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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

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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

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; to amend certain other enactments; and to provide for matters connected therewith.

Reform history JSON API

(b) the extraction of stone, gravel, sand or clay by marine dredging (other than maintenance dredging), where the area of extraction would be greater than 5 hectares.

12.

Development consisting of deep drilling (other than deep drilling for the purposes of investigating the stability of the soil, seabed or substrata beneath the soil or seabed) for—

(a) geothermal purposes, or

(b) the purpose of securing water supplies exceeding 2,000,000 cubic metres per annum.

13.

Development consisting of the construction or operation of—

(a) an installation for the manufacture of vegetable or animal oils or fats, where the capacity for processing raw materials would exceed 40 tonnes per day, or

(b) any fish-meal or fish-oil factory.

14.

Development consisting of the construction or operation of a sea water marina where the number of berths exceeds 300.

15.

Development consisting, or for the purposes, of—

(a) a terminal, building or installation ancillary to a natural gas storage facility (either above or below the surface of the water or seabed), the storage capacity of which would exceed 1 mscm, or

(b) a terminal, building or installation ancillary to a terminal that is used for the liquefaction of natural gas or the importation, offloading and re-gasification of liquefied natural gas, and ancillary services.

16.

Development consisting, or for the purposes, of an installation for the storage of—

(a) natural gas, where the storage capacity would exceed 200 tonnes,

(b) combustible gases, where the storage capacity would exceed 200 tonnes, or

17.

An installation for the production of hydroelectric energy—

(a) that has an output of not less than 20 megawatts,

(b) that would result in the new or extended area of water impounded being not less than 20 hectares, or

(c) that would result in a 30 per cent change in the maximum, minimum or mean flows in the main river channel or tidal bay concerned.

18.

An installation for the production of energy by harnessing the power of the wind that has—

(a) more than 5 turbines, or

(b) a total output of more than 5 megawatts.

19.

Any floating or fixed installation (either temporary or permanent) for the production of energy by harnessing the power of the sun.

20.

An installation for the production of energy by harnessing wave or tidal power that has a total output greater than 5 generating units or 5 megawatts.

21.

A harbour or port installation, including—

(a) loading or unloading areas,

(b) vehicle queuing and parking areas,

(d) areas for berthing or dry docking of ships, and

(e) areas for the weighing, handling or transport of goods or the movement or transport of passengers (including customs or passport control facilities), and any associated offices or other similar facilities that would—

(i) result in the enclosed area of water in the harbour or port installation being not less than 20 hectares,

(ii) involve the reclamation of an area of land of not less than 5 hectares,

(iii) involve the construction of a quay greater than 100 metres in length, or

(iv) be capable of admitting a vessel of more than 1,350 tonnes.

SCHEDULE 3 Development in Respect of which no Compensation for Refusal of Permission, etc.

Sections 434 and 456

PART 1 Land

Any development that consists of or includes the making of any material change in the use of any structures or other land.

The demolition of a habitable house.

Any development which would materially affect a protected structure or proposed protected structure.

The erection of any advertisement structure.

The use of land for the exhibition of any advertisement.

Development in an area to which a special amenity area order relates.

Any development on land with respect to which there is available (notwithstanding the refusal of permission) a grant of permission for any development of a residential, commercial or industrial character, if the development consists wholly or mainly of the construction of houses, shops or office premises, hotels, garages and petrol filling stations, theatres or structures for the purpose of entertainment, or industrial buildings (including warehouses), or any combination thereof, subject to no conditions other than conditions of the kind referred to in Part 1 of Schedule 5.

Any development on land with respect to which compensation has already been paid under—

(a) section 434 in relation to a decision to refuse permission,

(b) section 190 of the Act of 2000 in relation to a decision to refuse permission under Part III of that Act,

(d) section 55 of the Act of 1963 in relation to a decision to refuse permission under Part IV of that Act.

PART 2 Maritime Area

Any development that consists of or includes the making of any material change in the use of any structures or other maritime site.

10.

Any development which would materially affect a protected structure or proposed protected structure.

11.

The erection of any advertisement structure.

12.

The use of a maritime site for the exhibition of any advertisement.

13.

