Reform history

# Planning and Development Act 2024

## **PART 1** **Preliminary and General**

(c) for the amendment of different provisions (including the amendment of different provisions for different purposes) of the enactments specified in *Schedule 7* effected by *section 631.*

“acquisition of land” has the meaning assigned to it by *section 409* and includes, in *sections 264, 591* and *622*, and *paragraph (a)* of the definition of “public infrastructure and facilities” in *subsection (1)* of *section 584*, an acquisition of a maritime site (and, accordingly, references to “land” in *sections 264, 591* and *622*, and that *paragraph (a)*, shall include references to “maritime site”);

“architectural conservation area” means—

(a) a place, area, group of structures or townscape to which an objective referred to in *section 331* applies, or

(b) an architectural conservation area (within the meaning of the Act of 2000) to which an objective in a development plan under the Act of 2000, that continues in force by virtue of *section 68*, applies;

“Birds Directive” means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009[^1] on the conservation of wild birds;

“Environmental Impact Assessment Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011[^2] on the assessment of the effects of certain public and private projects on the environment;

“Habitats Directive” means Council Directive 92/43/EEC of 21 May 1992[^3] on the conservation of natural habitats and of wild fauna and flora;

(a) maritime spatial planning within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014[^4] establishing a framework for maritime spatial planning, and

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

“Seveso III Directive” means Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012[^6] on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC;

“Strategic Environmental Assessment Directive” means Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001[^7] on the assessment of the effects of certain plans and programmes on the environment;

“Water Framework Directive” means Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000[^8] establishing a framework for Community action in the field of water policy;

## **PART 2** **Concept of Development**

##### 11. ***Section 10* supplemental provision**

(a) a public electronic communications network, within the meaning of Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018[^9] establishing the European Electronic Communications Code, or

## **PART 3** **Plans, Policies and Related Matters**

### Chapter 1 *Preliminary Matters*

### Chapter 2 *National Planning Framework*

##### 24. **Regard to be had to other matters when carrying out review under *section 22***

### Chapter 3 *National Planning Statements*

(2) Any guidelines continued in force under *subsection (1)* shall be deemed to be National Planning Policy Guidance issued under this Chapter.

### Chapter 4 *Regional Spatial and Economic Strategies*

**30.** (1) Not later than 6 months after the publication of a revised or new National Planning Framework by the Government under *Chapter 2*, a regional assembly shall commence a review of any regional spatial and economic strategy for its region for the time being in force.

(2) Where a regional assembly reviews a regional spatial and economic strategy, it shall—

(a) make a new regional spatial and economic strategy in accordance with *section 32*,

(b) revise the existing regional spatial and economic strategy in accordance with *section 32*, or

(c) determine that no new regional spatial and economic strategy or revision is required and publish a statement explaining the reasons for that determination of the regional assembly.

(17) A failure to comply with *subsection (1)* of *section 30, subsections (5)* and *(11)* of *section 31, subsections (3)* and *(4)* of *section 33* and *subsection (10)* within the time period specified therein shall not of itself invalidate a regional spatial and economic strategy.

(2) A local authority within the region of a regional assembly shall, within 3 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and every 3 years thereafter, prepare and submit a report to the regional assembly setting out progress made in supporting the objectives, relevant to that local authority, of the regional spatial and economic strategy.

(3) A regional assembly may, within 3 years of the first occasion on which a regional spatial and economic strategy is made or revised under this Chapter and thereafter within 3 years of the preparation of a report under *subsection (4)*, request any person referred to in *paragraph (b)* of *subsection (1)* of *section 31* to prepare and submit a report to the regional assembly setting out progress made in supporting the objectives, relevant to that person, of the regional spatial and economic strategy.

(b) Where it is determined under *paragraph (b)* of *subsection (4)* that an appropriate assessment is required, the Office of the Planning Regulator shall prepare a Natura impact report in accordance with *Part 6.*

(2) A regional spatial and economic strategy continued in force under *subsection (1)* shall have effect as it if were a regional spatial and economic strategy made under this Chapter.

### Chapter 5 *Development Plans*

(c) the strategies and statements that are to be prepared under *sections 44* to *51*, and

(b) the strategies and statements prepared under *sections 44* to *51*,

(ii) the strategies and statements prepared under *sections 44* to *51*, that are to be included in the development plan,

(e) Following consideration of a report submitted to them under *paragraph (d)*, the members of the planning authority or of the committee, as the case may be, may, by resolution, issue a direction to the chief executive regarding the overall strategic approach to be adopted in the preparation of the integrated overall strategy and any of the strategies prepared under *sections 44* to *50*, but shall not issue more than one direction in respect of any particular strategy.

