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

(5) Where the Minister concerned is of the opinion that the making of an order under subsection (1) would affect the exercise by another State authority of the functions of that State authority, the Minister concerned shall, before making the order, inform that State authority of his or her intention to make the order and provide to the State authority a draft of the order.

(6) The Minister concerned shall, in such manner as may be prescribed, give notice of the making of an order under subsection (1)—

(a) where a person was informed of the intention of the Minister concerned to make the order in accordance with subsection (4) or (5), to such person, and

(b) to such other persons as may be prescribed.

(7) The Minister concerned may, where he or she considers it appropriate to do so, revoke an order under subsection (1).

(8) In this section—

“Minister concerned” means—

(a) in relation to State authority development proposed to be carried out by, on behalf of, or jointly with, a Minister of the Government, that Minister of the Government,

(b) in relation to State authority development proposed to be carried out by, on behalf of, a statutory undertaker, the Minister of the Government who is required to authorise the carrying out of development by that statutory undertaker, or

(c) in relation to any other proposed State authority development, the Minister for Public Expenditure, National Development Plan Delivery and Reform;

“State authority” includes a statutory undertaker.

156. State authority development not requiring permission

156. Permission shall not be required for Chapter 6 State authority development.

157. State authority urgent development order

157. (1) Where the Minister concerned is satisfied that the carrying out of a State authority development requiring appropriate assessment or environmental impact assessment is urgent in order to preserve, protect or improve the quality of the environment or protect human health, he or she may by order require that an application for permission for that State authority development (in this Part referred to as “State authority urgent development”) shall be made to the Commission under Chapter 4.

(2) In this section “Minister concerned” means—

(a) in relation to State authority development proposed to be carried out by, on behalf of, or jointly with, a Minister of the Government, that Minister of the Government, or

(b) in relation to any other proposed State authority development, the Minister for Public Expenditure, National Development Plan Delivery and Reform.

158. Public notification procedure

158. (1) The relevant authority shall publish, in such manner as may be prescribed, a notice of any proposed development that is development subject to confirmation, and such notice shall—

(a) identify the relevant authority that proposes to carry out development or on whose behalf, or jointly with whom, the development is proposed to be carried out, and

(b) contain such other information as may be prescribed.

(2) The relevant authority shall send a copy of a notice under subsection (1) relating to development proposed to be carried out by, on behalf of, or jointly with, the authority—

(a) where the relevant authority is a local authority, to such person or persons as may be prescribed, and

(b) where the relevant authority is a State authority, to the planning authority for any functional area in which the development is proposed to be situated.

(3) Where proposed development that is development subject to confirmation includes or comprises the carrying out of works—

(a) that would materially affect the character of—

(i) a protected structure or a 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,

(b) to the exterior of a structure located within an architectural conservation area that would result in the character of the area concerned being materially affected,

the relevant authority shall notify the Minister of such development.

(4) Any person may, in accordance with regulations under subsection (5) and on payment of a prescribed fee, make a submission in writing to the relevant authority in relation to a proposed development that is development subject to confirmation that is to be carried out by, or on behalf of, the relevant authority or jointly with the relevant authority.

(5) The Minister may make regulations for the purposes of subsection (4), including in relation to—

(a) the content of submissions under that subsection,

(b) the form and manner of such submissions, and

(6) In this section “relevant authority” means—

(a) in relation to local authority development, the local authority concerned, and

(b) in relation to State authority development, the State authority concerned.

159. Confirmation by local authority

159. (1) The chief executive of a local authority shall, before the making of a decision by the local authority under subsection (3) in relation to proposed local authority development that is development subject to confirmation—

(a) prepare a report in writing in relation to the proposed development in accordance with this section, and

(b) submit the report to the members of the local authority not later than—

(i) 8 weeks from the expiration of such period as may be prescribed under subsection (5) of section 158 for the making of submissions, or

(ii) the expiration of such period as may be specified in regulations under subsection (15) of section 230 where those regulations apply to the proposed development.

(2) A report prepared in accordance with subsection (1) shall—

(a) describe the nature and extent of the proposed development and the principal features thereof,

(b) include a plan of the development and a map of such of the area surrounding the proposed development as the chief executive considers appropriate,

(c) recommend the attachment of such conditions to the carrying out of the proposed development as the chief executive considers appropriate,

(d) include an evaluation of whether or not the proposed development would be consistent with—

(i) in the case of land-based development, the proper planning and sustainable development of the area to which the development relates, having regard to the provisions of the development plan, or

(ii) in the case of maritime development, the objectives of maritime spatial planning relevant to the area to which the development relates, having regard to the provisions of the National Marine Planning Framework,

and give the reasons and the considerations for the evaluation,

(e) include copies of—

(i) any determination under section 212 as to whether or not an appropriate assessment is required, and

(ii) any determination in accordance with section 229 as to whether or not an environmental impact assessment is required,

(f) list the persons who made submissions with respect to the proposed development under subsection (4) of section 158,

(g) include—

(i) in the case of land-based development, a summary of the issues raised by any such submissions with respect to the proper planning and sustainable development of the area in which it is proposed to carry out the proposed development, or

(ii) in the case of maritime development, having regard to the National Marine Planning Framework, a summary of the issues raised by any such submissions with respect to the objectives of maritime spatial planning applicable to the part of the maritime area in which it is proposed to carry out the development,

and observations of the chief executive to those submissions, and

(h) include—

(i) a recommendation as to whether or not the proposed development should be carried out as proposed, and

(ii) in the case of a recommendation that the proposed development should be carried out, any modification to the proposed development recommended by the chief executive.

(3) The members of a local authority shall, not later than 6 weeks from the submission of the report under subsection (1), consider the report, and, by resolution, decide that—

(a) the proposed development be carried out in accordance with recommendations (if any) set out in the report under subsection (1),

(b) the proposed development be carried out subject to such modifications (other than, or in addition to, any modifications specified in the report under subsection (1)) as are specified in the resolution, or

(4) If the members of the local authority fail to pass a resolution under subsection (3) within the period specified in that subsection, the members of the local authority shall, upon the expiration of that period, be deemed to have passed a resolution referred to in paragraph (a) of that subsection.

(5) Local authority development that is development subject to confirmation shall not be carried out—

(a) before the passing of a resolution under subsection (3), or the deemed passing of such a resolution pursuant to subsection (4), in relation to the development, or

(b) in a manner that contravenes the terms of a resolution to which paragraph (a) or (b) of subsection (3) applies.

(6) (a) A local authority shall, as soon as may be after the passing of a resolution under subsection (3) (or in circumstances to which subsection (4) applies, the expiration of the period referred to in that subsection)—

(i) notify the Minister and each person to whom a copy of the notice under subsection (1) of section 158 in relation to the proposed development concerned was given in accordance with subsection (2) of section 158,

(ii) subject to paragraph (b), notify each person who made a submission in respect of the proposed development in accordance with subsection (4) of section 158, and

(iii) publish notice on an internet website maintained by or on behalf of the local authority and in at least one newspaper,

of the passing of the resolution or, as the case may be, of the application of subsection (4) in relation to the proposed development and the expiration of the period referred to therein.

(b) A local authority shall not be required to comply with subparagraph (ii) of paragraph (a)—

(i) where the number of persons who made submissions in respect of the proposed development in accordance with subsection (4) of section 158 exceeds 100, or

(ii) in relation to any person referred to in that paragraph whose name or address is not readily ascertainable by the local authority.

