Planning and Development Act 2024

Type Act

Publication 2024-10-17

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 637

(7) Subject to subsection (8), where the proposed development to which an application to the Commission for permission for Chapter 4 development relates comprises or is for the purposes of strategic gas infrastructure development or electricity transmission infrastructure development, the Commission may grant an exemption from a requirement to prepare an environmental impact assessment report in respect of the proposed development if it is satisfied that—

(a) exceptional circumstances so warrant,

(b) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and

(8) No exemption may be granted in respect of proposed development under subsection (7) where another Member State of the European Union or a state which is a party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.

129. (1) An application for retrospective consent shall be subject, in addition to the foregoing provisions of this Chapter, to the additional requirements in this section, sections 130, 131, 132 and 133 and Chapters 3 and 4 of Part 6.

(2) Where an application for retrospective consent is made in respect of development that includes development for which permission has been granted, that application may be made in relation to—

(a) that part of the development permitted under the permission which has been carried out at the time of the application, or

(b) subject to subsection (3), that part of the development referred to in paragraph (a) and all or part of the development permitted under the permission which has not yet been carried out at the time of the application.

(3) (a) Where a person applies under this Chapter for retrospective consent for development, that person may also include in the application an application for permission for the following:

(i) other development on the same land or maritime site on which the development that is the subject of the application for retrospective consent is situated;

(ii) other development on land or a maritime site adjoining the land or maritime site on which the development that is the subject of the application for retrospective consent is situated.

(b) Development referred to in subparagraph (i) or (ii) of paragraph (a) is not required to be the same class or description as, the development that is the subject of the application for retrospective consent referred to in that paragraph.

(4) Any environmental impact assessment report (whether submitted with the application or following a screening determination by the Commission under Chapter 4 of Part 6) shall be submitted in respect of the entire development, including any part of the development that has not been carried out at the time of the application.

(5) Any Natura impact statement (whether submitted with the application or following a determination by the Commission under section 212) shall be submitted in respect of the entire development, including any part of the development that has not been carried out at the time of the making of the application.

(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—

(a) the said section 37L,

(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and

shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.

(7) Where an application for substitute consent under section 177E of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision under section 177K in relation to the development to which the application related before such repeal, Part XA shall, notwithstanding that repeal and subject to subsection (12) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.

130. (1) Without prejudice to any other public notice requirements under this Act, an applicant for retrospective consent shall give public notice, in such manner and within such period as may be prescribed—

(a) of the making of the application, and

(b) that the public are entitled to make submissions to the Commission on the application (including submissions as to the existence or absence of exceptional circumstances justifying a grant of retrospective consent) in such manner and within such period as may be prescribed.

(2) Any person (other than the applicant) or a planning authority may make submissions in writing (including submissions as to the existence or absence of exceptional circumstances justifying a grant of retrospective consent) to the Commission in relation to an application for retrospective consent.

(3) A submission under subsection (2) shall be made in such manner and within such period as may be prescribed.

131. (1) The Commission shall not decide to grant retrospective consent under section 123 (whether subject to conditions or not), unless it is satisfied in accordance with section 135 that exceptional circumstances exist that justify the grant of such consent.

(2) Before deciding whether to grant retrospective consent under section 123, the Commission shall, in addition to consideration of the matters to which it is required to have regard pursuant to this Act, also consider the significant effects on the environment, or on a European site, that have occurred, are occurring or could reasonably be expected to occur by reason of the development that is the subject of the application for retrospective consent having been carried out.

(3) Where the Commission decides to grant retrospective consent under section 123, the Commission shall, in the decision and the notice of the decision under section 125, state the main reasons for being satisfied under subsection (1) that exceptional circumstances exist that justify the grant of the consent.

(4) Where an applicant for retrospective consent also applies for permission for development under subparagraph (i) or (ii) of paragraph (a) of subsection (3) of section 129, the Commission shall not grant permission for that development unless it also grants the retrospective consent.

(5) Where the Commission decides to grant retrospective consent under section 123, the Commission may, in addition to such conditions as may be attached under section 87, attach conditions requiring the taking of measures to remedy any significant adverse effects on the environment of the development and fixing a time within which such measures are to be taken.

132. (1) Where the Commission has received an application for retrospective consent made in accordance with section 120 and is considering that application, it may serve on the applicant a draft direction requiring the applicant to cease, within the period specified in the draft direction, all or part of the applicant’s activity or operations on or at the site of the development the subject of the application, pending the determination of the application.

(2) The applicant may make a submission to the Commission in relation to the draft direction before the end of the period of 2 weeks beginning on the date of receipt of the draft direction as to the reasons why, in the applicant’s opinion, the draft direction should not be confirmed, having regard to the likely significant effects or lack of significant effect on the environment or on European sites should activity or operations continue pending the determination of the application.

(3) The Commission shall consider any submission submitted to it under subsection (2) and may do one of the following:

(a) serve notice on the applicant confirming the draft direction;

(b) give a direction to the applicant varying the draft direction (a “varied direction”);

and shall send a copy of the direction as confirmed, or varied direction, to the appropriate planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.

(4) Particulars of the giving, variation or withdrawal of a direction under this section shall be entered in the register.

(5) A person who fails to comply with—

(a) a direction as confirmed by a notice served on the person, or

(b) a varied direction given to the person,

by the Commission under subsection (3) within the time specified in the direction shall be guilty of an offence.

133. (1) Where the Commission decides under section 123 to refuse to grant retrospective consent, it may serve a draft direction on the applicant concerned requiring the applicant to cease all activities and operations and take such remedial measures, within the period specified in the draft direction, as the Commission considers are necessary—

(a) to restore the site on or at which the development to which the application relates is situated, to a safe and environmentally sustainable condition, or

(b) to avoid, in a European site, the deterioration of natural habitats and the habitats of species or the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant having regard to the objectives of the Habitats Directive.

(2) A draft direction referred to in subsection (1) shall give the reasons why the Commission considers that the specified remedial measures are necessary and shall inform the applicant on whom the draft direction is served that the applicant may make submissions to the Commission in relation to the draft direction before the end of the period of 4 weeks beginning on the date of service of the draft direction.

(3) Where the Commission serves a draft direction on an applicant under subsection (1), it shall at the same time send a copy of the draft direction to the appropriate planning authority and shall inform the planning authority that it may make submissions to the Commission in relation to the draft direction before the end of the period of 4 weeks beginning on the date of service of the draft direction.

(4) A draft direction served under subsection (1) shall require the person on whom the draft direction is served—

(a) to take the remedial measures specified in the draft direction,

(b) to keep records of the remedial measures being carried out in accordance with the draft direction,

(c) to carry out the remedial measures in such order, specified in the draft direction, as the Commission considers appropriate,

(d) to comply with any requirements relating to monitoring and inspection, by the appropriate planning authority, of the remedial measures specified in the draft direction, and

(e) to carry out the remedial measures within the period of time specified in the draft direction.

(5) The Commission shall consider any submissions in relation to the draft direction made to it, before the end of the period of 4 weeks beginning on the date of service of the draft direction by the applicant to whom the draft direction was issued or the appropriate planning authority and shall, as soon as may be thereafter do one of the following—

(a) serve notice on the applicant confirming the draft direction,

(b) give a direction to the applicant varying the draft direction (a “varied direction”), or

and shall send a copy of the draft direction, as so confirmed or varied to the appropriate planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.

(6) Particulars of the giving, variation or withdrawal of a draft direction under this section shall be entered in the register.

