the Dublin Metropolitan District, or

• (iii) in the case of an area containing both land and a maritime site, to a judge referred to in subparagraph (i) or (ii),

for a warrant authorising the entry.

• (b) If on application being made to him or her under this subsection, a judge of the District Court is satisfied, on the sworn information of an authorised person, that the authorised person has been prevented from entering land, a maritime site or a structure, or that the authorised person has reasonable grounds for believing the other matters referred to in paragraph (a), the judge may issue a warrant authorising an authorised person, accompanied, if the judge considers it appropriate so to provide, by such number of other authorised persons or members of the Garda Síochána as may be specified in the warrant, at any time within 4 weeks from the date of the issue of the warrant, on production of the warrant if so requested, to enter the land, maritime site or structure concerned, if need be by reasonable force, and exercise all or any of the powers referred to in subsection (3).

• (5) Without prejudice to any powers under section 394, a planning authority or the Maritime Area Regulatory Authority may, for any purpose connected with Part 11, serve a notice in writing on a person in occupation of land, a maritime site or a structure or on a person who is carrying out development on land or a maritime site or on or to a structure, requiring the person, other than in so far as it might tend to incriminate him or her, to state in writing to the planning authority or the Maritime Area Regulatory Authority, as the case may be, within a specified time not being less than 2 weeks after being so required—

• (a) in the case of a person in occupation, the identity of every person who is or may be carrying out development on the land or maritime site or on or to the structure, or

• (b) in the case of a person carrying out development on the land, maritime site or on or to the structure, the identity of every person on whose behalf he or she is carrying out such development.

• (6) Every person who is required under subsection (5) to state in writing any matter to the planning authority or the Maritime Area Regulatory Authority and either fails so to state the matter within the time specified under that subsection or, when so stating any such matter, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence.

396. Service of documents

396. (1) An order, notice, warning letter or other document or information that is required or authorised to be served on a person by or under this Act shall be in writing, addressed to him or her and served on him or her in one or more than one of the following ways:

• (a) by delivering it to that person;

• (b) subject to subsection (2), by electronic communication;

• (c) by leaving it at the address at which that person ordinarily resides or any alternative contact address provided by or on behalf of him or her;

• (d) by sending it by post in a prepaid registered letter addressed to that person at the address at which he or she ordinarily resides or any alternative contact address provided by or on behalf of him or her;

• (e) where service in accordance with paragraph (d) is unsuccessful and the person serving the order, notice, warning letter or other document or information is satisfied that the person to be served is residing at or in occupation of the address to which the prepaid registered letter was sent, by sending it by post in a prepaid ordinary letter addressed to that person at that address;

• (f) where the address at which that person ordinarily resides cannot be ascertained by reasonable inquiry and the order, notice, warning letter or other document or information is required or authorised to be served in respect of any land or structure, by delivering it to a person over the age of 16 years resident or employed on the land or structure or by affixing it in a conspicuous place on or near the land or structure;

• (g) in the case of an enforcement notice (within the meaning of Part 11), by delivering it to a person over the age of 16 years who is employed, or otherwise engaged, in connection with the carrying out of the development to which the notice relates, or by affixing it in a conspicuous place on the land or structure concerned;

• (h) where the order, notice, warning letter or other document or information relates to a maritime site, and the address at which the person ordinarily resides cannot be ascertained by reasonable inquiry, by publishing it in a national newspaper on 7 consecutive days.

• (2) Service shall be effected in accordance with paragraph (b) of subsection (1) where—

• (a) the electronic communication is sent to—

• (i) an email address or other electronic contact point provided by or on behalf of the person to be served, or

• (ii) an email address or other electronic contact point published or otherwise communicated to the public by the person to be served,

• (b) the person serving the order, notice, warning letter or other document or information has not within a reasonable time thereafter received reliable evidence that the electronic communication has not been delivered to the email address or other electronic contact point concerned, and

• (c) the order, notice, warning letter or other document or information is in a form that is accessible by means of technology to which it is reasonable to expect the person to be served has access.

• (3) The Minister may prescribe requirements additional to those in subsection (2) for electronic communication for the purposes of this section.

• (4) Where an order, notice, warning letter or other document or information is required or authorised by or under this Act to be served on the owner or occupier of any land, maritime site or structure and the name of the owner or occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the owner” or “the occupier”, as the case may require, without naming him or her.

• (5) For the purposes of this section, a company registered under the Companies Act 2014, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business, or at any address provided or published by it for the purpose of receiving communications.

• (6) In this section “serve” or “serve on” includes “give” and “notify” or “give to” and “notify to”.