(7) Particulars of a resolution passed under subsection (3) or deemed to have been passed under subsection (4) shall be entered in the register.

(8) (a) Where a development is carried out in accordance with a recommendation in a report under subsection (3) of section 179 of the Act of 2000 that the development be proceeded with as proposed, it shall, on and after the repeal of that section by section 6, be treated as if it were carried out in accordance with a decision under paragraph (a) of subsection (3) of this section, whether or not the development was commenced before that repeal.

(b) A decision under subsection (4) of section 179 of the Act of 2000 to vary or modify a development shall, on and after the repeal of that section by section 6, operate as if it were a decision under paragraph (b) of subsection (3) of this section.

(c) A decision under subsection (4) of section 179 of the Act of 2000 not to proceed with a development shall, on and after the repeal of that section by section 6, operate as if it were a decision under paragraph (c) of subsection (3) of this section.

160. Confirmation by State authority

160. (1) A State authority may, in relation to proposed State authority development that is development subject to confirmation—

(a) following compliance by it with section 158 in relation to the proposed development, and

(b) having had regard to any submissions made by a planning authority, or by any other person under subsection (4) of that section in relation to the proposed development,

decide that the proposed development—

(i) shall be carried out (with or without modifications to the original proposed development), or

(ii) shall not be carried out.

(2) A decision made under subsection (1) shall state the main reasons and considerations on which the decision is based.

(3) State authority development that is development subject to confirmation shall not be carried out—

(a) before the making of a decision under subsection (1) in relation to the development, or

(b) in a manner that contravenes the terms of that decision.

(4) (a) A State authority shall, as soon as may be after making a decision under subsection (1)—

(i) notify the planning authority within whose functional area it is proposed to carry out the development concerned,

(ii) subject to paragraph (b), notify each person who made a submission in respect of the proposed development in accordance with subsection (4) of section 158, and

(iii) publish a notice on an internet website maintained by or on behalf of the State authority and in at least one newspaper,

of the making of the decision.

(b) A local authority shall not be required to comply with subparagraph (ii) of paragraph (a)—

(i) where the number of persons who made submissions in respect of the proposed development in accordance with subsection (4) of section 158 exceeds 100, or

(ii) in relation to any person referred to in that paragraph whose name or address is not readily ascertainable by the local authority.

(c) A notification or notice under paragraph (a) shall state the terms of the decision under subsection (1) concerned.

(5) Where a planning authority is notified under subparagraph (i) of paragraph (a) of subsection (4) of the making of a decision under subsection (1), the planning authority shall publish the notice on an internet website maintained by or on behalf of the planning authority.

(6) Particulars of a decision under subsection (1) shall be entered in the register.

161. Local authority housing development

161. (1) The chief executive of a local authority shall, before the carrying out of a local authority housing development by, on behalf of or jointly with that local authority—

(a) inform the members of the local authority of the intention to carry out that development, and

(b) provide those members with such documents, particulars and plans as relate to that development.

(2) The Minister may make regulations providing for any or all of the following matters in respect of local authority housing development:

(a) the giving of public notice by the local authority of the intention to carry out the development;

(b) the publication by a local authority of any specified notice in respect of the development;

(c) the making available for inspection, including by members of the public, of such documents, particulars or plans as relate to the development;

(d) notification of bodies prescribed for the purposes of this section of the intention to carry out the development;

(e) the entry of particulars of the development in the register;

(f) a requirement that local authorities provide the Minister with information of such a type as is specified in the regulations and at such intervals as is so specified.

(3) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of local authority housing development.

(4) In this section—

“housing development” means the construction or erection of one or more than one house and includes—

(a) the construction of a new road, or the widening or realignment of an existing road, to any such house,

(b) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water, to serve any such house,

(d) the provision of open spaces, recreational and community facilities and amenities and landscaping works to serve any such house, and

(e) the provision of car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure, to serve any such house;

“local authority housing development” means local authority development commenced on or before 31 December 2025 that—

(a) is housing development,

(b) does not materially contravene a development plan, urban area plan, priority area plan or joint area plan,

(c) is in accordance with the strategy included in the development plan for the area in accordance with subsection (1) of section 242,

(d) is situated on land—

(i) owned by a local authority or a public authority,

(ii) zoned for residential use, and

(iii) that allows for access, or connection, to public infrastructure and facilities;

“public authority’ means—

(a) a Minister of the Government,

(b) an Education and Training Board established under the Education and Training Boards Act 2013,

(d) the Digital Hub Development Agency,

(e) the Dublin Institute for Advanced Studies,

(f) Enterprise Ireland,

(g) the Environmental Protection Agency,

(h) An Garda Síochána,

(i) the Health Service Executive,

(j) the Housing and Sustainable Communities Agency,

(k) the Industrial Development Agency (Ireland),

(l) an institute of technology that is a college within the meaning of the Regional Technical Colleges Act 1992,

(m) the Institute of Public Administration,

(n) the part of the Department of Justice charged with the management of prisons,

(o) the Legal Aid Board,

(p) the Marine Institute,

(q) the National Archives,

(r) Oberstown Children Detention Campus,

(s) the Commissioners of Public Works in Ireland,

(t) Ordnance Survey Ireland,

(u) Sport Ireland,

(v) the State Laboratory,

(w) Teagasc,

(x) a technological university within the meaning of the Technological Universities Act 2018, or

(y) An tSeirbhís Oideachais Leanúnaigh agus Scileanna;

“public infrastructure and facilities” includes, in relation to local authority housing development—

(a) roads,

(b) footpaths,

(d) foul sewer drainage,

(e) surface water drainage, and

(f) water supply,

provided in connection with, or that otherwise serve, the development.

162. Continued operation of Parts X and XAB of Act of 2000 for certain purposes

162. (1) Where an application for approval was made under subsection (3) of section 175 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (9) of the said section 175 in relation to the application before such repeal, Part X of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

(2) Where an application for approval was made under subsection (3) of section 177AE of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (8) of the said section 177AE in relation to the application before such repeal, Part XAB of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

163. Continued operation of section 181 of Act of 2000 for certain purposes

163. (1) Where an application for approval was made under subsection (2A) of section 181 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under subsection (2L) of the said section 181 in relation to the application before such repeal, the said section 181 shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

(2) Where an application for approval was made under paragraph (c) of subsection (3) of section 181 of the Act of 2000 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, the said subsection (3) shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

(3) Notwithstanding the repeal of paragraph (a) of subsection (1) of section 181 of the Act of 2000 by section 6, this Act shall not apply to development—

(a) of a class specified in regulations under that paragraph, and

(b) that was commenced before that repeal,

and accordingly the said section 181 and sections 181A, 181B and 181C of the Act of 2000 shall, on and after that repeal, continue to apply and have effect in relation to such development.

(4) Notwithstanding the repeal of paragraph (a) of subsection (2) of section 181 of the Act of 2000 by section 6, this Act shall not apply to development to which an order (for the time being in force) under that paragraph applies.