(7) A person who fails to comply with—

(a) a direction as confirmed by a notice served on the person, or

(b) a varied direction given to the person,

by the Commission under subsection (5) within the period specified in the direction shall be guilty of an offence.

(8) A direction or draft direction under this section shall not require the taking of remedial measures in relation to a development to which subsection (3) of section 353 applies that was carried out more than 7 years before the commencement of this subsection.

(9) Where requirements relating to monitoring and inspection of remedial measures by a planning authority are specified in a direction under this section, the planning authority shall carry out the monitoring and inspection in accordance with the direction.

(10) Notwithstanding the repeal of section 177L of the Act of 2000 by section 6, that section shall, on and after that repeal, continue to apply and have effect in relation to—

(a) a draft direction under subsection (1) of the said section 177L given before that repeal, or

(b) a direction under subsection (5) of the said section 177L issued before that repeal.

134. (1) Where a development is being carried out in compliance with a grant of retrospective consent and any condition to which the retrospective consent is subject it shall be deemed to be authorised development.

(2) Where a development has not been or is not being carried out in compliance with a grant of retrospective consent or any condition to which the retrospective consent is subject it shall, notwithstanding any other provision in this Act, be unauthorised development.

(3) Where the Commission decides under section 123 to refuse to grant retrospective consent (other than on the basis that retrospective consent is not required) the development concerned shall, notwithstanding any other provision in this Act, be deemed to be unauthorised development and the appropriate planning authority shall, as soon as may be after receipt of a copy of the decision to refuse consent from the Commission, serve an enforcement notice under section 350 in relation to the development.

(4) Where the Commission has served a direction to cease activities and operations and to take remedial measures under section 133 and the applicant has failed to comply with such a direction, the appropriate planning authority shall, as soon as may be after receipt of a copy of the Commission’s direction, serve an enforcement notice under section 350 requiring the taking of any additional steps as the planning authority considers appropriate.

(5) Land or a maritime site upon which unauthorised development referred to in subsection (2) or in respect of which subsection (4) applies has been carried out shall not be the subject of further applications for permission under this Act, until any remedial action required by a direction served under section 133 is complete.

(6) In subsections (4) and (5), references to a direction served under section 133 are to a draft direction confirmed by notice served, or a varied direction given, under subsection (5) of section 133.

135. Exceptional circumstances

135. In considering whether exceptional circumstances exist under subsection (1) of section 131, the Commission shall have regard to the following:

(a) whether or not regularisation of the development concerned would circumvent the purpose and objectives of the Environmental Impact Assessment Directive or the Habitats Directive;

(b) whether or not the applicant had, or could reasonably have had, a belief that the development was not unauthorised;

(c) whether or not the ability to carry out an assessment of the environmental effects of the development for the purpose of an environmental impact assessment or an appropriate assessment and to provide for public participation in such an assessment has been substantially impaired;

(d) the actual or likely significant effects on the environment or adverse effects on the integrity of a European site resulting from the carrying out or continuation of the development;

(e) the extent to which significant effects on the environment or adverse effects on the integrity of a European site can be remediated;

(f) whether or not the applicant has complied with previous planning permissions granted or has previously carried out an unauthorised development;

(g) such other matters as the Commission considers relevant.

136. Continued application of section 146B of Act of 2000 for certain purposes

136. Where a request under section 146B of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the request before that repeal, the said section 146B and sections 146C, 146CA and 146D of that Act shall, on and after that repeal, continue to apply and have effect in relation to the request.

137. Opinion under section 287 of Act of 2000 deemed to be Chapter 4 PAC notification

137. Where an opinion is provided to a prospective applicant (within the meaning of Chapter III of Part XXI of the Act of 2000) under subsection (2) of section 287 of the Act of 2000 but the prospective applicant does not make an application under section 291 of that Act in relation to the development concerned before the repeal of the said section 291 by section 6, the opinion shall, on and after that repeal, be deemed to be a Chapter 4 PAC notification.

Chapter 5

138. Interpretation

138. (1) In this Chapter—

“deciding authority” means—

(a) in relation to a permission granted by a planning authority under Chapter 3 or under Part III of the Act of 2000, that planning authority,

(b) in relation to a permission granted by the Commission under Chapter 4, the Commission,

(c) in relation to a permission granted by the Commission under section 109 on appeal from a decision of a planning authority under Chapter 3, that planning authority,

(d) in relation to a permission granted by An Bord Pleanála under Part III of the Act of 2000 otherwise than on appeal from a decision of a planning authority, the Commission,

(e) in relation to a permission granted by An Bord Pleanála under Part III of the Act of 2000 on appeal from a decision of a planning authority, that planning authority, and

(f) in relation to a permission granted by An Bord Pleanála under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, the planning authority in whose functional area the development to which the permission relates is situated or proposed to be situated;

“material alteration” means an alteration or extension of the duration of a permission requested under section 140—

(a) that requires an appropriate assessment,

(b) that requires an environmental impact assessment,

(c) the request for which is accompanied by an environmental impact assessment report or a Natura impact statement, or both, in respect of the alteration or extension, or

(d) subject to subsection (2), that the deciding authority determines under subsection (7) of section 140 constitutes an alteration of the terms or extension of the duration of the permission that is otherwise material;

“material alteration request” has the meaning it has in subsection (1) of section 143;

“permission” includes a permission granted under the Act of 2000 or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 but does not include outline permission within the meaning of section 96;

“term” includes, in relation to a permission, a condition attaching to that permission.

(2) Without prejudice to the generality of paragraph (d) of the definition of material alteration in subsection (1), the following matters shall not, for the purposes of that paragraph, be determined to constitute an alteration of the terms or extension of the duration of a permission that is otherwise material—

(a) a correction of a clerical error in the permission,

(b) an alteration of the terms of the permission for the purpose of facilitating the doing of a thing pursuant to the permission, where the doing of that thing may reasonably be regarded as having been contemplated by a particular term of the permission, or its terms as a whole, but was not expressly provided for in the permission, or

139. Consultation before request under section 140

139. (1) A person may apply for a consultation with the deciding authority prior to making a request under section 140.

(2) An application under subsection (1) shall be accompanied by—

(a) sufficient information to allow the deciding authority to carry out its functions under this section,

(b) where the deciding authority—

(i) is a planning authority, such fee as may be prescribed, or

(ii) is the Commission, such fee as may be payable under section 381,

and

(3) The deciding authority shall enter into the consultation as expeditiously as practicable after the making of an application under subsection (1), unless it is of the opinion that the consultation is unnecessary having regard to the nature and scope of the alteration or extension proposed to be requested under section 140.

(4) In a consultation the deciding authority may, in addition to consulting with the person who made the application under subsection (1), consult with any person who may in its opinion have information that is relevant for the purposes of the consultation.

(5) In a consultation the deciding authority may do one or more than one of the following:

(a) advise the person who made the application under subsection (1) as to the procedures and requirements under this Act relevant to the making and considering of a request under section 140;

(b) in so far as possible, indicate the objectives of the following that may, in the opinion of the deciding authority, have a bearing on its decision:

(i) the development plan, and any applicable urban area plan, priority area plan or coordinated area plan that applies to the land where it is proposed to carry out the proposed development;

(ii) where the request relates to proposed development in the maritime area, the National Marine Planning Framework;

(c) advise the person who made the application under subsection (1) regarding the considerations, related to the following matters, that may, in the opinion of the deciding authority, have a bearing on its decision:

(i) the impact of the proposed development on the environment;

(ii) proper planning and sustainable development;

(iii) where the consultation relates to proposed development in the maritime area or maritime development, maritime spatial planning;

(d) on the request of the person who made the application under subsection (1), provide an opinion to him or her as to the adequacy of the documents intended to be submitted with the request under section 140.