397. Presumption of service of owner or occupier

397. (1) Where a provision of this Act—

• (a) requires the service by a planning authority or the Commission of a notice or other document on the owner of land or a maritime site, or

• (b) otherwise confers a power on a planning authority or the Commission to serve a notice or other document on the owner of land or a maritime site,

then it shall be presumed (including in any subsequent criminal or civil proceedings under this Act before a court), unless the contrary is shown, that, where service of such notice or document was effected on any person whom the planning authority or Commission, as may be appropriate, reasonably believed to be the owner of the land or maritime site concerned, that person was the owner of that land or maritime site.

• (2) Where a provision of this Act—

• (a) requires the service by a planning authority or the Commission of a notice or other document on the occupier of land or a maritime site, or

• (b) otherwise confers a power on a planning authority or the Commission to serve a notice or other document on the occupier of land or a maritime site,

then it shall be presumed (including in any subsequent criminal or civil proceedings under this Act before a court), unless the contrary is shown, that, where service of such notice or document was effected on any person whom the planning authority or Commission, as may be appropriate, reasonably believed to be the occupier of the land or maritime site concerned, that person was the occupier of that land or maritime site.

398. Failure to effect service

398. Where a provision of this Act requires the service by a planning authority or the Commission of a notice or other document on the owner or occupier of land or a maritime site as a precondition of the performance by the planning authority or the Commission, as the case may be, of any other function under this Act in relation to that land or maritime site or any other land or maritime site, the failure to effect such service shall not of itself operate to preclude or invalidate the performance of that function unless—

• (a) the planning authority or Commission failed to make reasonable efforts to effect such service, or

• (b) the failure prejudices the exercise by the said owner or occupier of his or her rights under or in connection with this Act.

399. Dispensation with service or giving of notice

399. (1) Where an appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority is satisfied that reasonable grounds exist for dispensing with the serving, giving or notifying by it of an order, notice, warning letter or other document or information required under this Act to be served, given or notified by it, and that so dispensing will not cause injury or wrong, the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority may dispense with the serving, giving or notifying of it and every such dispensation shall have effect according to the tenor thereof.

• (2) A dispensation under subsection (1) may be given either before or after the time when the order, notice, warning letter or other document or information would, but for the dispensation, be required to be served, given or notified and either before or after the doing of any act to which the serving, giving or notification of the order, notice, warning letter or other document or information would, but for the dispensation, be a condition precedent.

• (3) Where a provision of or under this Act requires an order, notice, warning letter or other document or information to be served on, or given or notified to, a person who has made representations or submissions to an appropriate authority, the Office of the Planning Regulator, or the Maritime Area Regulatory Authority, where—

• (a) a large number of representations or submissions are made as part of an organised campaign, or

• (b) it is not possible readily to ascertain the full name and address of those persons who made the representations or submissions,

the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority may substitute an alternative means of service, giving or notification that is reasonably likely to bring the order, notice, warning letter or other document or information to the attention of such persons, including, in the case of an organised campaign referred to in paragraph (a), serving the order, notice, warning letter or other document or information on or giving or notifying the order, notice, warning letter or other document or information to (as the case may be), any person who, in the opinion of the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority, as the case may be, organised the campaign.

• (4) Where an order, notice, warning letter or other document or information required to be served on or given or notified to a person under this Act is required to include or be accompanied by information that, by virtue of its size and one or more than one of the factors related to its size referred to in subsection (5), cannot without difficulty be served on, or given or notified to the person (as the case may be) as part of, or with, the order, notice, warning letter or other document or information, the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority may omit parts of the information and inform the person of convenient other means of accessing or viewing that information, which shall include at the offices of the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority or some other public place, and which may include on a website maintained by or on behalf of the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority or some other readily accessible website.

• (5) The factors referred to in subsection (4) are:

• (a) the resources required to create copies of the information;

• (b) the number of persons on whom the information is required to be served, or to whom it is required to be given or notified;

• (c) such other factors as the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority serving, giving or notifying the order, notice, warning letter or other document or information considers appropriate.

400. Public notification

400. (1) Where a provision of or under this Act requires notice to be given in a newspaper circulating in the functional area of a planning authority, the planning authority may, in addition to the requirements of the particular provision and to the extent it considers appropriate, give the notice or draw the attention of the public to the notice through other forms of media including broadcast media and the use of electronic means of communication for the provision of information.

• (2) The Minister may make provision in regulations for the giving of public notice, including—

• (a) the content and layout of newspaper advertisements required under this Act, and

• (b) such other matters as may be incidental to the giving of public notice under this Act.

• (3) Where this Act requires notice to be given to the public, in respect of a maritime site, by publication in a newspaper and—

• (a) where all or part of the site is located in the nearshore area of a planning authority, and no part of the site is in the outer maritime area, the notice shall be published in a newspaper circulating in the functional area of the planning authority, or

• (b) where all or part of the site is located in the outer maritime area, the notice shall be published in a national newspaper.