164. Continued operation of sections 181A and 181B of Act of 2000 for certain purposes

164. Where an application for approval was made under section 181A of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 181B of that Act in relation to the application before such repeal, the said sections 181A and 181B shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

165. Continued operation of sections 182A, 182AA and 182B of Act of 2000 for certain purposes

165. Where an application for approval was made under section 182A of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 182B of that Act in relation to the application before such repeal, the said sections 182A and 182B and section 182AA of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

166. Continued operation of sections 182C and 182D of Act of 2000 for certain purposes

166. Where an application for approval was made under section 182C of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 182D of that Act in relation to the application before such repeal, the said sections 182C and 182D shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

Chapter 7

167. Consultations under Part

167. (1) The following matters shall not prejudice the performance by a planning authority or the Commission of its functions by or under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings:

(a) the carrying out of any consultation under this Part;

(b) the making of a determination under subsection (9) of section 90;

(d) the provision of an LRD opinion;

(e) the taking place of a meeting under section 93 or 118;

(f) the provision of an opinion under section 94 or 119.

(2) The planning authority or the Commission, as the case may be, shall keep a record in writing of—

(a) any consultation or request for a consultation, including the names of the person who made the request for a consultation and the persons who participated in the consultation,

(b) any LRD meeting or request for an LRD meeting, including—

(i) a copy of the information and documentation that accompanied the request in accordance with subsection (3) of section 91,

(ii) the names of the persons who attended the meeting and any explanation provided under subsection (10) of section 91 or subsection (3) of section 92,

(c) any meeting under subsection (4) of section 93 or subsection (4) of section 118 or requests for a meeting under those sections, including—

(i) a copy of the documents that accompanied the request under subsection (2) of section 93 or subsection (2) of section 118,

(ii) the names of the persons who attended the meeting, and

(iii) any explanation provided under subsection (7) of section 93, subsection (4) of section 94, subsection (7) of section 118 or subsection (4) of section 119.

(3) The planning authority or the Commission, as the case may be, shall place and keep a copy of any record in writing under subsection (2) with the documents to which any application in respect of that proposed development relates.

(4) A record kept by a planning authority under subsection (3) shall only be made available to the public when an application or request in respect of the proposed development is made under this Part.

(5) In this section “consultation” means a consultation meeting under section 90 or 116 or a consultation under section 139 and “request for consultation” shall be construed accordingly.

168. Submissions or observations under Part

168. The making of submissions or observations by—

(a) the Maritime Area Regulatory Authority,

(b) a coastal planning authority,

(d) the Minister, or

(e) any other Minister of the Government,

under this Part shall not prejudice the performance by it, or him or her, of any of its, or his or her, functions under this Act or any other enactment, and accordingly the making of such submissions or observations cannot be relied upon to question such performance—

(i) in relation to the consideration by a planning authority of an application for permission under this Act,

(ii) in relation to the consideration by the Commission of an application for permission or appeal under this Act, or

(iii) in proceedings before a court relating to an application for permission or an appeal under this Act.

169. Seveso III Directive

169. The applicant and the planning authority or the Commission shall comply with the relevant law transposing the Seveso III Directive in the case of development or proposed development—

(a) for the purposes of the provision or modification of a major accident establishment within the meaning of the Seveso III Directive, or

(b) within the vicinity of such an establishment, having regard to the effect that a major accident is likely to have on the area within which the development or proposed development is, or is proposed to be, situated.

170. Permission for demolition of protected structure

170. Notwithstanding any other provision of this Act, permission shall not be granted under this Part for development that would involve or require the demolition of a protected structure, or a proposed protected structure, unless the planning authority or the Commission, as the case may be, is satisfied that exceptional circumstances exist that justify that grant of permission.

171. Permission in breach of agreement with planning authority

171. Notwithstanding any other provision of this Act, permission shall not be granted under this Part if, in the opinion of the planning authority or the Commission, as the case may be, the implementation of the permission for development sought would amount to, or would be likely to occasion, a breach of an agreement with a planning authority under section 257.

172. Withdrawal or invalidity of planning applications and appeals

172. (1) A person who has—

(a) made an application under Chapter 3 or 4,

(b) brought an appeal under Chapter 3, or

may withdraw (in writing) the application, appeal or request at any time before that application, appeal or request is determined by the planning authority or the Commission.

(2) (a) Without prejudice to subsection (1), where the planning authority or the Commission is of the opinion that an application, appeal or request made to it has been abandoned, it may serve on the person who made the application, appeal or request, as the case may be, a notice stating that opinion.

(b) A notice under paragraph (a) shall require the person on whom it is served to make a submission to the planning authority or the Commission as to why the application, appeal or request should not be regarded as having been withdrawn, within such period as shall be specified in the notice (which shall be not less than two weeks, and not more than four weeks, beginning on the date of service of the notice).

(c) Where a notice has been served under paragraph (a), the planning authority or the Commission may, at any time after the expiration of the period specified in the notice in accordance with paragraph (b), declare in writing that the application, appeal or request, as the case may be, shall be regarded as having been withdrawn.

(d) When making a declaration under paragraph (c), the planning authority or the Commission shall have regard to the submission (if any) made within the period specified in accordance with paragraph (b).

(3) Where—

(a) a person withdraws an application, appeal or request under subsection (1),

(b) a planning authority or the Commission declares an application, appeal or request to be withdrawn under subsection (2) or any other provision of this Part, or

(c) a planning authority or the Commission declares an application, appeal or request to be invalid under any provision of this Part,

the planning authority or the Commission shall not further consider such application, appeal or request.

(4) Where a planning authority or the Commission decides to declare an application invalid on the basis that—

(a) it was not accompanied by an LRD Opinion,

(b) it was not accompanied by a Chapter 4 PAC notification, or

the planning authority or the Commission shall notify the applicant in writing and return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.

(5) Where an appeal was brought to the Commission under Chapter 3 in relation to an application under Chapter 3 or request under Chapter 5 and, subsequent to the bringing of the appeal, the application or request is withdrawn, declared withdrawn or declared invalid under this section, the following provisions shall apply:

(a) the appeal shall be regarded as having been withdrawn and shall not be determined by the Commission;

(b) in the case of an application, notwithstanding any previous decision under section 98 by a planning authority as regards the application, no permission shall be granted under that section by the planning authority on foot of that application;

(c) in the case of a request, notwithstanding any previous decision under section 143 by a planning authority as regards the request, no alteration or extension of a permission shall be granted under that section by the planning authority on foot of that request.

(6) Where paragraph (a), (b) or (c) of subsection (3) applies to an appeal to the Commission of a decision of a planning authority under section 98 or 143, the Commission shall continue to consider any other appeal of that decision or application for leave to appeal relating to that decision of the planning authority.

(7) Particulars of any withdrawal under subsection (1), declaration under subsection (2) or decision under subsection (4) shall be entered in the register.

173. Refusal of planning permission for past failures to comply

173. (1) When considering any application for permission under this Part, where the planning authority or the Commission is satisfied that a person to whom this section applies—

(a) is not in compliance with—

(i) a permission,

(ii) a permission within the meaning of the Act of 2000, or

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

(in this section referred to as a “previous permission”) granted to the person,

(b) is not in compliance with a condition to which a previous permission is subject,

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

the authority or the Commission may form the opinion—

(i) that there is a real and substantial risk that the proposed development in respect of which the application relates would not be completed in accordance with such permission if granted, or with a condition to which such permission if granted would be subject, and

(ii) that accordingly planning permission should not be granted to the person concerned in respect of that development.