140. Request for alteration or extension of permission

140. (1) Subject to subsection (2), a person may—

(a) request the deciding authority to alter the terms of a permission, provided that any part of the development to which the permission relates that has been carried out is in compliance with the permission, or

(b) subject to subsection (13), request the deciding authority to extend the duration of a permission, provided that—

(i) the request is made prior to the date of expiration of the permission, and

(ii) the development to which the permission relates has commenced.

(2) Section 85 shall apply to a request under subsection (1) subject to—

(a) the modification that the references in subsections (1) and (3) of section 85 to an application for permission for land-based development under Chapter 3 or 4 shall be construed as references to a request under subsection (1) to alter or extend the duration of a permission for land-based development,

(b) the modification that the references in subsections (2) and (4) of section 85 to an application for permission for maritime development under Chapter 3 or 4 shall be construed as references to a request under subsection (1) to alter or extend the duration of a permission for maritime development, and

(3) A request under subsection (1) shall specify—

(a) the particulars of the alteration requested,

(b) the period of the extension requested, or

and shall be accompanied by—

(i) sufficient information to allow the deciding authority to assess the request, and

(ii) where the deciding authority—

(I) is a planning authority, such fee as may be prescribed, or

(II) is the Commission, such fee as may be payable under section 381,

and

(iii) such documents or information as may be prescribed.

(4) The Minister may prescribe the period prior to the date of expiration of the permission within which a request under paragraph (b) of subsection (1) may be made.

(5) Subject to subsection (6), a request under subsection (1) that is not in accordance with this section or such regulations as are made for the purposes of this section shall be invalid.

(6) Where the deciding authority determines, at any time before the deciding authority makes an alteration of the terms or grants an extension of the duration of a permission under subsection (1) of section 142 or makes a decision under subsection (1) of section 143 in relation to the request, that the request was not made in accordance with this section or regulations made for the purposes of this section then—

(a) if it is satisfied that the failure to make the request in accordance with those enactments—

(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the request, and

(ii) has not otherwise materially affected the ability of the deciding authority to determine the request, or carry out any appropriate assessment or environmental impact assessment in relation to the request,

it shall treat the request as valid, or

(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a), it shall treat the request as invalid and declare it to be so.

(7) Where an alteration or extension requested under subsection (1) is not a material alteration within the meaning of paragraph (a), (b) or (c) of the definition of material alteration in section 138, the deciding authority shall, as soon as practicable after the making of the request, determine whether the alteration or extension is a material alteration within the meaning of paragraph (d) of that definition.

(8) Before making a determination under subsection (7), the deciding authority may invite submissions on the alteration or extension to be made to it in writing by such person or class of person, including the public, as the deciding authority considers appropriate, and the deciding authority shall have regard to such submissions in making the determination.

(9) A deciding authority shall give notice, in such form and manner as may be prescribed, that a request under subsection (1) is a material alteration request to—

(a) the person who made the request, and

(b) any person who made submissions under subsection (8).

(10) Following receipt of a notice under subsection (9), the person who made the request shall comply with such requirements to give notice of the request to the public as may be prescribed.

(11) Where the deciding authority is the Commission, it shall notify the following of the receipt of a request under subsection (1):

(a) where the permission relates primarily to land, the planning authority in whose functional area the development the subject of the permission is situated or proposed to be situated;

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

(12) Particulars of a request under subsection (1) shall be entered in the register.

(13) Where an application under section 42 of the Act of 2000 was made before the repeal of that section by section 6 but—

(a) the planning authority did not make a decision in relation to the application before such repeal, or

(b) on appeal from a decision of a planning authority under the said section 42, the Board did not make a decision in relation to the appeal before such repeal,

the said section 42 and section 43 of that Act shall, on and after that repeal, continue to apply and have effect in relation to the application.

(14) Notwithstanding the repeal of section 42 of the Act of 2000, effected by section 6, the said section 42 and section 43 of the Act of 2000 shall, during the period of 3 years commencing on the passing of this Act, continue to apply and have effect in relation to—

(a) a permission granted under the Act of 2000, and

(b) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016.

141. Limitations on extension of duration of permission

141. (1) The duration of a permission shall not be extended under this Chapter (whether the extension is a material alteration or not) more than once.

(2) Where the duration of a permission is extended under this Chapter, the period of the extension shall be less than or equal to the duration of the permission being extended.

(3) Subject to subsection (2), where the duration of a permission is extended under this Chapter, the period of the extension shall be no longer than the deciding authority considers necessary to enable the development to which the permission relates to be completed.

142. Non-material alteration of permission

142. (1) Subject to this Part, where an alteration or extension requested under subsection (1) of section 140 is not a material alteration, the deciding authority shall alter the permission, or extend the duration of the permission, as requested.

(2) The deciding authority shall, as soon as practicable after making the alteration or granting the extension under subsection (1), notify the person who made the request under subsection (1) of section 140 of the alteration or extension.

(3) Where the deciding authority is the Commission, it shall notify the following of the alteration or extension:

(a) where the permission relates primarily to land, the planning authority in whose functional area the development the subject of the permission altered or extended is situated or proposed to be situated;

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

143. Material alteration of permission

143. (1) Subject to this Part and Part 6, the deciding authority may, in relation to a request under section 140 to make an alteration or grant an extension that is a material alteration (in this Chapter referred to as a “material alteration request”), decide to—

(a) make the alteration, or grant the extension, subject to such conditions (if any) as may be imposed under section 87,

(b) make the alteration or grant the extension, subject to such modifications to the terms of the alteration or to the duration of the extension, as the case may be, as the deciding authority considers appropriate, and such conditions (if any) as may be imposed under section 87, or

(2) For the purpose of making a decision under subsection (1) the deciding authority shall have regard to any submissions made in accordance with section 144 or 145, as the case may be.

(3) In making a decision under subsection (1) in relation to a material alteration request to alter or extend a permission for maritime development, the deciding authority shall, in addition to the matters set out in section 86, have regard to—

(a) any social or economic benefit that would likely accrue to the State or a part of the State by virtue of the making of the alteration or granting of the extension requested,

(b) contractual commitments entered into by the person who made the material alteration request in relation to the development concerned, and

(4) A deciding authority shall give notice of a decision under subsection (1) in such form and manner, and to such persons, as may be prescribed.

(5) A notice under subsection (4) shall—

(a) state the main reasons and considerations for the decision,

(b) state the main reasons for the imposition of any conditions under section 87,

(c) where the deciding authority decides to make an alteration or grant an extension in accordance with section 148, state the main reasons and considerations for the decision in material contravention of the development plan or National Marine Planning Framework, as the case may be,

(d) where a decision is made to alter or extend a permission and an environmental impact assessment is required—

(i) state that the deciding authority is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision was made, and

(ii) include a summary of—

(I) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(II) the information collected for the purposes of the environmental impact assessment,

(III) submissions (if any) received from a Transboundary Convention state, and

(IV) the manner in which the outcome, the information and such submissions were taken account of in the making of the decision,

and

(e) where the decision does not follow a recommendation in a report prepared by a person assigned to report on the material alteration request on behalf of the deciding authority, specify the main reasons for not following the recommendation.