(2) The chief executive of a planning authority shall, not earlier than 4 years and not later than 4 years and 9 months after the making of a development plan, give a report on the progress achieved towards securing the implementation of the development plan to the members of the authority (in this section referred to as an “interim implementation report”).

(c) a statement of the progress made in implementing each of the strategies and statements prepared under *sections 44* to *51* (which, in the case of a housing development strategy, shall measure progress made by reference to the housing strategy, the monitoring objectives included in the housing development strategy and having regard to any regulations made under *paragraph (k)* of *subsection (3)* of *section 46* or *paragraph (k)* of *subsection (3)* of *section 47* for the purposes of this paragraph),

(10) Any provision relating to the preservation of a public right of way contained in a development plan continued in force under *section 68* may be included in a subsequent development plan made under this Act without the necessity to comply with this section.

(2) A development plan continued in force under *subsection (1)* shall have effect as if it were a development plan made under this Chapter.

**69.** Where a notice was given under section 11 of the Act of 2000 of the preparation of a new development plan before the repeal of Part II effected by *section 6*, that Part shall continue to apply and have effect on and after that repeal in relation to that notice, and any act done consequent upon the giving of that notice, until the making of the development plan concerned, and the development plan so made shall be deemed to have been made under and in accordance with *Part 3*.

### Chapter 6 *Urban Area Plans, Priority Area Plans and Coordinated Area Plans*

(b) specify how the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the development plan in accordance with *section 43*, and the strategies and statements of the development plan prepared under *sections 44* to *51*, insofar as they are relevant to the settlement, will be implemented in respect of the settlement concerned, and

(iv) the strategies and statements prepared under *sections 44* to *51* of the development plan,

(b) specify how the settlement-specific objectives set out in the development plan, the integrated overall strategy for the proper planning and sustainable development of the functional area of the planning authority, as set out in the development plan in accordance with *section 43*, and the strategies and statements of the development plan prepared under *sections 44* to *51* insofar as they are relevant to the part of the settlement to which the priority area plan applies, will be implemented, and

(iv) the strategies and statements prepared under *sections 44* to *51* of the development plan,

(b) *section 74, 75, 77* or *78*,

(a) specify how the settlement-specific objectives, integrated overall strategy for the proper planning and sustainable development of the functional area of each planning authority, as set out in the development plans in accordance with *section 43*, and the strategies and statements prepared under *sections 44* to *51* of the development plans which apply to the settlement concerned, insofar as they are relevant to the settlement, will be implemented in respect of the settlement concerned, and

(v) the strategies and statements prepared under *sections 44* to *51* of the development plan for each planning authority in which the settlement concerned is situate insofar as such strategies apply to the settlement or part of the settlement concerned,

(iv) the strategies and statements prepared under *sections 44* to *51* of the new development plan,

(IV) the strategies and statements prepared under *sections 44* to *51* of the new development plan,

(IV) the strategies and statements prepared under *sections 44* to *51* of a development plan which applies to the settlement or the part of a settlement concerned, or

(e) the strategies and statements prepared under *sections 44* to *51* of a development plan which apply to the settlement or the part of a settlement concerned,

(iv) the strategies and statements prepared under *sections 44* to *51* of a development plan which apply to the settlement or the part of a settlement concerned, or

(2) The members of a planning authority may, by resolution for the purposes of ensuring the effective operation of this Part, extend for such period as they consider appropriate, the period for which a local area plan continued in force under *subsection (1)* is to remain in force provided that a new development plan has not been made under *Chapter 5* in respect of the functional area to which the plan relates.

(6) A planning authority may, during the period that a local area plan made by it remains in force by virtue of *subsection (1)*, amend that plan.

(7) Where a provision of a local area plan continued in force under *subsection (1)* conflicts with—

(c) a provision of a development plan continued in force under *subsection (1)* of *section 68*, the provision of the latter shall take precedence.

## **PART 4** **Development Consents**

### Chapter 1 *Preliminary and General*

(a) development consisting of infrastructure for transmission within the meaning of Directive (EU) 2019/944/EC of the European Parliament and of the Council of 5 June 2019[^10] on common rules for the internal market for electricity and amending Directive 2012/27/EU, or

### Chapter 2 *Obligations on Planning Authority and Commission*

(vii) Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008[^11] establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive), and any enactment or instrument under an enactment that gives effect thereto,

(viii) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 2014[^12] establishing a framework for maritime spatial planning,

### Chapter 3 *Standard Development*

(8) A reference in this Chapter (other than *sections 89, 91, 92* and *101*) to permission includes a reference to outline permission.