(2) (a) In forming its opinion under subsection (1), the planning authority or the Commission shall have regard to—

(i) any information furnished to the planning authority or the Commission in connection with the application,

(ii) any information available to the planning authority or the Commission concerning development carried out by a person to whom this section applies pursuant to a previous permission,

(iii) any information otherwise available to the planning authority or the Commission concerning a substantial unauthorised development carried out by a person to whom this section applies, or

(iv) any information concerning a conviction for an offence under this Act or the Act of 2000.

(b) In forming its opinion under subsection (1), the planning authority or the Commission shall only consider those failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature.

(3) An opinion under subsection (1) shall not be a decision on an application for permission for the purposes of this Part.

(4) If the planning authority or the Commission considers that there are good grounds for it being able to form the opinion under subsection (1) and, accordingly, to exercise its power under subsection (5), it shall serve a notice on the applicant to that effect specifying—

(a) the grounds under subsection (1) that the planning authority or the Commission intends to take into consideration in the proposed exercise of its power under subsection (5), and

(b) that the applicant is invited to make submissions to the planning authority or the Commission, within a period specified in the notice, as to why the planning authority or the Commission should not exercise its power under subsection (5), including that the views of the planning authority or the Commission are incorrect or that there are not good grounds for forming the opinion under subsection (1).

(5) If the planning authority or the Commission, having considered any submissions made to it in accordance with a notice under subsection (4), proceeds to form the opinion under subsection (1) in relation to the application concerned, it shall refuse to grant the permission concerned and notify the applicant accordingly.

(6) The applicant may, within 8 weeks beginning on the date of receipt of the notification under subsection (5), notwithstanding section 379 and Part 9, apply, by motion on notice to the planning authority or the Commission, to the High Court for an order annulling the decision of the planning authority or the Commission and, on the hearing of such application, the High Court may, as it considers appropriate, confirm the decision of the planning authority or the Commission, annul the decision and direct the planning authority or the Commission to consider the applicant’s application for permission without reference to this section or make such other order as it sees fit.

(7) If, in pursuance of subsection (6), the High Court directs the planning authority or the Commission to consider the applicant’s application for planning permission without reference to this section, the planning authority or the Commission shall make its decision on the application in accordance with this Part.

(8) No appeal shall lie to the Commission from a decision of a planning authority to refuse to grant planning permission under subsection (5).

(9) A reference in this section to an application for permission shall be construed as a reference to—

(a) an application for permission for development under Chapter 3 or Chapter 4,

(b) an application for retention permission under Chapter 3,

(d) an appeal to the Commission of any decision by a planning authority under Chapter 3, and

(e) a request for the alteration or extension of any permission under Chapter 5.

(10) In this section “a person to whom this section applies” means—

(a) the applicant for the permission concerned,

(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 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 this Act,

or, during any period to which subparagraph (i) or (ii) relates or to which any conviction under subparagraph (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) a company (within the meaning of the Companies Act 2014) that—

(i) is related (for the purposes of subsection (10) of section 2 of the Companies Act 2014) to the applicant for the proposed development, or

(ii) has control (within the meaning of subsection (5) of section 220 of the Companies Act 2014) of such applicant, and that has—

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

(II) carried out a substantial unauthorised development, or

(III) has been convicted of an offence under this Act,

(e) a company (within the meaning of the Companies Act 2014) that carried out development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act, where—

(i) the company is under the control (within the meaning of subsection (5) of section 220 of the Companies Act 2014) of the applicant for the proposed development, or

(ii) the applicant for the proposed development is a shadow director (within the meaning of the Companies Act 2014) of the company.

174. (1) Where the Maritime Area Regulatory Authority grants a maritime area consent, the person who applied for that consent shall, notwithstanding the making by any other person of an application under Part 9 or under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) for judicial review of the decision to grant that consent, be eligible to make an application under Chapter 3 or Chapter 4 for permission for development.

(2) Where a person makes an application in accordance with Chapter 3 or Chapter 4 for permission for development in circumstances to which subsection (1) applies, the coastal planning authority concerned or the Commission shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it by and in accordance with Chapter 3 or Chapter 4 in relation to that application for permission as if no such application for judicial review had been made.

(3) Where an application for permission for development made under Chapter 3 in circumstances to which subsection (1) applies is refused by a coastal planning authority and the applicant for such permission appeals the refusal to the Commission under Chapter 3, the Commission shall, notwithstanding any pending application for judicial review referred to in subsection (1), perform the functions conferred on it under this Act in relation to the appeal concerned as if no such application for judicial review had been made.

(4) A permission granted under this Part for development in circumstances to which this section applies shall not come into effect unless and until—

(a) final judgment is given—

(i) in relation to the application for judicial review referred to in subsection (1), and

(ii) upholding the grant of the maritime area consent concerned in respect of which that application was made,

(b) the application for judicial review referred to in subsection (1) is withdrawn.

175. Notwithstanding subsection (4) of section 85, where a planning authority or the Commission receives notice under section 156 of the Act of 2021 from the Maritime Area Regulatory Authority of the revocation or suspension of a maritime area consent on which an application for permission is based, the planning authority or the Commission, as the case may be, shall deem the application for permission to be invalid and shall notify the applicant in writing that the application for permission is deemed invalid.

176. Effect of appeal to Commission under Chapter 3 on making application under Part

176. (1) Notwithstanding any other provision of this Part, where an appeal to the Commission has been made under Chapter 3, no application for permission for the same development shall be made under this Part before—

(a) the Commission has made its decision on the appeal,

(b) the appeal is declared invalid pursuant to subsection (4), (5) or (6) of section 103 or withdrawn or declared invalid pursuant to section 172, or

(2) Where an application for permission referred to in subsection (1) is made to a planning authority, the planning authority shall refuse to consider the application and shall notify the applicant that the application cannot be considered.

(3) Where an application for permission referred to in subsection (1) is made to a planning authority, any dispute as to whether that application for permission is for the same development as an application for permission that is the subject of an appeal to the Commission may be referred, by the planning authority or the applicant for permission, to the Commission for determination.

177. Duration of permission granted under Part

177. (1) Subject to section 180, the duration of a permission for development granted under this Part shall be 5 years from the date of grant, or, subject to subsection (3), such other period from the date of grant as may be specified in the grant of permission.

(2) (a) On making an application for permission under this Part, an applicant may request a duration other than the period of 5 years specified at subsection (1).

(b) Where a duration other than the period of 5 years specified at subsection (1) is requested under paragraph (a), any public notice of the proposed development required by or under this Act shall specify the duration sought.

(3) On granting a permission for development under this Part, a planning authority or the Commission may—

(a) where requested by the applicant under subsection (2) or at its own discretion, specify the duration of the permission, which duration shall be not less than 2 years and not more than 10 years from the date of grant, or

(b) in relation to Chapter 4 development specify that the duration of a permission may be more than 10 years.

(4) A planning authority or the Commission shall have regard to the nature and extent of the proposed development and any other material considerations, in determining the duration of a permission under subsection (3).

(5) A decision of a planning authority or the Commission to exercise, or refuse to exercise, the power conferred on it by this section to specify the duration of the permission shall form part of the decision of the planning authority or the Commission on the application for permission under this Part.