(6) Where the deciding authority is—

(a) a planning authority, subsection (4) of section 100 shall apply as if the notice of a decision referred to in that subsection were a notice of a decision referred to in subsection (4), or

(b) the Commission, subsection (7) of section 125 shall apply as if the notice of a decision referred to in that subsection were a notice of a decision referred to in subsection (4).

(7) An appeal may be made under Chapter 3 against a decision of a planning authority under subsection (1) as if the decision was a decision under section 98, and Chapter 3 shall apply accordingly for the purposes of such an appeal, subject to the following modifications—

(a) any such appeal shall be confined to an appeal regarding the alteration or extension requested, and references to the development or proposed development shall be construed as references to the alteration or extension requested,

(b) a reference to a decision of the planning authority under section 98, shall be construed as a reference to the decision of the planning authority under subsection (1),

(c) a reference to a decision granting permission or a decision to grant permission shall be construed as a reference to a decision to make an alteration or grant an extension of the duration of the permission under subsection (1), as the case may be,

(d) a reference to a decision refusing permission or a decision to refuse to grant permission shall be construed as a reference to a decision to refuse to make an alteration or grant an extension of the duration of the permission under subsection (1),

(e) a reference to an applicant for permission shall be construed as a reference to the person who made the request referred to in subsection (1),

(f) a reference to a planning application or application for permission shall be construed as a reference to the request referred to in subsection (1), other than in subsection (3) of section 109 where the reference to the “application for permission concerned” shall be construed as a reference to the application for permission the subject of the request referred to in subsection (1),

(g) paragraph (b) of subsection (4) of section 103, and subsections (5) and (6) of section 103 shall not apply,

(h) in section 109, a reference to modifications to the proposed development shall be construed as modifications to the alteration or modifications to the extension the subject of the request referred to in subsection (1),

(i) in section 110, a reference to section 99 shall be construed as a reference to section 148, and the reference to subsection (3) of section 99, shall be construed as a reference to subsection (4) of section 148, and

(j) all other necessary modifications.

(8) (a) Where—

(i) a planning authority decides to make an alteration or grant an extension under subsection (1),

(ii) the decision concerned is not appealed under subsection (7), and

(iii) no application for leave to appeal the decision under this Part is made,

the planning authority shall make the alteration or grant the extension as soon as may be after the expiration of the period for the bringing of an appeal from the decision.

(b) Where—

(i) a planning authority decides to make an alteration or grant an extension under subsection (1),

(ii) the decision is appealed under subsection (7) or an application for leave to appeal the decision under this Part is made, and

(iii) the appeal or application for leave to appeal is withdrawn, or dismissed or refused by the Commission,

the planning authority shall make the alteration or grant the extension as soon as may be after the withdrawal, dismissal or refusal, and where more than one appeal from the decision is brought or more than one such application is made, the planning authority shall not make the alteration or grant the extension unless and until all such appeals or applications are so withdrawn, dismissed or refused.

(i) a planning authority decides to make an alteration or grant an extension under subsection (1), and

(ii) on appeal under subsection (7) from the decision, the Commission gives a direction under section 112,

the planning authority shall make the alteration or grant the extension as soon as may be after the date of the direction.

(9) Where the deciding authority is the Commission and it decides to make an alteration or grant an extension under subsection (1), it shall make the alteration or grant the extension as soon as practicable after the making of the decision.

(10) Where the deciding authority is the Commission, it shall notify the planning authority in whose functional area the development the subject of the permission altered or extended is situated or proposed to be situated of the alteration or extension.

(11) Particulars of the making of an alteration or granting of an extension under section 142 or this section, or by the Commission on an appeal under subsection (7), and, where applicable, of compliance with the requirements of section 148, shall be entered in the register.

144. Procedural powers of planning authority in relation to material alteration request

144. (1) Where the deciding authority is a planning authority, any person may, upon payment of the prescribed fee, make a submission in writing to a planning authority in relation to a material alteration request, in such manner and within such period as may be prescribed.

(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before making a decision on a material alteration request, a planning authority may request the person who made the material alteration request to submit, in such manner and within such period as may be prescribed—

(a) further information to the planning authority where, in the opinion of the planning authority, that information is necessary to enable it to make the decision, or

(b) revised particulars, plans or drawings in relation to the development or proposed development, where the planning authority is considering making the alteration or granting the extension subject to the person submitting such revised particulars, plans or drawings.

(3) Without prejudice to subsection (1) of section 235, where the planning authority receives submissions, further information, or revised particulars, plans or drawings under subsection (1) or (2), or any other provision of this Act or regulations under this Act that it considers contain or contains additional material information (including information in relation to the effect of the proposed development on a European site or otherwise on the environment), it shall—

(a) make the additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and

(b) notify the person who made the material alteration request that he or she is required to give notice (in such manner and within such period as may be prescribed) to the public—

(i) that the additional material information is available for inspection,

(ii) of the place where the additional material information may be inspected, and

(iii) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed.

(4) Where the person who made the material alteration request fails to submit the further information in accordance with paragraph (a) of subsection (2) or fails to comply with a requirement under paragraph (b) of subsection (3) within such period as may be prescribed, the material alteration request shall be deemed to have been withdrawn.

(5) Where the person who made the material alteration request fails to submit the revised particulars, plans or drawings referred to in paragraph (b) of subsection (2) within such period as may be prescribed, the planning authority may—

(a) extend that period, where it considers it appropriate to do so, or

(b) without further notice to the person, consider, and perform its functions in relation to, the material alteration request as if the person had not been requested to submit the revised particulars, plans or drawings under paragraph (b) of subsection (2).

145. Procedural powers of Commission in relation to material alteration request

145. (1) Where the deciding authority is the Commission, any person may, upon payment of such fee as is payable in accordance with section 381, make a submission in writing to the Commission in relation to a material alteration request, in such manner and within such period as may be prescribed.

(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235, before making a decision on a material alteration request, the Commission may, in such manner and within such period as may be prescribed—

(a) request the person who made the material alteration request to submit further information to the Commission, where in the opinion of the Commission that information is necessary to enable it to make the decision,

(b) request the person who made the material alteration request to submit revised particulars, plans or drawings in relation to the development, where the Commission is considering making the alteration or granting the extension under section 143 subject to the person submitting such revised particulars, plans or drawings,

(c) request that further submissions be made to it, within such period as may be prescribed, by the person who made the material alteration request, any person who made submissions, or any other person who may, in the opinion of the Commission, have information which is relevant to the decision,

(d) where a material alteration request relates to development that consists, or is for the purpose, of an activity for which—

(i) an industrial emissions licence,

(ii) an integrated pollution control licence,

(iii) a waste licence,

(iv) a waste water discharge licence, or

(v) an abstraction licence,

is required, request the Environmental Protection Agency to make submissions in relation to the proposed material alteration,

(e) without prejudice to subsection (5), make any information relating to the material alteration request available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions to be made to it within such period as it may specify,

(f) hold meetings with the person who made the material alteration request or any other person where it appears to the Commission to be necessary or expedient to do so for the purpose of—

(i) making the decision, or

(ii) resolving any issue with the material alteration request or any disagreement between the person who made the material alteration request and any other person, including resolving any issue or disagreement in advance of an oral hearing,

(g) hold an oral hearing in accordance with sections 369 and 370.