• (4) A person who, without lawful authority, removes, damages or defaces an order, notice, warning letter or other document or information required or authorised to be erected or affixed on or near any lands or structure by or under this Act shall be guilty of an offence.

401. Recovery of moneys

401. Where a person is liable under this Act to pay an appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority a sum—

• (a) the sum may be recovered by the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority, as the case may be, on demand as a simple contract debt in a court of competent jurisdiction (which court shall be entitled to adjudicate upon any dispute as to the quantification of the sum), and

• (b) the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority may set off against the sum any sum due by it to the person.

402. Running of time

402. (1) Subject to subsection (2), when calculating any period or time limit of one year or less specified by or under this Act the period between the 24th day of December and the 1st day of January, both days inclusive, shall be disregarded.

• (2) Subsection (1) shall not apply to periods or time limits stated in an enforcement notice (within the meaning of Part 11).

• (3) Where the doing of a thing within a period or time limit specified by or under this Act requires an office of an appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority to be open, and the last day of the period or time limit specified is not a working day or is a day on which the office is closed, the thing shall be deemed to have been done before the expiry of the period or time limit if it is done on the next following day on which the office is open.

403. Government order for disregard of time limits in certain circumstances

403. (1) Where the Government is satisfied that the spread of infectious disease, or another matter or event, makes it impossible or unduly difficult to comply with periods or time limits specified by or under this Act, it may by order, at the request of the Minister made after consultation with such other Minister of the Government as he or she considers appropriate, specify a period which shall, for the purpose of calculating any such period or time limit, be disregarded.

• (2) The period to be disregarded under an order referred to in subsection (1) shall be such period as the Government considers is necessary and appropriate for the purposes of—

• (a) facilitating the performance by the appropriate authority, the Office of the Planning Regulator or the Maritime Area Regulatory Authority, as the case may be, of its functions under this Act, and

• (b) permitting a person to fulfil any obligation, or do any thing which he or she is entitled to do, under this Act.

• (3) The Government may, if it considers it necessary and appropriate to do so for the purposes referred to in subsection (2), and at the request of the Minister made after consultation with such other Minister of the Government as he or she considers appropriate, by order—

• (a) before the expiry of the period specified in the order under subsection (1), specify a date later than the date specified in that order on which the period to be disregarded under subsection (1) shall end, and

• (b) thereafter, from time to time, but before the expiry of the period specified in the order made under paragraph (a), or where an order has been previously made under this paragraph, before the expiry of the period specified in the last order so made, specify a date later than the date specified in that order, on which the period to be disregarded under subsection (1) shall end.

PART 13 Appropriation, Disposal and Development of Land

404. Definition

404. In this Part, “relevant function”, in relation to a local authority, means any one or more than one of the functions of the local authority under this Act or any other enactment.

405. Appropriation of land for local authority purposes

405. (1) Where—

• (a) land is vested in a local authority for the purposes of a relevant function, and

• (b) the local authority is satisfied that the land should be made available for the purposes of a different relevant function,

the local authority may, by order made by the chief executive of the local authority, appropriate the land for the purposes of that different relevant function.

• (2) Where land vested in a local authority by means of a compulsory acquisition under this Act or any other enactment is appropriated under this section, such appropriation shall not, of itself, give rise to, or in any way be a ground for—

• (a) any claim for compensation or additional compensation by the person from whom the land was compulsorily acquired, or

• (b) challenging such compulsory acquisition.

406. Sale, lease or exchange of land by local authority

406. (1) Subject to subsection (2), any land acquired or appropriated by a local authority under this Act or any other enactment may, subject to such conditions (if any) as the local authority considers appropriate, be sold, leased or exchanged—

• (a) where the local authority no longer requires the land for any relevant function, or

• (b) in order to secure—

• (i) the best use of that or other land and the works (if any) which have been, or are to be, carried out on, in or under that or other land, or

• (ii) the carrying out of works appearing to it to be needed for the proper planning and sustainable development of its functional area.

• (2)
• (a) Subject to subsection (3), the consent of the Minister shall be required for any sale, lease or exchange of land under subsection (1) where, as appropriate—

• (i) the proposed price or rent, or

• (ii) what is to be obtained by the local authority on the exchange,

is not the best reasonably obtainable.

• (b) Notwithstanding any other enactment, the consent of the Minister is not required for any sale, lease or exchange of land under subsection (1) to which paragraph (a) does not apply.

• (3)
• (a) Subject to paragraph (b), the Minister may prescribe the circumstances (if any) in which paragraph (a) of subsection (2) shall not apply to a sale, lease or exchange of land under subsection (1) to which paragraph (a) of subsection (2) would otherwise apply.