Development in an area to which a special amenity area order relates.

14.

Any development on a maritime site with respect to which compensation has already been paid under—

(a) section 455 in relation to a decision to refuse permission,

(b) section 190 of the Act of 2000 in relation to a decision to refuse permission under Part III of that Act,

(d) section 55 of the Act of 1963 in relation to a decision to refuse permission under Part IV of that Act.

SCHEDULE 4 Reasons for Refusal of Permission that Excludes Compensation

Sections 434 and 456

PART 1 Land

Development of the kind proposed on the land would be premature by reference to any one or combination of the following constraints and the period within which the constraints involved may reasonably be expected to cease—

(a) an existing deficiency in the provision of water supplies or sewerage facilities,

(b) the capacity of existing or prospective water supplies or sewerage facilities being required for prospective development as regards which a grant of a permission under Part 4 or Part III of the Act of 2000, or a notice under section 13 of the Act of 1990, section 192 of the Act of 2000 or section 437 exists,

(c) the capacity of existing or prospective water supplies or sewerage facilities being required for the prospective development of another part of the functional area of the planning authority, as indicated in the development plan,

(d) the capacity of existing or prospective water supplies or sewerage facilities being required for any other prospective development or for any development objective, as indicated in the development plan,

(e) any existing deficiency in the road network serving the area of the proposed development, including considerations of capacity, width, alignment, or the surface or structural condition of the pavement, which would render that network, or any part of it, unsuitable to carry the increased road traffic likely to result from the development,

(f) any prospective deficiency (including the considerations specified in clause (e)) in the road network serving the area of the proposed development which—

(i) would arise because of the increased road traffic likely to result from that development and from prospective development as regards which a grant of permission under Part 4 or Part III of the Act of 2000, or a notice under section 13 of the Act of 1990, section 192 of the Act of 2000 or section 437 exists, or

(ii) would arise because of the increased road traffic likely to result from that development and from any other prospective development or from any development objective, as indicated in the development plan,

and would render that road network, or any part of it, unsuitable to carry the increased road traffic likely to result from the proposed development, or

(g) any existing or prospective deficiency in any infrastructure capacity which would be required to facilitate the proposed development.

Development of the kind proposed would be premature pending the determination by the planning authority or the road authority of any transportation or road layout for the area or any part thereof.

Development of the kind proposed would be premature by reference to the order of priority or phasing, if any, for development indicated in the development plan, urban area plan, priority area plan or coordinated area plan or pending the adoption of a development plan, urban area plan, priority area plan or coordinated area plan or any other plan which has been identified in the development plan, urban area plan, priority area plan or coordinated area plan.

The proposed development would endanger public safety by reason of traffic hazard or obstruction to road users, including to pedestrians and cyclists.

The proposed development—

(a) could, due to the risk of a major accident or if a major accident were to occur, lead to serious danger to human health or the environment, or

(b) is in an area where it is necessary to limit the risk of there being any serious danger to human health or the environment.

The proposed development is in an area which is at risk of flooding based on a flood risk assessment.

The proposed development, by itself or by the precedent which the grant of permission for it would set for other relevant development, would result in a traffic pattern which may adversely affect the use of a national road or other major road.

The proposed development would detrimentally interfere with the character of the landscape or with a view or prospect of special amenity value or natural interest or beauty, the preservation of which is an objective of a development plan, urban area plan, priority area plan or coordinated area plan for the area in which the development is proposed.

The proposed development may cause significant pollution, including air, water or noise pollution or vibrations or any pollution connected with the disposal of waste or otherwise create a material risk to waters, the atmosphere, land, soil, biodiversity or human health.

10.

The proposed development may result in emissions or other adverse effects which are inconsistent with—

(a) the approved climate action plan at the time of decision,

(b) the approved national long-term climate action strategy at the time of decision,

(d) the furtherance of the national climate objective, and

(e) the objective of mitigating greenhouse gas emissions and adapting to the effects of climate change in the State.

11.

In the case of development including any structure or any addition to or extension of a structure, the structure, addition or extension would—

(a) be under a public road,

(b) seriously injure the residential amenities of property in the vicinity,

(d) endanger or interfere with the safety of aircraft or the safe and efficient navigation thereof,

(e) endanger the health or safety of persons occupying or employed in the structure or any adjoining structure, or

(f) be prejudicial to public health.