(3) Where the Commission holds a meeting in accordance with paragraph (f) of subsection (2), it shall keep a written record of the meeting.

(4) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint a person to hold a meeting referred to in paragraph (f) of subsection (2).

(5) Where the Commission receives submissions, further information, or documents under subsection (1) or (2), or any other provision of this Act or regulations under this Act, that it considers contain or contains additional material information, including information in relation to the impact of the proposed development on the environment, it shall—

(a) make that additional material information available to the public for inspection (to the extent that such information is not already available for inspection by the public) in such manner and within such period as may be prescribed, and

(b) notify the person who made the material alteration request that he or she is required, in such manner and within such period as may be prescribed, to give notice to the public—

(i) that the additional material information is available for inspection and of the place where it may be inspected, and

(ii) that the public are entitled to make submissions on the additional material information, within such period as may be prescribed.

(6) Where a person who made the material alteration request fails to submit the further information referred to in paragraph (a) of subsection (2) within such period as may be prescribed, the Commission may treat the request as having been withdrawn.

(7) Where a person who made the material alteration request fails to submit the revised particulars, plans or drawings referred to in paragraph (b) of subsection (2) or make the further submissions referred to in paragraph (c) of subsection (2) within such period as may be prescribed, the Commission may—

(a) extend that period, where it considers it appropriate to do so, or

(b) decide the material alteration request without further notice to the person who made the material alteration request.

(8) Where a person who made the material alteration request fails to comply with a requirement referred to in paragraph (b) of subsection (5) within such period as may be prescribed, the Commission may—

(a) extend that period, where it considers it appropriate to do so, or

(b) treat the material alteration request as having been withdrawn.

146. Time limits for deciding material alteration request where deciding authority is planning authority

146. (1) Where the deciding authority is a planning authority, it shall make a decision under subsection (1) of section 143 in relation to a material alteration request, before the expiration of—

(a) the relevant period, or

(b) such longer period as the person who made the material alteration request may consent to under subsection (2).

(2) A person who made a material alteration request may, before the expiration of the relevant period, consent in writing to the extension of the period for making a decision in relation to the material alteration request under subsection (1) of section 143.

(3) Where the planning authority fails to make a decision in relation to a material alteration request under subsection (1) of section 143 within the relevant period or such longer period as the person who made the material alteration request may consent to under subsection (2), it shall notify the person who made the material alteration request of that fact as soon as may be—

(a) stating why it has not been possible to make a decision within that period,

(b) specifying the additional period required by the planning authority to make a decision in relation to the material alteration request (which shall not exceed 4 weeks from the expiration of the relevant period, or such longer period as may be consented to under subsection (2)), and

(c) seeking the consent of the person to an extension of the time within which the planning authority shall make its decision.

(4) If the person who made the material alteration request notifies the planning authority that he or she consents to an extension of time sought in a notice under subsection (3), the planning authority shall make a decision in relation to the material alteration request as soon as may be and before the expiration of the period specified in that notice.

(5) If, within such period as may be prescribed, the person who made the material alteration request notifies the planning authority that he or she does not consent to an extension of time sought in a notice under subsection (3), the material alteration request shall be deemed to be refused, and the person who made that material alteration request may appeal that deemed refusal to the Commission under section 103 as if it were a deemed refusal referred to in subsection (5) of section 101, and Chapter 3 shall apply for the purposes of that appeal accordingly, subject to the modifications referred to in subsection (7) of section 143.

(6) If the person who made the material alteration request fails to notify the planning authority, within the period referred to in subsection (5), as to whether or not he or she consents to the extension of time sought in the notice under subsection (3), the person who made the material alteration request shall be deemed to have consented to that extension of time.

(7) Where a material alteration request is deemed to have been refused under subsection (5), the planning authority shall—

(a) where the person who made the material alteration request does not appeal the deemed refusal to the Commission, repay to the person all fees paid to the planning authority by the person in respect of the material alteration request, and

(b) where the person appeals the deemed refusal to the Commission, repay to the person all fees paid to the planning authority by the person in respect of the material alteration request and repay to the person any fees paid to the Commission by the person in respect of the appeal.

(8) (a) Where the person who made the material alteration request consents to an extension of time sought in a notice under subsection (3) and the planning authority fails to make a decision in relation to the material alteration request within the period specified in that notice, it shall—

(i) repay to the person all fees paid to the planning authority by the person in respect of the material alteration request,

(ii) pay to the person the additional sum in not more than 5 instalments, and

(iii) subject to subsection (9), make a decision in relation to the material alteration request as soon as may be thereafter.

(b) In paragraph (a), “additional sum” means the lesser of the following:

(i) such sum as is equal to 3 multiplied by the sum of the fees paid to the planning authority by the person under subparagraph (I) of paragraph (ii) of subsection (3) of section 140 in respect of the material alteration request, and

(ii) €10,000.

(9) Where the person who made the material alteration request consents to an extension of time sought in a notice under subsection (3) and the planning authority fails to make a decision in relation to the material alteration request within the period specified in that notice, the person who made the material alteration request may notify the planning authority in writing that it does not consent to the planning authority making a decision in relation to the material alteration request after the expiration of that period.

(10) Where the planning authority receives a notification under subsection (9)—

(a) the material alteration request shall be deemed to have been refused by the planning authority on the date of the notification, and

(b) the person who made the material alteration request may appeal that deemed refusal to the Commission under section 103 as if it were a deemed refusal referred to in paragraph (b) of subsection (7) of section 101 and Chapter 3 shall apply accordingly to the appeal, subject to the modifications referred to in subsection (7) of section 143.

(11) Where the person who made the material alteration request brings an appeal under paragraph (b) of subsection (10), the planning authority shall repay to the person any fees paid by the person who made the material alteration request to the Commission in respect of that appeal.

(12) A failure by a planning authority to make a decision under subsection (1) of section 143 within the period or periods provided for under this section shall not invalidate the decision of the planning authority under that subsection.

(13) Provision may be made by regulations for periods that shall be disregarded in reckoning any period for the purpose of subsection (1).

(14) A planning authority shall include in its annual report in accordance with section 221 of the Act of 2001—

(a) the number of material alteration requests decided by it within the relevant period,

(b) the number of material alteration requests made to it but not decided by it within that period,

(c) the number of material alteration requests deemed refused by it pursuant to subsection (5), and the number of payments made by it pursuant to subsection (7) and the aggregate value of all such payments,

(d) the number of payments made by it pursuant to subsection (8) and the aggregate value of all such payments, and

(e) the number of payments made by it pursuant to subsection (11) and the aggregate value of all such payments.

(15) In this section “relevant period”, in relation to a material alteration request, means—

(a) where neither an appropriate assessment nor an environmental impact assessment is required—

(i) 8 weeks from the date of the notice that the request is a material alteration request under paragraph (a) of subsection (9) of section 140,

(ii) where the planning authority makes one or more than one request under subsection (2) of section 144, 4 weeks from the earlier of the following dates:

(I) the date by which the request or requests under subsection (2) of section 144, as the case may be, is or are fully complied with;

(II) the date by which the request or requests under subsection (2) of section 144, as the case may be, is or are required to be fully complied with,

(iii) where subsection (3) of section 144 applies, 4 weeks from the date of the expiration of the prescribed period referred to in subparagraph (iii) of paragraph (b) of subsection (3) of section 144, or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

(b) where an appropriate assessment or an environmental impact assessment is required—

(i) 12 weeks from the date by which all submissions are required to have been given to the planning authority in accordance with this Part and Part 6 in relation to the proposed development, or

(ii) where the planning authority makes one or more than one request under subsection (2) of section 144, paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the material alteration request, 8 weeks from the earlier of the following dates:

(I) the date by which the request or requests under section 144, 217, or 235, as the case may be, is or are fully complied with;

(II) the date by which the request or requests under section 144, 217, or 235, as the case may be, is or are required to be fully complied with,

(iii) where subsection (3) of section 144 applies, 8 weeks from the date of the expiration of the prescribed period referred to in subparagraph (iii) of paragraph (b) of subsection (3) of section 144, or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last.