• (b) For the purposes of paragraph (a)—

• (i) the circumstances referred to in that paragraph shall be circumstances in respect of which the Minister is satisfied are of such urgency, or of such benefit to the public interest, that the disapplication of paragraph (a) of subsection (2) to the sale, lease or exchange of land under subsection (1) is warranted in those circumstances, and

• (ii) conditions (including conditions for the giving of public notice) may be prescribed which must be complied with in order for such disapplication to be effected.

• (4) Capital money arising from the sale, lease or exchange of land under subsection (1) shall be applied for—

• (a) a capital purpose for which capital money may be properly applied, or

• (b) such purposes as may be approved by the Minister whether generally or in relation to specified cases or circumstances.

• (5) Where a local authority considers that the use of land acquired or appropriated by it under this Act or any other enactment will not be required for the purposes of any relevant function for a particular period, the authority may grant a lease of the land for that period (or any lesser period) and the lease shall be expressed as a lease granted for the purposes of this subsection.

• (6) The Landlord and Tenant Acts 1967 to 2019 shall not apply in relation to a lease granted under subsection (5).

407. Development of land by local authority

407. (1) A local authority may develop, secure or facilitate the development of land in connection with any relevant function.

• (2) A local authority may, in connection with any relevant function, make and carry out arrangements or enter into agreements with any person for the development or management of land, and may establish a company for those purposes.

• (3) A local authority may use any of the powers available to it under this Act or any other enactment in order to facilitate the assembly of sites for the purposes of the orderly development of land.

• (4) An agreement under section 212 of the Act of 2000 in force immediately before the repeal of that section by section 6 shall, on and after that repeal, be deemed to be an agreement made under this section, and accordingly this section shall apply to that agreement.

PART 14 Compulsory Acquisition and Purchase of Land and Maritime Sites

Chapter 1 Definitions

408. Definitions

408. In this Part—

“Act of 1966” means the Housing Act 1966;

“Act of 1993” means the Roads Act 1993;

“section 410 functions” means the functions referred to in subsection (1) of section 410;

“section 423 functions” means the functions referred to in subsection (1) of section 423.

Chapter 2 Compulsory Acquisition and Purchase of Land

409. Land acquisition by local authority

409. (1) The power conferred on a local authority under any enactment to acquire land shall be construed in accordance with this section.

• (2)
• (a) A local authority may, for the purposes of performing any of its functions (whether conferred by or under this Act or any other enactment passed before or after the passing of this Act), including giving effect to or facilitating the implementation of its development plan or its housing strategy, do all or any of the following:

• (i) acquire land, permanently or temporarily, by agreement or compulsorily;

• (ii) acquire, permanently or temporarily, by agreement or compulsorily, any easement, way-leave, water-right or other right over or in respect of any land or water or any substratum of land;

• (iii) restrict or otherwise interfere with, permanently or temporarily, by agreement or compulsorily, any easement, way-leave, water-right or other right over or in respect of any land or water or any substratum of land,

and the performance of all or any of the functions referred to in subparagraphs (i), (ii) and (iii) are referred to in this Act as an “acquisition of land”.

• (b) A reference in paragraph (a) to acquisition by agreement shall include acquisition by way of purchase, lease, exchange or otherwise.

• (c) The functions conferred on a local authority by paragraph (a) may be performed in relation to—

• (i) land, or

• (ii) any easement, way-leave, water-right or other right to which that paragraph applies,

whether situated or exercisable, as the case may be, inside or outside the functional area of the local authority concerned.

• (3)
• (a) The acquisition may be effected by agreement or compulsorily in respect of land not immediately required for a particular purpose if, in the opinion of the local authority, the land will be required by the authority for that purpose in the future.

• (b) The acquisition may be effected by agreement in respect of any land which, in the opinion of the local authority, it will require in the future for a purpose relating to any of its functions notwithstanding that the authority has not determined the manner in which or the particular such purpose for which it will use the land.

• (c) Paragraphs (a) and (b) shall apply and have effect in relation to any power to acquire land conferred on a local authority by virtue of this Act or any other enactment whether enacted before or after this Act.

• (4) A local authority may be authorised by compulsory purchase order to acquire land for any of the purposes referred to in subsection (2) and section 10 of the Local Government (No. 2) Act 1960 shall be construed so as to apply accordingly and the reference to “purposes” in paragraph (a) of subsection (1) of section 10 of that Act shall be construed as including purposes referred to in subsection (2).

• (5) In this section, “substratum of land” means any subsoil or anything beneath the surface of the land required—

• (a) for the purposes of a tunnel or tunnelling or anything connected therewith, or

• (b) for any other purpose connected with a scheme within the meaning of the Act of 1993.

410. Continuance of vesting of certain functions

410. (1) It is hereby declared that all the functions that, immediately before the repeal of Part XIV of the Act of 2000 by section 6, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections 214, 215, 215A, 215B and 215C of that Act, namely—