12.

The development would contravene materially a condition attached to an existing permission for development.

13.

The proposed development would injure or interfere with—

(a) any monument or place recorded in the record of monuments and places under section 12 of the National Monuments (Amendment) Act 1994,

(b) any monument to which general protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023) applies, or

(c) any monument to which special protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023) applies.

14.

The proposed development would adversely affect an architectural conservation area, an area of special planning control, a protected structure or a proposed protected structure.

15.

The proposed development would adversely affect the linguistic or cultural heritage of the Gaeltacht.

16.

The proposed development would materially contravene an objective indicated in an urban area plan, priority area plan or coordinated area plan for the area.

17.

The proposed development would be contrary to the National Planning Framework or a National Planning Statement.

18.

The proposed development would adversely affect an area that, immediately before the repeal of section 204 of the Act of 2000 by section 6, stood designated as a landscape conservation area under the said section 204.

19.

In accordance with section 173, the planning authority considers that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with any permission or any condition to which such a permission would be subject.

20.

The proposed development—

(a) would contravene materially a development objective indicated in the development plan for the conservation and preservation of a European site insofar as the proposed development would adversely affect—

(i) one or more specific—

(I) natural habitat types in Annex I of the Habitats Directive, or

(II) species in Annex II of the Habitats Directive which the site hosts,

which have been selected by the relevant Minister in accordance with Annex III (Stage 1) of that Directive, or

(ii) species of bird or their habitat or other habitat specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site,

(b) would have a significant adverse effect on any other areas referred to in subsection (2) of section 50.

21.

The development would contravene materially a development objective indicated in the development plan, including any objective for the carrying out of any specific project indicated in the development plan.

22.

The proposed development would not be consistent with a planning scheme in force in respect of a strategic development zone.

23.

The proposed development would not be consistent with a development scheme in force in respect of an urban development zone.

24.

The proposed development would not be consistent with the transport strategy of the National Transport Authority.

25.

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

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

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

(2) In this paragraph “associated”, in relation to a previous development, means a development under the Act of 2000 to which section 180 of that Act relates, or under this Act to which section 261, 262 or 264 relates, and in respect of which the development has not been satisfactorily completed or taken in charge by the local authority concerned or Uisce Éireann due to the actions (whether of commission or omission) of—

(a) the applicant for the proposed development,

(b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act,

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

(ii) carried out a substantial unauthorised development, or

(iii) has been convicted of an offence under the Act of 2000 or this Act,

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

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

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

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

(i) the company concerned is related to a company (within the meaning of subsection (10) of section 2 of the Companies Act 2014) which carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, or

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

(e) a company that carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, which company is controlled by the applicant—

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

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

26.

The proposed development would cause a serious aircraft noise problem at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise.

27.

The proposed development would not be consistent with the objectives of a river basin management plan made under regulation 13 of the European Communities (Water Policy) Regulations 2003 (S.I. No. 722 of 2003).

28.

The development would contravene materially a development objective indicated in the development plan for the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise or a mixture of such uses).

29.

The proposed development would be contrary to any direction (including a draft direction) that has been issued by the Minister.

30.

In this Part—

“flood risk assessment” means an assessment of the likelihood of flooding, the potential consequences arising and measures (if any) necessary to manage those consequences;

“national road” and “road authority” have the meanings respectively assigned to them by the Roads Act 1993.

PART 2 Maritime Area

31.

Development of the kind proposed would be premature by reference to the order of priority or phasing, if any, for development indicated in the maritime spatial plan or designated maritime area plan or pending the adoption of a maritime spatial plan, designated maritime area plan or any other plan which has been identified in the maritime spatial plan or designated maritime area plan.

32.

The proposed development would interfere with public navigation.

33.

The proposed development—

(a) could, due to the risk of a major accident or if a major accident were to occur, lead to serious danger to human health or the environment, or

(b) is in an area where it is necessary to limit the risk of there being any serious danger to human health or the environment.

34.