147. Time limits for deciding material alteration request where deciding authority is Commission

147. (1) Where the deciding authority is the Commission, it shall make a decision under subsection (1) of section 143 in relation to a material alteration request, before the expiration of—

(a) the relevant period, or

(b) such longer period from the date of the material alteration request as the person who made the request may consent to in accordance with subsection (2).

(2) Where, within the relevant period, the person who made the material alteration request gives to the Commission his or her consent in writing to the extension of the relevant period—

(a) the period under subsection (1) for making the decision in relation to the material alteration request shall be extended for the period consented to by the person, and

(b) the Commission shall publish a notice on its website stating the period as extended and the reasons for the extension of the period.

(3) The Minister may prescribe periods that are to be disregarded in reckoning any period for the purpose of subsection (1).

(4) (a) Where the Commission fails to make a decision under subsection (1) of section 143 on a material alteration request within the relevant period, or such longer period as is consented to under subsection (2), it shall—

(i) determine the material alteration request notwithstanding that the period has expired,

(ii) notify the person who made the material alteration request of—

(I) the reasons why it has not made a decision within that period,

(II) the period within which it shall make that decision (which shall not exceed 6 weeks from the date of the expiration of the relevant period, or such longer period as may be consented to under subsection (2)),

and

(iii) publish a notice on its website of the reasons and period referred to in subparagraph (ii).

(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision under subsection (1) of section 143, it shall—

(i) make the decision notwithstanding that the period has expired,

(ii) notify the person who made the material alteration request of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it shall make that decision (which shall not exceed 6 weeks from the date of the expiration of the period first mentioned in this paragraph),

and

(iii) publish a notice on its website of—

(I) the reasons and period referred to in subparagraph (ii), and

(II) the sum paid to the person who made the material alteration request in accordance with subparagraph (iv),

and

(iv) pay to the person who made the material alteration request a sum equal to such proportion of the fees paid to the Commission as may be prescribed.

(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision under subsection (1) of section 143, it shall—

(i) make the decision notwithstanding that the period has expired,

(ii) notify the person who made the material alteration request of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it shall make that decision (which shall not exceed one week from the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on its website of the reasons and period referred to in subparagraph (ii), and

(iv) notify the Minister and the Office of the Planning Regulator that it has not made the decision within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b).

(d) The Minister may, upon his or her receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to—

(i) conduct a review of the performance by the Commission of its functions under this Act, and

(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review.

(5) A sum payable under subparagraph (iv) of paragraph (b) of subsection (4) shall be paid not later than 4 weeks after the expiration of the period for the making of the decision on the material alteration request referred to in clause (II) of subparagraph (ii) of paragraph (a) of that subsection.

(6) A failure by the Commission to make a decision under subsection (1) of section 143 within the period or periods provided for under this section shall not invalidate the decision of the Commission under that subsection.

(7) Where the Minister considers it necessary or expedient that decisions under subsection (1) of section 143, in relation to material alteration requests of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of their being of special strategic, economic or social importance to the State, he or she may give a direction to the Commission to give priority to the making of such decisions, and the Commission shall comply with any such direction.

(8) Each annual report under section 522 shall contain a statement of—

(a) the number of material alteration requests decided under subsection (1) of section 143,

(b) the number of material alteration requests decided within—

(i) the relevant period,

(ii) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (4),

(iii) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (4), and

(iv) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (4),

during the period to which the report relates,

(c) the number and the aggregate amount of all sums (if any) payable, and the number and the aggregate amount of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (4),

(d) the number of notifications under subsection (4), and

(e) such other information as to the time taken to determine material alteration requests under this Chapter as the Minister may direct.

(9) In this section “relevant period”, in relation to a material alteration request, means—

(a) in a case—

(i) where submissions are required to be given to the Commission in accordance with this Chapter or Part 6 in relation to the proposed development, 18 weeks from the date by which all such submissions are required to be given,

(ii) where the Commission makes a request or more than one request for further information, documents or submissions under subsection (2) of section 145, paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the material alteration request, 6 weeks from the earlier of the following dates—

(I) the date by which the request or requests under section 145, 217 or 235, as the case may be, is or are fully complied with, or

(II) the date by which the request or requests under section 145, 217 or 235, as the case may be, is or are required to be fully complied with,

(iii) where subsection (5) of section 145 applies, 6 weeks from the date of the expiration of the period prescribed under subparagraph (ii) of paragraph (b) of subsection (5) of section 145, or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

(b) in relation to a material alteration request in respect of which an oral hearing is held under paragraph (g) of subsection (2) of section 145, and notwithstanding paragraph (a), 12 weeks from the date of the conclusion of the oral hearing.

148. Material contravention of development plan or National Marine Planning Framework

148. (1) Subject to subsections (2) and (12), a deciding authority shall refuse to alter or extend a permission under section 142 or 143 where—

(a) the development or proposed development is, or is proposed to be, situated wholly or partly on land and the development or proposed development to which the permission altered or extended would relate, would materially contravene the development plan for the functional area in which the development is, or is proposed to be, situated, or

(b) the development or proposed development is, or is proposed to be, situated wholly or partly in the maritime area and the development or proposed development to which the permission altered or extended would relate would materially contravene the National Marine Planning Framework.

(2) A planning authority may decide to make an alteration of a permission or grant an extension of the duration of a permission to which subsection (1) applies by resolution (in this section referred to as a “material contravention resolution”), following a proposal of the chief executive of the planning authority, in accordance with subsections (3) to (11).

(3) A material contravention resolution may be passed by the planning authority if—

(a) it considers that the alteration or extension is necessary or justified having regard—

(i) in the case of development or proposed development referred to in paragraph (a) or (b) of subsection (1), to proper planning and sustainable development, or

(ii) in the case of development or proposed development referred to in paragraph (b) of subsection (1), to the objectives of maritime spatial planning,

and

(b) in the case of development or proposed development referred to in paragraph (a) of subsection (1), the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies.

(4) A planning authority shall give notice, in such form and manner as may be prescribed, to the public and to such persons as may be prescribed of any motion for a material contravention resolution, and submissions may be made in respect of such motion in such form and manner, and within such period, as may be prescribed.

(5) A resolution passed without prior compliance with subsection (4) shall be invalid.

(6) Where a submission is received by the planning authority within the period prescribed for the purposes of subsection (4), the planning authority shall acknowledge that submission in writing and the chief executive shall have regard to that submission when preparing his or her report in accordance with subsection (8).

(7) Where a submission is received by the planning authority after the expiration of the period prescribed for the purposes of subsection (4), the planning authority shall return that submission to the person who made it and notify the person that the submission cannot be considered by the planning authority.