178. Phasing plans

178. (1) Where an application for permission under this Part relates to a proposed residential development consisting of not fewer than 10 housing units, the application for permission shall—

(a) specify the duration of permission sought, and

(b) be accompanied by a phasing plan.

(2) A phasing plan referred to in subsection (1) shall specify—

(a) the sequencing of the proposed development,

(b) the schedule of works for the proposed development,

(d) such further information as may be prescribed.

(3) Where an application is required to be accompanied by a phasing plan, the planning authority or the Commission may attach as a condition to any grant of permission a requirement that the development comply with any specified provision of the phasing plan.

(4) A condition under subsection (3) shall provide that any sequence or period specified in the phasing plan may be amended with the prior written agreement of the planning authority.

(5) In this section “phasing plan” means a plan—

(a) submitted by an applicant under this Part for residential development consisting of not fewer than 10 housing units,

(b) that describes the intended sequencing and scheduling of the construction and commissioning activities of the development, and

179. Effect of expiration of duration of permission

179. (1) Subject to section 180, development, or such part thereof, completed in accordance with and prior to the expiration of the duration of a permission shall not be unauthorised development.

(2) Subject to subsection (3), a permission granted under this Part shall, on the expiration of its duration, cease to have effect as regards—

(a) the entire development, where the development to which the permission relates is not commenced prior to the expiration of the duration of the permission, or

(b) so much of the development as is not completed within the duration of the permission, where the development to which the permission relates is commenced within that duration.

(3) (a) Subsection (2) shall not apply—

(i) in relation to retention permission for any unauthorised structure,

(ii) in relation to any permission granted either for a limited period only or subject to a condition specified in paragraph (o) of subsection (3) of section 87,

(iii) in the case of a house, shop, office or other building which itself has been completed, in relation to the provision of any structure or works included in the relevant permission and which are either necessary for or ancillary or incidental to the use of the building in accordance with that permission, or

(iv) in the case of a development comprising a number of buildings of which only some have been completed, in relation to the provision of roads, services, community facilities or open spaces included in the relevant permission and which are necessary for or ancillary or incidental to the completed buildings.

(b) Subsection (2) shall not affect—

(i) the continuance of any use of land or a maritime site in accordance with a permission, or

(ii) the obligation of any person to comply with any condition attached to the relevant permission in respect of a development that has been completed (whether to an extent specified in subsection (2) or otherwise), whereby something is required either to be done or not to be done.

180. Suspension of running of duration of permission during judicial review proceedings

180. (1) Where Part 9 judicial review proceedings in which a party questions the validity of a permission to which this section applies are commenced, the person who is carrying out or proposes to carry out the development to which the permission relates may give notice, in writing, to the following of the commencement of the proceedings and of the date of the commencement of the proceedings (within the meaning of subsection (5) of section 280)—

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

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

(2) Where notice is given in accordance with subsection (1)—

(a) the running of the duration of the permission shall be considered to be suspended for the period beginning on the date of the commencement of the proceedings and ending on the date the proceedings are finally concluded (in this section referred to as the “relevant period”),

(b) during the relevant period the permission shall, subject to subsection (8) and other than in so far as is necessary for the purposes of the proceedings, not have effect for the purposes of this Act,

(c) the duration of the permission shall continue to run from the day following the date the proceedings are finally concluded, in so far as the permission continues to have effect in accordance with the decision of the court that finally concluded the proceedings, and

(d) in reckoning the duration of the permission for the purposes of this Act, the relevant period shall be disregarded.

(3) Where notice is given under subsection (1), the person who is carrying out or proposes to carry out the development to which the permission relates shall give notice, in writing, to the planning authority or the Maritime Area Regulatory Authority notified under subsection (1) of the following matters:

(a) the fact that the proceedings are finally concluded and the date the proceedings are finally concluded,

(b) the decision of the court that finally concluded the proceedings, and

(4) The Minister may prescribe—

(a) the form and manner in which, and the period within which, the notices referred to in subsections (1) and (3) shall be given, and

(b) the form and manner in which, and the period within which, receipt of the notices may be confirmed by the planning authority or the Maritime Area Regulatory Authority.

(5) A notice that is not given in accordance with this section or regulations under this section shall be invalid for the purposes of this section.

(6) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall enter the following information in the register:

(a) the date of the commencement of the proceedings;

(b) the date the proceedings are finally concluded;

(d) particulars of a notice given under subsection (1) or (3);

(e) the date the duration of the permission expires in accordance with this section;

(f) such other information as the Minister may prescribe.

(7) For the purposes of this section, Part 9 judicial review proceedings are finally concluded on the earlier of—

(a) the date of the determination of the proceedings by a decision of a court against which no further appeal lies, or against which an appeal lies within a period which has expired without an appeal being taken, or

(b) the date on which it is confirmed by a decision of a court against which no further appeal lies, or against which an appeal lies within a period which has expired without an appeal being taken, that the validity of the permission is no longer questioned in the proceedings.

(8) Nothing in this section shall be construed as meaning that development carried out in accordance with the permission before the giving of a notice referred to in subsection (1) is, by reason only of the giving of the notice, unauthorised development.

F15[(9) This section applies to—

(a) a permission, other than—

(i) retention permission,

(ii) retrospective consent,

(iii) an extension of the duration of a permission underChapter 5, or

(iv) outline permission within the meaning ofsection 96,

and

(b) a permission or approval under theAct of 2000deemed to be a permission under this Act by virtue ofsection 188, other than—

(i) permission for retention of development under theAct of 2000, or

(ii) outline permission for development granted undersection 34of theAct of 2000upon an application referred to in subsection (1) ofsection 36of that Act.]

F15[(10) (a) This section also applies to relevant permission in respect of whichAct of 2000judicial review proceedings are brought before, on or after the date of the coming into operation of this section, subject to the following modifications:

(i) references toPart 9judicial review proceedings shall be construed as references toAct of 2000judicial review proceedings; and

(ii) references to permission shall be construed as references to relevant permission.

(b) WhereAct of 2000judicial review proceedings have concluded, the notice undersubsection (1)shall be accompanied by a declaration by the person who proposes to carry out the development concerned that the development did not substantially commence before the conclusion of those proceedings.

(c) For the purposes of the application of this section toAct of 2000judicial review proceedings, a development has not substantially commenced by reason only of the commencement of works for the maintenance, security or protection of the land or maritime site on which the development is proposed to be situated.

(d) In this subsection—

“Act of 2000judicial review proceedings”means judicial review proceedings brought in accordance withsection 50leave, and includes proceedings so brought by virtue of the operation ofsection 303;

“relevant permission”means—

(i) a permission, other than—

(I) retention permission,

(II) retrospective consent,

(III) an extension of the duration of a permission underChapter 5, or

(IV) outline permission within the meaning ofsection 96,

(ii) permission or approval under theAct of 2000(whether or not deemed to be a permission under this Act by virtue ofsection 188), other than—

(I) permission for retention of development under theAct of 2000,

(II) outline permission for development granted undersection 34of theAct of 2000upon an application referred to in subsection (1) ofsection 36of that Act,

(III) permission or approval under theAct of 2000for development that has substantially commenced before the conclusion of the Act of 2000 judicial review proceedings concerned,

(IV) permission or approval under theAct of 2000that has expired, or

(V) permission or approval under theAct of 2000—

(A) in respect of which theAct of 2000judicial review proceedings concerned have concluded, and

(B) in respect of which there has been a failure to comply withparagraph (b),

(iii) permission undersection 9of thePlanning and Development (Housing) and Residential Tenancies Act 2016, other than—

(I) permission under that section for development that has substantially commenced before the conclusion of theAct of 2000judicial review proceedings concerned,

(II) permission under that section that has expired, or

(III) permission under that section—

(A) in respect of which theAct of 2000judicial review proceedings concerned have concluded, and

(B) in respect of which there has been a failure to comply withparagraph (b);

“section 50 leave”has the meaning assigned to it bysection 50Aof theAct of 2000.]