The proposed development would detrimentally interfere with the character of the landscape or with a view or prospect of special amenity value or natural interest or beauty, the preservation of which is an objective of a development plan, urban area plan, priority area plan, coordinated area plan, maritime spatial plan or designated maritime area plan for the area in which the development is proposed.

35.

36.

The proposed development may result in emissions or other adverse effects which are inconsistent with—

(a) the approved climate action plan at the time of decision,

(b) the approved national long-term climate action strategy at the time of decision,

(d) the furtherance of the national climate objective, and

(e) the objective of mitigating greenhouse gas emissions and adapting to the effects of climate change in the State.

37.

In the case of development including any structure or any addition to or extension of a structure, the structure, addition or extension would—

(a) endanger or interfere with the safety of aircraft or sea vessels or the safe and efficient navigation thereof, or

(b) be prejudicial to public health.

38.

The development would contravene materially a condition attached to an existing permission for development.

39.

The proposed development would injure or interfere with—

(a) any monument or place recorded in the record of monuments and places under section 12 of the National Monuments (Amendment) Act 1994,

(b) any monument to which general protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023) applies, or

(c) any monument to which special protection (within the meaning of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023) applies.

40.

The proposed development would materially contravene an objective indicated in a designated maritime area plan.

41.

The proposed development would be contrary to the National Planning Framework, National Marine Planning Framework or a National Planning Statement.

42.

In accordance with section 173, the planning authority or the Maritime Area Regulatory Authority considers that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with any permission or any condition to which such a permission would be subject.

43.

The proposed development—

(a) would contravene materially a development objective indicated in the development plan or maritime spatial plan for the conservation and preservation of a European site in so far as the proposed development would adversely affect—

(i) one or more specific—

(I) natural habitat types in Annex I of the Habitats Directive, or

(II) species in Annex II of the Habitats Directive which the site hosts,

which have been selected by the relevant Minister in accordance with Annex III (Stage 1) of that Directive, or

(ii) species of bird or their habitat or other habitat specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site,

(b) would have a significant adverse effect on any other areas referred to in subsection (2) of section 50 or in a maritime spatial plan.

44.

The development would contravene materially a development objective indicated in the maritime spatial plan concerned, including any objective for the carrying out of any specific project indicated in the maritime spatial plan.

45.

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

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

(2) In this paragraph “associated”, in relation to a previous development, means a development under the Act of 2000 to which section 180 of that Act relates, or under this Act to which section 261, 262 or 264 relates, and in respect of which the development has not been satisfactorily completed or taken in charge by the local authority concerned or Uisce Éireann due to the actions (whether of commission or omission) of—

(a) the applicant for the proposed development,

(b) a partnership of which the applicant is or was a member and which, during the membership of that applicant, carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act,

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

(ii) carried out a substantial unauthorised development, or

(iii) has been convicted of an offence under the Act of 2000 or this Act, or, during any period to which subclause (i) or (ii) relates or to which any conviction under subclause (iii) relates, the registered society was, during that period, controlled by the applicant—

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

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

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

(i) the company concerned is related to a company (within the meaning of subsection (10) of section 2 of the Companies Act 2014) which carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, or

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

(e) a company that carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under the Act of 2000 or this Act, which company is controlled by the applicant—

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

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

46.

47.

The development would contravene materially a maritime usage indicated in the maritime spatial plan concerned.

SCHEDULE 5 Conditions to which Grant of Permission may be Subject without Entitlement to Compensation

Sections 434, 437, 452, 456, 459 and 474 and Schedules 3 and 6

PART 1 Land

A condition under paragraph (g) of subsection (3) of section 87 requiring the giving of security for satisfactory completion of the proposed development.

A condition under paragraph (j) or (k) of subsection (3) of section 87 requiring the maintenance until taken in charge by the local authority concerned or Uisce Éireann, as may be appropriate, of roads, open spaces, carparks, sewers, watermains or drains.

A condition included in a grant of permission requiring the payment of a development contribution.

A condition under paragraph (o) of subsection (3) of section 87 requiring the removal of an advertisement structure.

A condition under paragraph (o) of subsection (3) of section 87 in a case in which the relevant application for permission relates to a temporary structure.