(8) The chief executive shall, within such period as may be prescribed, prepare and submit to the members of the planning authority, a report—

(a) stating the main reasons and considerations on which the motion to make the alteration or grant the extension in material contravention of the development plan or National Marine Planning Framework, as the case may be, is based, including the main reasons for considering that making the alteration or granting the extension may be necessary or justified having regard to the proper planning and sustainable development of the area, or the objectives of maritime spatial planning, as appropriate,

(b) summarising the issues raised in any submissions validly received, and

(c) advising the members of his or her opinion regarding the compliance, or otherwise, of the development or proposed development with National Planning Statements or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy,

and that report shall be considered by the members before a material contravention resolution is passed.

(9) A material contravention resolution shall record that the members are satisfied that the development or proposed development is necessary or justified having regard to the proper planning and sustainable development of the area and, where the proposed development is or includes maritime development, objectives of maritime spatial planning.

(10) It shall be necessary for the passing of a material contravention resolution that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this subsection is in addition to and not in substitution for any other requirement applying in relation to such a resolution.

(11) Where a material contravention resolution has been passed by a planning authority, the planning authority shall—

(a) send a copy of the notice under subsection (4) that relates to the resolution to the regional assembly for the area and the Office of the Planning Regulator,

(b) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed, and

(12) The Commission may decide to make an alteration of a permission or grant an extension of the duration of a permission—

(a) to which paragraph (a) of subsection (1) applies, where it is satisfied that—

(i) the development or proposed development is of strategic or national importance having regard to the policy of the Government,

(ii) the development plan contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development concerned, or

(iii) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies,

and

(b) to which paragraph (b) of subsection (1) applies, where it is satisfied that—

(i) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or

(ii) the National Marine Planning Framework contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development.

149. Revocation or modification of permission by planning authority

149. (1) If a planning authority considers that it is appropriate that a permission relating to land-based development within its functional area should be revoked or modified because the development is a development referred to in subsection (4), it may serve a notice proposing to do so in accordance with subsection (5) on the applicant for permission, the owner and occupier of the lands where the development to which the permission relates is, or is proposed to be, situate, and on any other person who, in its opinion, will be materially affected by the revocation or modification.

(2) Subject to subsection (3), if a planning authority considers that it is appropriate that a permission relating to maritime development within its functional area should be revoked or modified because the development is a development referred to in subsection (4), it may serve a notice proposing to do so in accordance with subsection (5) on the applicant for permission, the owner and occupier of the maritime site where the development to which the permission relates is, or is proposed to be, situate, the holder of a maritime area consent granted for the occupation of that maritime site for the purposes of the development, and on any other person who, in its opinion, will be materially affected by the revocation or modification.

(3) A reference in subsection (2) to “owner” shall not include a reference to a Minister of the Government in whom the maritime site vests by virtue of section 5 of the State Property Act 1954.

(4) A planning authority may propose to revoke or modify a permission under subsection (1) or (2) where the development to which the permission relates—

(a) would be contrary to the requirements of proper planning and sustainable development or maritime spatial planning, as appropriate, and

(b) no longer conforms to the provisions of the development plan, or any applicable urban area plan, priority area plan or coordinated area plan, or the National Marine Planning Framework, that applies to the land or maritime site where it is proposed to carry out the development, or would frustrate the objectives of one or more than one of such plans or of the National Marine Planning Framework.

(5) The notice referred to in subsections (1) and (2) shall—

(a) specify the permission concerned,

(b) specify the reasons for the proposal, and

(c) invite the person on whom the notice is served to make submissions to the planning authority in writing within the period specified in the notice (which shall be before the end of the period of 4 weeks from the date of the service of the notice) concerning the proposal.

(6) A planning authority may decide to revoke or modify a permission where the development to which the permission relates is a development referred to in subsection (4) and, when making its decision, shall have regard to any submissions made under paragraph (c) of subsection (5).

(7) Where a planning authority decides to revoke or modify a permission under subsection (6), it shall specify in the decision the provisions of the plan or National Marine Planning Framework referred to in subsection (4) to which the development no longer conforms or the objectives of the plan or National Marine Planning Framework that the development would frustrate, and the main reasons and considerations on which the decision is based.

(8) A person served with a notice under subsection (1) or (2) may, at any time within the period of 4 weeks beginning on the date of the decision under subsection (6), appeal to the Commission against the decision.

(9) Where an appeal is brought under subsection (8) against a decision, the Commission may confirm the decision with or without modifications, or annul the decision, and it shall specify the main reasons and considerations for its determination on the appeal.

(10) Any development carried out in contravention of a decision under subsection (6), or where an appeal is brought under subsection (8), in contravention of a decision confirmed under subsection (9), shall be unauthorised development.

(11) A notice of a proposal to revoke a permission may only be served prior to commencement of the development to which the permission relates.

(12) A notice of a proposal to modify a permission may only be served prior to completion of the development to which the permission relates, and where the development has commenced, the planning authority shall not propose to modify any part of the development that has been completed in accordance with the permission.

(13) A planning authority may, for stated reasons, by notice, withdraw a notice served under subsection (1) or (2) and, where a notice is withdrawn, the period between the serving of the notice and the withdrawal shall not be reckonable for the purpose of calculating the period since the granting of the permission.

(14) Particulars of a notice served under subsection (1) or (2), an appeal under subsection (8), a determination of the Commission on appeal under subsection (9), and the withdrawal of a notice under subsection (13) shall be entered in the register.

150. Revocation or modification of permission by Minister

150. (1) The Minister may, upon the request of the Minister for Justice, the Minister for Foreign Affairs, the Minister for Defence, or the Minister for Health, and with the approval of the Government, make an order revoking or modifying (whether by extension of its duration or alteration of its terms) a permission, if the first-mentioned Minister is satisfied that—

(a) the carrying out of the development to which the permission relates is likely to be harmful to—

(i) the security or defence of the State,

(ii) the State’s relations with other states, or

(iii) public health,

and

(b) the revocation or modification is necessary in the public interest.

(2) The Minister may, before making an order under this section, consult with—

(a) a planning authority in whose functional area any part of the development to which the permission relates is situated or proposed to be situated,

(b) the person to whom the permission was granted, and

(c) any other person who, in the opinion of the Minister, is likely to be materially affected by the making of the order,

but shall not so consult if the Minister considers that to do so would be harmful to the security or defence of the State or to the State’s relations with other states.

(3) The Minister shall, as soon as practicable after making an order under this section, give a copy of it to—

(a) the planning authority that granted the permission or, where the permission was granted by the Commission, the Commission, and

(b) where the permission was granted by the Commission and does not relate to development in the outer maritime area, the planning authority in whose functional area the development to which the permission relates is situated or proposed to be situated.

(4) The planning authority that granted the permission to which an order under this section relates or, where the permission was granted by the Commission, the Commission, shall, within such period as may be specified in the order, serve—

(a) a notice on—

(i) the person to whom the permission was granted, and

(ii) any other person specified in the order,

informing him or her of the revocation or modification effected by the order, and

(b) a notice—

(i) in the case of development commenced but not completed, on any person carrying out the development to which the permission relates, or on whose behalf the development is being carried out, requiring him or her to cease the development and restore the land or maritime site on which the development is being carried out to the condition it was in before the development commenced, or

(ii) in the case of development completed, on any person who carried out the development, or on whose behalf the development was carried out, requiring him or her to restore the land or maritime site on which the development was carried out to the condition it was in before the development was commenced.

(5) A person on whom a notice is served under paragraph (b) of subsection (4) shall comply with the notice.

(6) A permission to which an order under this section applies shall stand revoked or modified, as the case may be, upon the making of the order.