(11) In this section “Part 9 judicial review proceedings” has the meaning it has in section 278.

181. Effect of grant of permission under Part

181. (1) Where permission for development or retention permission is granted under this Part, except as may be otherwise provided by the permission, the grant of permission shall enure for the benefit of the land or maritime site and of all persons for the time being interested therein.

(2) Where permission is granted under this Part for a structure, the grant of permission may—

(a) specify the purposes for which the structure may or may not be used, and

(b) where the grant specifies use as a dwelling as a purpose for which the structure may be used, be subject to a condition specifying that the use of the structure as a dwelling shall be restricted to use by persons of a particular class or description and the requirement to that effect may be embodied in an agreement under section 257.

(3) (a) Where permission for development of land is granted under this Part for a limited period only, nothing in this Part shall be construed as requiring permission to be obtained thereunder for the resumption, at the expiration of that period, of the use of the land for the purpose for which it was normally used before the permission was granted.

(b) In determining for the purposes of paragraph (a) the purposes for which land was normally used before the grant of permission, no account shall be taken of any use of the land taking place in contravention of this Part.

(4) (a) With reference to development of land, where permission is granted under this Part solely for a material change of use of any structure or other land, the person carrying out the development shall, no less than 2 weeks prior to the date on which the material change of use occurs, lodge a notice with the planning authority in whose functional area the development is situated, specifying the date on which that change of use will occur.

(b) With reference to maritime development, where permission is granted under this Part solely for a material change of use of any structure or maritime site, the person carrying out the development shall, no less than 2 weeks prior to the date on which the material change of use occurs, lodge a notice—

(i) in the case of development wholly or partly in the nearshore area, with the coastal planning authority in whose functional area the development is situated, if any, and

(ii) in the case of development wholly or partly in the outer maritime area, with the Maritime Area Regulatory Authority,

specifying the date on which that change of use will occur.

(5) If no purpose is specified pursuant to subsection (2) in a permission, a permission shall be construed as precluding such uses as are not consistent with—

(a) the design of any structure as permitted, or

(b) such permitted use of the structure as may be implied from the permission,

and in considering the foregoing, regard may be had to the fact that the planning authority or the Commission decided not to specify in the permission the purpose for which the structure is permitted to be used.

(6) Notwithstanding anything in this Part, permission shall not be required under this Part, in the case of land which, on 1 October 1964, was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for any other purpose, for the use of the land for that other purpose on similar occasions after 1 October 1964.

182. Nuclear fission

182. Nothing in this Act shall be construed as enabling the authorisation of development consisting of an installation for the generation of electricity by nuclear fission.

183. Regulations under Part

183. (1) The Minister may—

(a) prescribe such additional, incidental, consequential or supplemental matters with respect to procedures under this Part as appear to the Minister to be necessary or expedient, and

(b) prescribe differently for different circumstances or cases, classes or types.

(2) Without prejudice to the generality of subsection (1), regulations under this section may prescribe matters related to any one or more of the following:

(a) matters relating to the holding of consultations under this Part including—

(i) prescribing the manner in which requests for consultations are to be made,

(ii) requiring planning authorities or the Commission, as appropriate, to acknowledge in writing the receipt of requests for consultations,

(iii) requiring any person making a request for a consultation to furnish to the planning authority or the Commission, as appropriate, any prescribed information, drawings, plans or documents in relation to that request,

(iv) prescribing matters that are required to be considered at the consultation,

(v) prescribing matters that may be considered at the consultation,

(vi) prescribing the manner in which the consultation is to be conducted, or

(vii) in the case of a consultation under section 116, requiring the provision of a Chapter 4 PAC notification in such form and within such period as may be prescribed;

(b) matters related to the holding of an LRD meeting under section 91, including—

(i) specifying the manner in which requests for LRD meetings are to be made to the planning authority,

(ii) requiring planning authorities to acknowledge in writing the receipt of requests for LRD meetings,

(iii) requiring any person to furnish to the planning authority any specified information, drawings, plans or documents in relation to an LRD meeting, including with respect to—

(I) the proposed types of houses and student accommodation units and their design, including proposed internal floor areas, housing density, plot ratio, site coverage, building heights, proposed layout and aspect,

(II) the provision of public and private open spaces, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant,

(III) the provision of ancillary services, where required, including child care facilities,

(IV) any proposals to address or, where relevant, integrate the proposed development with surrounding land-use,

(V) road infrastructure,

(VI) any proposals to provide for services infrastructure (including water, wastewater and cabling, including broadband provision), and any phasing proposals,

(VII) the provision of a phasing plan under subsection (1) of section 178,

(VIII) proposals under Part 7, where relevant,

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

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

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

(XII) any aspect of the proposed development likely to have significant effects on the environment or significant effects on a European site,

(iv) prescribing matters that are required to be considered at the LRD meeting,

(v) prescribing matters that may be considered at the LRD meeting, or

(vi) prescribing the manner in which the LRD meeting is to be conducted;

(c) matters related to the provision of an LRD opinion by the planning authority under section 92, including the form of the opinion;

(d) matters related to the holding of a meeting convened under subsection (6) of section 91, subsection (4) of section 93 or subsection (4) of section 118 including—

(i) prescribing the manner in which a request for such a meeting is to be made,

(ii) requiring planning authorities or the Commission, as appropriate, to acknowledge in writing the receipt of a request for such a meeting,

(iii) requiring any person making a request for such a meeting to furnish to the planning authority or the Commission, as appropriate, any specified information, drawings, plans or documents in relation to that request,

(iv) prescribing matters that are required to be considered at the meeting,

(v) prescribing matters that may be considered at the meeting,

(vi) prescribing the manner in which the meeting is to be conducted;

(e) matters related to the provision of an opinion by the planning authority under subsection (1) of section 94 or by the Commission under subsection (1) of section 119, including the form of the opinion;

(f) matters related to the making of an application for permission under this Part, including—

(i) prescribing the manner and form in which applications for permission are to be made,

(ii) requiring the submission of information in respect of applications for permission,

(iii) requiring applicants, or in the case of an appeal under Chapter 3 or Chapter 5 any party to the appeal, to publish any prescribed notices with respect to applications for permission,

(iv) requiring applicants to furnish to any prescribed persons any prescribed information with respect to applications for permission,

(v) requiring planning authorities or the Commission, as appropriate, to—

(I) notify prescribed authorities of such proposed development or classes of development as may be prescribed, or consult with them in respect thereof, and

(II) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed,

(vi) facilitating the making and processing by electronic means of—

(I) applications for permission, submissions and consents under this Act, and

(II) the payment of fees, the issuing of decisions and setting out of requirements to which subparagraph (i) relates,