Any condition relating to the reservation or allocation of any particular land, or all land in any particular area, for development of a specified class or classes, or the prohibition or restriction either permanently or temporarily, of development on any specified land.

Any condition relating to the preservation of the quality and character of urban or rural areas.

Any condition relating to the regulation, restriction and control of development of coastal areas or development in the vicinity of inland waterways.

Any condition relating to the protection of the linguistic or cultural heritage of the Gaeltacht.

10.

Any condition relating to reducing the risk or limiting the consequences of a major accident, or limiting the risk of there being any serious danger to human health or the environment.

11.

Any condition regulating, restricting or controlling development in areas at risk of flooding.

12.

Any condition relating to—

(a) the regulation and control of the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures,

(b) the regulation and control of the design, colour and materials of structures and groups of structures, or

(c) the promotion of design in structures for the purposes of flexible and sustainable use, including conservation of energy and resources.

13.

Any condition limiting the number of structures or the number of structures of a specified class which may be constructed, erected or made on, in or under any area.

14.

Any condition regulating and controlling all or any of the following matters—

(a) the size, height, floor area and character of structures,

(b) building lines, coverage and the space about houses and other structures,

(c) the extent of parking places required in, on or under structures of a particular class or size or services or facilities for the parking, loading, unloading or fuelling of vehicles,

(d) the objects which may be affixed to structures,

(e) the purposes for and the manner in which structures may be used or occupied, including, in the case of dwellings, the letting thereof in separate units, or

(f) the persons of a particular class or description to whom the use of a dwelling may be restricted.

15.

Any condition relating to the alteration or removal of unauthorised structures.

16.

Any condition relating to the provision and siting of sanitary services and waste facilities, recreational facilities and open spaces.

17.

Any condition relating to the protection and conservation of the environment including the prevention of environmental pollution and the protection of waters, groundwater, the seashore and the atmosphere.

18.

Any condition relating to measures to reduce or prevent the emission or the intrusion of noise or vibration.

19.

Any conditions relating to measures for the regulation of aircraft noise at Dublin Airport including, as appropriate, the area around Dublin Airport significantly affected by aircraft noise.

20.

Any condition prohibiting, regulating or controlling the deposit or disposal of waste materials and refuse, the disposal of sewage and the pollution of rivers, lakes, ponds, gullies and the seashore.

21.

Any condition relating to the protection of features of the landscape which are of major importance for wild fauna and flora.

22.

Any condition relating to the preservation and protection of trees, shrubs, plants and flowers.

23.

Any condition relating to the protection, preservation, archaeological excavation or recording of places, caves, sites, features, wrecks or other objects of archaeological, geologic, historical, scientific or ecological interest, whether situated on land or under water.

24.

Any condition relating to the conservation and preservation of—

(a) one or more specific—

(i) natural habitat types in Annex I of the Habitats Directive, or

(ii) species in Annex II of the Habitats Directive which the site hosts,

contained in a European site selected by the Minister in accordance with Annex III (Stage 1) of that Directive,

(b) one or more specific species of bird or their habitat or other habitat contained in a European site specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site, or

25.

Any condition relating to—

(a) the preservation of the landscape in general, or

(b) an area or place to which an order under section 204 of the Act of 2000 in force immediately before the repeal of that section by section 6 applies,

including views, prospects and amenities of places and features of natural beauty or interest.

26.

Any condition for preserving any existing public right of way.

27.

Any condition reserving, as a public park, public garden or public recreation space, land normally used as such.

28.

Any condition prohibiting, restricting or controlling, either generally or within a specified distance of the centre line of any specified road, the erection of all or any particular forms of advertisement structure or the exhibition of all or any particular forms of advertisement.

29.

Any condition preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any structure, or from the objectionable or neglected condition of any land attached to a structure or abutting on a public road or situated in a residential area.

30.

Any condition relating to a matter in respect of which a requirement could have been imposed under any other Act, or under any order, regulation, rule or bye-law made under any other Act, without liability for compensation.

31.

Any condition prohibiting the demolition of a habitable house.

32.

Any condition relating to the filling of land.

33.

Any condition in the interest of ensuring the safety of aircraft or the safe and efficient navigation thereof.

34.