(7) Any development carried out in contravention of an order under this section shall be unauthorised development.

(8) Where the Minister makes an order revoking an order made under subsection (1)—

(a) the order revoked shall, for all purposes, be deemed never to have been made, and the register shall be amended accordingly,

(b) the period between the making of the order revoked and the revocation shall not be reckonable for the purpose of calculating the period since the granting of the permission, and

(9) The making of an order under this section shall be entered in the register as soon as may be after it is made.

(10) (a) Proceedings before a court relating to an order made under subparagraph (i) or (ii) of paragraph (a) of subsection (1) shall be heard in private.

(b) A court before which proceedings relating to an order under subparagraph (i) or (ii) of paragraph (a) of subsection (1) are heard shall take all reasonable precautions to prevent the disclosure—

(i) to the public, or

(ii) where the court considers it appropriate, to any party to the proceedings, of any evidence given or document submitted for the purposes of the proceedings, the disclosure of which could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.

(i) the prohibition of the disclosure of such evidence or document as the court may determine, and

(ii) the hearing, in the absence of any person, including any party to the proceedings, of any evidence or the examination of any witness or document that, in the opinion of the court, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.

Chapter 6

151. Definition

151. In this Chapter “development subject to confirmation” means—

(a) local authority development of a class prescribed in regulations under subsection (1) of section 153,

(b) State authority prescribed development that does not require appropriate assessment or environmental impact assessment, and

(c) Chapter 6 State authority emergency development in respect of which compliance with sections 158 and 160 is required pursuant to an order under subsection (1) of section 155.

152. Local authority development

152. (1) Subject to subsections (2) and (4), and subsection (3) of section 9, local authority development (other than Chapter 4 local authority development) by a local authority in the functional area of the local authority shall be exempted development for the purposes of this Act.

(2) Subject to subsection (4), and subsection (3) of section 9, local authority development (other than Chapter 4 local authority development) by a local authority that is a coastal planning authority on a maritime site in the nearshore area of that coastal planning authority shall not be exempted development unless the local authority is—

(a) the owner of the maritime site, or

(b) the holder of a maritime area consent granted for the occupation of the maritime site for the purposes of carrying out the proposed development.

(3) Subject to subsection (4), and subsection (3) of section 9, local authority development by a local authority outside the functional area of the local authority consisting of the carrying out of any works—

(a) required for the construction of a new road or the maintenance or improvement of an existing road,

(b) for the purpose of inspecting, repairing, renewing, altering or removing any sewers, mains, pipes, district heating systems, cables, overhead wires, or other apparatus, or

(c) required for the excavation, for a purpose referred to in paragraph (b), of any street, other land or maritime site,

shall be exempted development.

(4) Local authority development—

(a) that materially contravenes any development plan applicable to such development, or

(b) in the maritime area that materially contravenes the National Marine Planning Framework,

shall not be carried out.

153. Local authority development requiring public notice

153. (1) The Minister may, if of the opinion that, by reason of the nature, scale or location of local authority development (other than development excluded from the application of this subsection by subsection (2)) of a particular class or classes, such development shall not be carried out unless confirmed under section 159, prescribe that class or classes for the purposes of this Chapter.

(2) Local authority development of the following classes is excluded from the application of subsection (1):

(a) local authority development that includes or comprises works of maintenance or repair, other than works to—

(i) a protected structure, or a proposed protected structure that would materially affect the character of—

(I) the protected structure or proposed protected structure, or

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

(ii) the exterior of a structure that is located within an architectural conservation area that would materially affect the character of the area concerned;

(b) local authority development that is necessary for the purpose of dealing with any situation that the chief executive of the local authority concerned considers is an emergency situation calling for immediate action;

(i) traffic signs under section 95 of the Road Traffic Act 1961, or

(ii) traffic calming measures to enhance public bus services or improve facilities for cyclists under section 38 of the Act of 1994;

(d) local authority development that consists of works that a local authority is required to undertake—

(i) by or under any enactment,

(ii) by or under a European act within the meaning of the European Communities Act 2007, or

(iii) by order of a court;

(e) Chapter 4 local authority development.

(3) Sections 138, 139 and 140 of the Act of 2001 shall not apply to local authority development of a class prescribed under subsection (1).

(4) In this section—

“Act of 1994” means the Road Traffic Act 1994;

“public bus service” and “traffic calming measures” have the same meanings as they have in section 38 of the Act of 1994.

154. State authority prescribed development

154. (1) The Minister may prescribe a State authority development or class of State authority development for the purposes of this Chapter, if of the opinion that—

(a) the development or the class of development is in connection with, or for the purposes of, public safety or order, the administration of justice, or national security or defence, or

(b) an event or situation with significant national or strategic implications has occurred, or is likely to occur, and it is necessary to so prescribe the development or class of development in order to address such implications.

(2) A State authority shall not carry out, or make an arrangement with another person for the carrying out of, Chapter 6 State authority development in the maritime area, unless the State authority—

(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of carrying out the development concerned,

(b) is the owner of the maritime site on which it is proposed to carry out the development concerned, or

(c) carries out the development with the consent of the owner of the maritime site on which it is proposed to carry out the development concerned.

155. State authority development emergency order

155. (1) The Minister concerned may by order provide that permission is not required for a specified State authority development or State authority development of such class as is specified in the order, where he or she is satisfied that—

(a) the carrying out of such development or development of such class is required by reason of an accident or emergency, and

(b) such development or development of such class does not require appropriate assessment or environmental impact assessment,

(and such development or development of such class is in this Part referred to as “Chapter 6 State authority emergency development”).

(2) An order under subsection (1) may include a provision requiring compliance with sections 158 and 160 before the carrying out of any development to which the order applies.

(3) Where the Minister concerned is satisfied that the carrying out of a State authority development requiring appropriate assessment or environmental impact assessment is required by reason of an accident or emergency, the Minister concerned may by order provide that any application for permission for that State authority development (in this Part referred to as “Chapter 4 State authority emergency development”) shall be made to the Commission under Chapter 4.

(4) Where a Minister of the Government other than the Minister is the Minister concerned, the Minister concerned shall, before making an order under subsection (1), inform the Minister of his or her intention to make such order and provide the Minister with a draft of the order.

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Planning and Development Act 2024

129. Applications for retrospective consent

130. Submissions on applications for retrospective consent

131. Decision on application for retrospective consent

132. Applications for retrospective consent: direction to cease

133. Refusal of retrospective consent: direction by Commission to take remedial measures

134. Retrospective consent: enforcement

135. Exceptional circumstances

136. Continued application of section 146B of Act of 2000 for certain purposes

137. Opinion under section 287 of Act of 2000 deemed to be Chapter 4 PAC notification

Chapter 5

138. Interpretation

139. Consultation before request under section 140

140. Request for alteration or extension of permission

141. Limitations on extension of duration of permission

142. Non-material alteration of permission

143. Material alteration of permission

144. Procedural powers of planning authority in relation to material alteration request

145. Procedural powers of Commission in relation to material alteration request

146. Time limits for deciding material alteration request where deciding authority is planning authority

147. Time limits for deciding material alteration request where deciding authority is Commission

148. Material contravention of development plan or National Marine Planning Framework

149. Revocation or modification of permission by planning authority

150. Revocation or modification of permission by Minister

Chapter 6

151. Definition

152. Local authority development

153. Local authority development requiring public notice

154. State authority prescribed development

155. State authority development emergency order