(vii) requiring the inputting of data by planning authorities and the Commission into such databases or national planning systems as may be prescribed,

(viii) requiring an applicant to submit specified information to the planning authority or the Commission, as appropriate, with respect to development, or any class of development, carried out by a person to whom section 173 applies pursuant to a permission granted to the applicant or to any other person under this Part or under Part III of the Act of 2000 or under Part IV of the Act of 1963,

(ix) specifying additional requirements that a company referred to in paragraph (b) of subsection (2) of section 102 must satisfy in order to be eligible under subsection (2) of section 102 to make an appeal of a decision of a planning authority under section 98 being, requirements of a general nature and for the purposes of promoting transparency and accountability in the operation of such companies, including, without prejudice to the generality of subsection (2) of section 102, requirements—

(I) in relation to its membership,

(II) that the pursuit of its aims or objectives be otherwise than for profit,

(III) in relation to the possession of a specified legal personality and the possession of a constitution or rules, or

(IV) that the area of environmental protection to which its aims or objectives relate is relevant to the class of matter into which the decision, the subject of the appeal, falls,

(x) specifying additional requirements with respect to revised particulars, plans or drawings included with a notice of appeal under section 106;

(g) matters related to the procedural powers and obligations of the planning authority and the Commission under this Part including—

(i) providing for the inviting or making of submissions under any provision of this Part in such manner and within such period as may be prescribed,

(ii) providing for the waiving or reduction of a fee to which subparagraph (i) would relate, or the payment of a different fee, in respect of submissions made by a person in his or her capacity as a member of a local authority,

(iii) requiring planning authorities or the Commission, as appropriate, to acknowledge in writing the receipt of submissions,

(iv) providing for the making of requests by planning authorities or the Commission, as appropriate, for further information from any person under any provision of this Part in such manner and within such period as may be prescribed and, in respect of different classes or descriptions of development, providing for the information or type of information which may be requested and the number of requests that may be made,

(v) requiring the submission of further information requested by the planning authorities or the Commission by any person under any provision of this Part, in such manner and within such period as may be prescribed,

(vi) providing for planning authorities or the Commission, as appropriate, to invite applicants to submit to them revised particulars, plans or drawings under any provision of this Part, in such manner and within such period as may be prescribed,

(vii) requiring the production of any evidence to verify any particulars of information given by any applicants or, in the case of appeals under Chapter 3 or Chapter 5, by any party to the appeal,

(viii) providing for planning authorities or the Commission, as appropriate, to make material information received by either of them for the purposes of an application for permission available to the public under any provision of this Part in such manner and within such period as may be prescribed,

(ix) providing for applicants to give public notice of material information when required by the planning authorities or the Commission, as appropriate, to do so under any provision of this Part in such manner and within such period as may be prescribed,

(x) procedures for planning authorities or the Commission, as appropriate, to make information relating to the application for permission available for inspection or notify any person or the public of that information,

(xi) requiring planning authorities or the Commission, as appropriate, to furnish to the Minister and to any other prescribed person any prescribed information with respect to applications and the manner in which they have been dealt with,

(xii) requiring planning authorities to give notice, in such manner as may be prescribed, of any motion for a material contravention resolution under subsection (3) of section 99,

(xiii) requiring the submission of the chief executive’s report to the planning authority under paragraph (c) of subsection (4) of section 99 in such manner and within such period as may be prescribed,

(xiv) prescribing the materials required to be submitted by planning authorities to the Commission under subsection (2) of section 105 and the manner in which and period within which such information is required to be provided,

(xv) providing for the submission of a report under section 121 by a planning authority to the Commission in such form and within such period as may be prescribed,

(xvi) providing for matters of procedure relating to the making of submissions by the Environmental Protection Agency under paragraph (d) of subsection (3) of section 122 and matters connected therewith,

(xvii) procedures for the holding of meetings under paragraph (f) of subsection (3) of section 122, or

(xviii) making provision, after consultation with the Minister for Environment, Climate and Communications, for matters of procedure relating to the making of a request of the Commission for Regulation of Utilities under subsection (2) of section 128 and the making of observations by the Commission for Regulation of Utilities on foot of such a request;

(h) matters related to the making and notification of decisions or determinations with respect to applications for permission under this Part, including requiring planning authorities or the Commission, as appropriate, to publish or give notice of their decisions or determinations in respect of applications for permission, including the giving of notice thereof to prescribed bodies and to persons who made submissions in respect of such applications;

(i) in relation to development subject to confirmation under Chapter 6, matters related to the public notification procedure under section 158 and confirmation procedure under sections 159 and 160, including—

(i) requiring the publication by a local authority or State authority of any prescribed notice with respect to proposed development,

(ii) requiring the giving by a State authority, to the planning authority for the area in which proposed development is to be carried out, or any other prescribed person, of any prescribed notice, documents, particulars, plans or other information with respect to the proposed development,

(iii) requiring local authorities to—

(I) notify prescribed authorities of such proposed development or classes of proposed development as may be prescribed, or consult with them in respect thereof, and

(II) give to them such documents, particulars, plans or other information in respect thereof as may be prescribed,

(iv) requiring the making available for inspection, by members of the public, of any prescribed documents, particulars, plans or other information with respect to proposed development,

(v) procedures regarding the making of submissions to a local authority or a State authority with respect to proposed development in such form and within such period as may be prescribed,

(vi) enabling the reference to a specified person of any dispute or disagreement, with respect to the proposed development, referred to in paragraph (b) or (c) of the definition of “development subject to confirmation” in section 151, between a State authority and the planning authority for the area in which the proposed development is to be carried out, or

(vii) requiring a State authority, in deciding whether the proposed development is to be carried out, to have regard to any prescribed matters or considerations;

(j) making such incidental, consequential or supplementary provision as may appear to the Minister to be necessary or proper to give full effect to sections 175 and 176.

(3) (a) Regulations under this section may, for the purposes of securing the attainment of an objective included in a strategy for the creation, improvement and preservation of places of high quality and sustainable communities for the functional area of the planning authority pursuant to paragraph (b) of subsection (2) of section 48, prescribe a requirement that any applicant for permission should provide the planning authority with such information, in respect of development (including development of a particular class) that the applicant proposes to carry out in a Gaeltacht, as may be specified by the planning authority.

(b) Before making regulations containing a requirement to which paragraph (a) applies, the Minister shall consult with the Minister for Tourism, Culture, Arts, Gaeltacht, Sports and Media.

(4) Regulations under this section may make different provision with respect to applications for permission for development made by the Central Bank of Ireland in cases where the disclosure of information in relation to the application concerned might prejudice the security, externally or internally, of the development or the land concerned or facilitate any unauthorised access to or from the land by any person, and such regulations may make provision modifying the operation of Chapter 4 of Part 12 in relation to applications in those cases.

(5) In this section, “application for permission” means—

(a) an application for permission for development under Chapter 3 or Chapter 4,

(b) an application for retention permission under Chapter 3,

(d) an appeal to the Commission of a decision of a planning authority under Chapter 3 or Chapter 5, and

(e) a request for the amendment, alteration, or extension of the duration, of any existing permission under Chapter 5 or the modification or revocation of any existing permission under section 149 or 150.