Any condition determining the sequence in which works shall be carried out or specifying a period within which works shall be completed.

35.

Any condition restricting the occupation of any structure included in a development until the completion of other works included in the development or until any other specified condition is complied with or until the planning authority consents to such occupation.

36.

Any conditions relating to the protection of a protected structure or a proposed protected structure.

37.

A condition under paragraph (a) of subsection (2) of section 98 or paragraph (a) of subsection (2) of section 123.

38.

A condition under paragraph (b) of subsection (2) of section 98 or paragraph (b) of subsection (2) of section 123 requiring the applicant to inform the planning authority in writing of particulars of the aspect of a development (that has not yet been confirmed) before the date of the commencement of the proposed development, or the part of the proposed development to which that aspect relates, or such earlier date as may be prescribed.

PART 2 Maritime Area

39.

A condition under paragraph (g) of subsection (3) of section 87 requiring the giving of security for satisfactory completion of the proposed development.

40.

A condition included in a grant of permission requiring the payment of a development contribution.

41.

A condition under paragraph (o) of subsection (3) of section 87 requiring the removal of an advertisement structure.

42.

A condition under paragraph (o) of subsection (3) of section 87 in a case in which the relevant application for permission relates to a temporary structure.

43.

Any condition relating to the reservation or allocation of any particular maritime site, or all maritime sites in any particular area, for development of a specified class or classes, or the prohibition or restriction either permanently or temporarily, of development on any specified maritime site.

44.

Any condition relating to the preservation of the quality and character of urban or rural areas.

45.

Any condition relating to the regulation, restriction and control of development of coastal areas or development in the vicinity of inland waterways.

46.

Any condition relating to reducing the risk or limiting the consequences of a major accident, or limiting the risk of there being any serious danger to human health or the environment.

47.

Any condition relating to—

(a) the regulation and control of the layout of areas and structures, including density, spacing, grouping and orientation of structures in relation to roads, open spaces and other structures,

(b) the regulation and control of the design, colour and materials of structures and groups of structures, or

(c) the promotion of design in structures for the purposes of flexible and sustainable use, including conservation of energy and resources.

48.

Any condition limiting the number of structures or the number of structures of a specified class which may be constructed, erected or made on, in or under any area.

49.

Any condition regulating and controlling all or any of the following matters:

(a) the size, height, floor area and character of structures;

(b) building lines, coverage and the space about structures;

(d) the purposes for and the manner in which structures may be used or occupied.

50.

Any condition relating to the alteration or removal of unauthorised structures.

51.

Any condition relating to the provision and siting of sanitary services and waste facilities and recreational facilities.

52.

53.

Any condition relating to measures to reduce or prevent the emission or the intrusion of noise or vibration.

54.

Any condition prohibiting, regulating or controlling the deposit or disposal of waste materials and refuse, the disposal of sewage and the pollution of rivers, lakes, ponds, gullies and the seashore.

55.

Any condition relating to the protection of features of the landscape which are of major importance for wild fauna and flora.

56.

Any condition relating to the preservation and protection of trees, shrubs, plants and flowers.

57.

Any condition relating to the protection, preservation, archaeological excavation or recording of places, caves, sites, features, wrecks or other objects of archaeological, geological, historical, scientific or ecological interest, whether situated on land or under water.

58.

Any condition relating to the conservation and preservation of—

(a) one or more specific—

(i) natural habitat types in Annex I of the Habitats Directive, or

(ii) species in Annex II of the Habitats Directive which the site hosts,

contained in a European site selected by the Minister in accordance with Annex III (Stage 1) of that Directive,

(b) one or more specific species of bird or their habitat or other habitat contained in a European site specified in Article 4 of the Birds Directive, which formed the basis of the classification of that site, or

59.

60.

61.

62.

Any condition relating to the filling of a maritime site.

63.

Any condition in the interest of ensuring the safety of aircraft or sea vessels or the safe and efficient navigation thereof.

64.

Any condition determining the sequence in which works shall be carried out or specifying a period within which works shall be completed.

65.

66.

A condition under paragraph (a) of subsection (2) of section 98 or paragraph (a) of subsection (2) of section 123.

67.

SCHEDULE 6 Rules for Determination of Amount of Compensation

Sections 435, 448, 457 and 470

PART 1 Land

The reduction in value shall, subject to the other provisions of this Part, be determined by reference to the difference between the antecedent and subsequent values of the land, where—

(a) the antecedent value of the land is the amount which the land, if sold in the open market by a willing seller immediately prior to the relevant decision under Part 4 (and assuming that the relevant application for permission had not been made), might have been expected to realise, and

(b) the subsequent value of the land is the amount which the land, if sold in the open market by a willing seller immediately after that decision, might be expected to realise.

(1) In determining the antecedent value and subsequent value of the land for the purposes of paragraph 1—

(a) regard shall be had to—

(i) in the case of the subsequent value of the land, any contribution which a planning authority might have required or might require as a condition precedent to development of the land,

(ii) any restriction on the development of the land which, without conferring a right to compensation, could have been or could be imposed under any Act or under any order, regulations, rule or bye-law made under any Act,

(iii) the fact that exempted development could have been or can be carried out on the land, and

(iv) the open market value of comparable land, if any, in the vicinity of the land whose values are being determined,

(b) no account shall be taken of—

(i) any part of the value of the land attributable to subsidies or grants available from public moneys, or to any tax or rating allowances in respect of development, from which development of the land might benefit,

(ii) the special suitability or adaptability of the land for any purpose if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any statutory body, provided that any bona fide offer for the purchase of the land which may be brought to the notice of the arbitrator shall be taken into consideration,

(iii) any increase in the value of land attributable to the use thereof or of any structure thereon in a manner which could be restrained by any court, or is contrary to law, or detrimental to the health of the inmates of the structure, or to public health or safety, or to the environment,

(iv) any depreciation or increase in value attributable to the land, or any land in the vicinity, being reserved for a particular purpose in a development plan,

(v) any value attributable to any unauthorised structure or unauthorised use,

(vi) the existence of proposals for development of the land or any other land by a statutory body, or

(vii) the possibility or probability of the land or other land becoming subject to a scheme of development undertaken by a statutory body,

and

(2) In this paragraph “statutory body” means—

(a) a Minister of the Government,

(b) the Commissioners,

(d) the Health Service Executive,

(e) an education and training board,

(f) a board or other body established by or under an enactment,

(g) a company (being a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government,

(h) a company (being a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) in which all the shares are held by a board or other body referred to in clause (f), or a company referred to in clause (g),

(i) the Maritime Area Regulatory Authority, or

(j) the Office of the Planning Regulator.

(1) In assessing the possibilities, if any, for developing the land, for the purposes of determining its antecedent value, regard shall be had only to such reasonable possibilities as, having regard to all material considerations, could be judged to have existed immediately prior to the relevant decision under Part 4.

(2) Material considerations for the purposes of subparagraph (1) shall, without prejudice to the generality thereof, include—

(a) the nature and location of the land,

(b) the likelihood or unlikelihood, as the case may be, of obtaining permission or further permission, to develop the land,

(c) the assumption that, if any permission to develop the land were to be granted, any conditions which might reasonably be imposed in relation to matters referred to in Part 1 of Schedule 5 (but no other conditions) would be imposed, and

(d) any permission to develop the land, not being permission for the development of a kind specified in a notice served under subsection (1) of section 437, already existing at the time of the relevant decision under Part 4.

In determining the subsequent value of the land in a case in which there has been a refusal of permission—

(a) it shall be assumed that, after the refusal, permission under Part 4 would not be granted for any development of a kind specified in a notice served under subsection (1) of section 437, and

(b) regard shall be had to any conditions in relation to matters referred to in Part 1 of Schedule 5 (but no other conditions) which might reasonably be imposed in the grant of permission to develop the land.

In this Part “open market value” means—

(a) in relation to a house, the price that the unencumbered fee simple of the house would fetch if sold on the open market, and

(b) in relation to land in respect of which permission is granted, the price that the unencumbered fee simple of the land would have fetched if it had been sold on the open market on the date of such grant.