184. Disclosure of details of certain internal arrangements of proposed State authority development

184. Nothing in this Part shall require the disclosure by a Minister of the Government, the Commissioners or the Commission of details of the internal arrangements of a proposed State authority development that might prejudice the internal or external security of the development or facilitate any unauthorised entrance to, or exit from, the development of any person.

185. Continued application of section 45 of Act of 2000 for certain purposes

185. Notwithstanding section 6—

(a) section 45 of the Act of 2000 shall continue to apply and have effect—

(i) in relation to a request made under paragraph (c) of subsection (1) of the said section 45 before the repeal of that section by section 6,

(ii) in relation to, and for the purposes of, a notice published under the said section 45 before that repeal,

(iii) in relation to an appeal brought under subsection (3) of section 45 before that repeal, and

(iv) in relation to land to which an order referred to in paragraph (b) applies,

and

(b) an order under subsection (5) of the said section 45 in force immediately before the repeal of that section by section 6 shall remain in force and have effect on and after that repeal.

186. Continued operation of sections 285, 291, 292, 293, 294 and 295 of Act of 2000 for certain purposes

186. Where an application for approval was made under section 291 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not make a decision under section 293 of that Act in relation to the application before such repeal, the said sections 291 and 293 and sections 285, 292, 294 and 295 of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that application.

187. Continued operation of sections 297, 298, 299, 300, 301 and 302 of Act of 2000 for certain purposes

187. Where a request was made to the Board under section 297 of the Act of 2000 before the repeal of that section by section 6 but the Commission did not commence or complete the performance of the functions under section 298 or 299 of that Act in relation to the request before such repeal, the said sections 297, 298 and 299 and sections 300, 301 and 302 of that Act shall, on and after that repeal, continue to apply and have effect for the purpose of that request.

188. (1) A permission granted under section 34 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 98.

(2) A permission granted under section 37 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 109.

(3) A permission granted under section 37G, 37N or 293 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.

(4) An approval under subsection (9) of section 175 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.

(5) A substitute consent granted under section 177K of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a retrospective consent granted under section 123.

(6) An approval under subsection (8) of section 177AE of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.

(7) An approval under subsection (2L) of section 181 of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.

(8) An approval under subsection (6) of section 181B of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.

(9) An approval under subsection (5) of section 182B of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.

(10) An approval under subsection (5) of section 182D of the Act of 2000 shall, on and after the repeal of that section by section 6, be deemed to be a permission granted under section 123.

PART 5 Developments at Dublin Airport

189. Interpretation

189. (1) In this Part—

“Act of 2019” means the Aircraft Noise (Dublin Airport) Regulation Act 2019;

“Aircraft Noise Regulation” means Regulation (EU) No 598/2014 of the European Parliament and of the Council of 16 April 2014^13 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Union airports within a Balanced Approach and repealing Directive 2002/30/EC;

“airport” means Dublin Airport and includes, as appropriate, the area around the airport significantly affected by aircraft noise;

“airport authority” means daa public limited company;

“appeal body” shall be construed in accordance with subsection (1) of section 10 of the Act of 2019;

“competent authority” means the competent authority designated by section 3 of the Act of 2019 to be the competent authority for the purposes of the Aircraft Noise Regulation;

“Environmental Noise Directive” means Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002^14 relating to the assessment and management of environmental noise;

“introduced” includes implemented;

“measure” includes a restriction;

“noise” means aircraft noise;

“noise abatement objective” means the noise abatement objective for the airport;

“noise mitigation measure” means a noise mitigation measure in place at the airport and includes—

(a) a land-use planning and management measure intended to reduce noise at source, and

(b) a noise abatement operational measure,

that do not restrict the capacity of the airport but does not include an operating restriction;

“operating restriction” means an operating restriction in place at the airport;

“relevant authority” means—

(a) the planning authority, or

(b) the competent authority;

“specified” means, in relation to a form, specified under section 28 of the Act of 2019.

(2) (a) A word or expression that is used in this Part and in the Aircraft Noise Regulation has the meaning in this Part that it has in that Regulation.

(b) A word or expression that is used in this Part and in the Environmental Noise Directive has the meaning in this Part that it has in that Directive.

(3) Where a provision of this Act or regulations under this Act provides for the specification of a period in a notice or direction, the period specified shall be a period that is reasonable in all the circumstances of the case.

190. Application of Part

190. This Part (as well as Part 4) applies to an application for permission for development or proposed development at the airport.

191. Proposed development at Dublin Airport

191. (1) (a) (i) Where the planning authority receives an application under Chapter 3 of Part 4 for development at the airport, it shall, as soon as is practicable after such receipt—

(I) give a copy of the application to the competent authority, and

(II) enter into consultations with the competent authority for the purpose of giving such assistance as the competent authority may require in order to enable the competent authority, subject to subparagraph (ii), within 4 weeks of the competent authority receiving such copy, to consider the application and either form the opinion referred to in subparagraph (iv) or to conclude that it is not of that opinion.

(ii) The competent authority may extend, by such period as may be specified by the competent authority, the 4 week period referred to in clause (II) of subparagraph (i), where it appears to it to be necessary, by virtue of the complexity of the application, to do so and shall give a notice in writing to the planning authority stating its reasons for such extension.

(iii) The competent authority shall, where it concludes that it is not of the opinion referred to in subparagraph (iv), as soon as is practicable after it so concludes, give notice of that conclusion to the planning authority.

(iv) The following provisions of this section apply where the competent authority, in considering the application, forms the opinion that the development—

(I) contains a proposal requiring the assessment for the need for a noise related action, or

(II) indicates that a new operating restriction may be required.

(b) Subsections (1) to (3) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to the performance by the competent authority of its functions under this section.

(c) Subsections (4) to (7) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to measures referred to in this section as those subsections apply to measures referred to in those subsections.

(2) The competent authority shall, as soon as is practicable after it forms the opinion referred to in subparagraph (iv) of paragraph (a) of subsection (1), give notice to the planning authority of that opinion and the planning authority shall, as soon as is practicable after receiving the notice, and thereafter as necessary consult with the competent authority in relation to, as appropriate, one or more of the following matters:

(a) any aspect of the development relating to noise that may arise in the operation of the development if it is carried out (including any such aspect relating to appropriate assessment or environmental impact assessment);

(b) any noise problem that would arise from the carrying out of the development as proposed, taking account of any noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application and any further information subsequently sought by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority;

(i) any information on the application of the Balanced Approach to the consideration of the inclusion of noise mitigation measures or operating restrictions (if any), or any combination thereof, in the application and any further information subsequently sought under paragraph (b) by the relevant authority from the applicant in relation to those matters and given by the applicant to the planning authority and the competent authority,

(ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,

(iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and

(iv) subject to subsection (4), whether permission could, in so far as noise-related issues are concerned, be granted for the development subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.

(3) Where the applicant gives any information or plans referred to in subsection (2) to a relevant authority, the applicant shall, on the same date (or as soon as practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.

(4) Notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse permission for the development nor decide to grant such permission subject to or without conditions until it receives a notice under subsection (5) or subparagraph (ii) of paragraph (a) of subsection (15) from the competent authority in respect of the application.

(5) (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the development for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the development as proposed.

(b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse permission for the development.

(c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice concerned referred to in that paragraph and shall incorporate such notice in its decision to refuse permission for the development.

(d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of Chapter 3 of Part 4 as read with section 193 be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.

(6) Subsection (7) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced as part of the development, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—

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