PART 2 Maritime Area

The reduction in value shall, subject to the other provisions of this Part, be determined by reference to the difference between the antecedent and subsequent values of the maritime site, where—

(a) the antecedent value of the maritime site is the amount which the maritime site, if sold in the open market by a willing seller immediately prior to the relevant decision under Part 4 (and assuming that the relevant application for permission had not been made), might have been expected to realise, and

(b) the subsequent value of the maritime site is the amount which the maritime site, if sold in the open market by a willing seller immediately after that decision, might be expected to realise.

(1) In determining the antecedent value and subsequent value of the maritime site for the purposes of paragraph 6—

(a) regard shall be had to—

(i) in the case of the subsequent value of the maritime site, any contribution which a planning authority might have required or might require as a condition precedent to development of the maritime site,

(ii) any restriction on the development of the maritime site which, without conferring a right to compensation, could have been or could be imposed under any Act or under any order, regulations, rule or bye-law made under any Act,

(iii) the fact that exempted development could have been or can be carried out on the maritime site, and

(iv) the open market value of comparable maritime sites, if any, in the vicinity of the maritime site whose values are being determined,

(b) no account shall be taken of—

(i) any part of the value of the maritime site attributable to subsidies or grants available from public moneys, or to any tax or rating allowances in respect of development, from which development of the maritime site might benefit,

(ii) the special suitability or adaptability of the maritime site for any purpose if that purpose is a purpose to which it could be applied only in pursuance of statutory powers, or for which there is no market apart from the special needs of a particular purchaser or the requirements of any statutory body, provided that any bona fide offer for the purchase of the maritime site which may be brought to the notice of the arbitrator shall be taken into consideration,

(iii) any increase in the value of the maritime site attributable to the use thereof or of any structure thereon in a manner which could be restrained by any court, or is contrary to law, or detrimental to the health of the inmates of the structure, or to public health or safety, or to the environment,

(iv) any depreciation or increase in value attributable to the maritime site, or any maritime site in the vicinity, being reserved for a particular purpose in a development plan,

(v) any value attributable to any unauthorised structure or unauthorised use,

(vi) the existence of proposals for development of the maritime site or any other maritime site by a statutory body, or

(vii) the possibility or probability of the maritime site or other maritime sites becoming subject to a scheme of development undertaken by a statutory body,

and

(2) In this paragraph “statutory body” means—

(a) a Minister of the Government,

(b) the Commissioners,

(d) the Health Service Executive,

(e) an education and training board,

(f) a board or other body established by or under an enactment,

(g) a company (being a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government,

(h) a company (being a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) in which all the shares are held by a board or other body referred to in clause (f), or a company referred to in clause (g),

(i) the Maritime Area Regulatory Authority, or

(j) the Office of the Planning Regulator.

(1) In assessing the possibilities, if any, for developing the maritime site, for the purposes of determining its antecedent value, regard shall be had only to such reasonable possibilities as, having regard to all material considerations, could be judged to have existed immediately prior to the relevant decision under Part 4.

(2) Material considerations for the purposes of subparagraph (1) shall, without prejudice to the generality thereof, include—

(a) the nature and location of the maritime site,

(b) the likelihood or unlikelihood, as the case may be, of obtaining permission or further permission, to develop the maritime site,

(c) the assumption that, if any permission to develop the maritime site were to be granted, any conditions which might reasonably be imposed in relation to matters referred to in Part 2 of Schedule 5 (but no other conditions) would be imposed, and

(d) any permission to develop the maritime site, not being permission for the development of a kind specified in a notice served under subsection (1) of section 459, already existing at the time of the relevant decision under Part 4.

In determining the subsequent value of the maritime site in a case in which there has been a refusal of permission—

(a) it shall be assumed that, after the refusal, permission under Part 4 would not be granted for any development of a kind specified in a notice served under subsection (1) of section 459, and

(b) regard shall be had to any conditions in relation to matters referred to in Part 2 of Schedule 5 (but no other conditions) which might reasonably be imposed in the grant of permission to develop the maritime site.

10.

In this Part “open market value” means, in relation to a maritime site in respect of which permission is granted, the price that the unencumbered fee simple of the maritime site would have fetched if it had been sold on the open market on the date of such grant.

SCHEDULE 7 Amendment of Acts of the Oireachtas

Section 631

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