(b) in relation to an application under *section 95* in respect of which an appropriate assessment or an environmental impact assessment is required under *Part 6—*

(ii) where the planning authority makes a request or more than one request for further information under *subsection (2)* of *section 97, paragraph (a)* of *subsection (2)* of *section 217* or *subsection (4)* or *(5)* of *section 235* in relation to the application, 8 weeks from the earlier of the following dates:

(ii) *paragraph (b)* of *subsection (8)*, and *subsection (16)*, of *section 221*, where the Minister issued a notice under *subsection (12), (13), (14)* or *(15)* of that section in relation to the development or proposed development to which the decision applies,

### Chapter 4 *Planning Applications Directly to Commission*

**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*.

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

### Chapter 5 *Alteration, Extension and Revocation of Permission*

##### 139. **Consultation before request under *section 140***

(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,

(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,

### Chapter 6 *Local Authority Development and State Authority Development*

### Chapter 7 *Miscellaneous*

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

(9) This section applies to—

(a) a permission under this Act, other than—

(i) a permission that is a retention permission under *Chapter 3* or permission that is for development for which retrospective consent is required under *Chapter 4*, or

(ii) a permission that is an extension of the duration of a permission under *Chapter 5*,

(b) a permission or approval under the Act of 2000 deemed under *section 188* to be a permission under this Act, other than permission for retention of development (under the Act of 2000) or substitute consent (within the meaning of the Act of 2000),

but does not apply to an outline permission (within the meaning of *section 96*).

(10) This section shall apply to an application for judicial review brought on or after the date of the commencement of this subsection under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) on foot of section 50 leave (within the meaning of section 50A of the Act of 2000) as it applies to *Part 9* judicial review proceedings, subject to the following modifications—

(a) references in this section to a permission shall include references to—

(i) a permission under this Act, other than—

(I) a permission that is a retention permission under *Chapter 3* or permission that is for development for which retrospective consent is required under *Chapter 4*, or

(II) a permission that is an extension of the duration of a permission under *Chapter 5*,

but does not include an outline permission (within the meaning of *section 96*),

(ii) a permission or approval under the Act of 2000 deemed under *section 188* to be a permission under this Act, other than a permission for retention of development (under the Act of 2000) or substitute consent (within the meaning of the Act of 2000), and

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

(b) references in this section to the commencement of *Part 9* judicial review proceedings shall be construed as references to the bringing of an application for judicial review on foot of section 50 leave by the issuing from the High Court of the originating document in respect of the application or, where an order is made by the High Court that an application for section 50 leave be treated as if it were the hearing of the application for judicial review, to the making of that order,

(c) references in this section to the date of the commencement of *Part 9* judicial review proceedings shall be construed as references to the date on which the originating document in respect of the application for judicial review on foot of section 50 leave is issued from the High Court or, where an order is made by the High Court that an application for section 50 leave be treated as if it were the hearing of the application for judicial review, the date of the making of that order, and

(d) all other necessary modifications.

## **PART 5** **Developments at Dublin Airport**

“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;

“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;

(iv) that a right of appeal to the Commission against the regulatory decision exists under *sections 103* to *113* as read with *section 193*.

(iv) that a right to appeal to the Commission against the regulatory decision exists under *sections 103* to *113* as read with *section 193*.

##### 193. **Supplementary provisions relating to decisions on certain applications referred to in *subsection (1)* of *section 191* or *subsection (1)* of *section 192* that were not refused**

##### 194. **Supplementary provisions relating to decisions on applications referred to in *subsection (1)* of *section 191* or *subsection (1)* of *section 192***

## **PART 6** **Environmental Assessments**

### Chapter 1 *Preliminary and General*

“energy from renewable sources” has the meaning assigned to it by Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018[^15] on the promotion of the use of energy from renewable sources;

**196.** (1) A competent authority (within the meaning of *Chapter 2, 3* or *4*) shall be independent and impartial in the performance of its functions.

(3) This Part shall not operate to require a competent authority (within the meaning of *Chapter 2, 3* or *4*) to contravene any prohibition or limitation on the disclosure of information imposed by law for the purposes of safeguarding commercial and industrial confidentiality (including in relation to intellectual property) or the public interest.

### Chapter 2 *Appropriate Assessment of Plans*

(a) in relation to a National Planning Framework proposed to be published in accordance with *subsection (1) of section 21* or a proposed revision of a National Planning Framework under that Chapter, the Minister,

(ii) a direction as provided for in *section 40, section 65* or *section 80*, and

carry out an appropriate assessment of the proposed plan as so modified, amended or altered in accordance with *sections 203, 204* and *205*.

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018[^16] on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to the relevant plan.

### Chapter 3 *Appropriate Assessment of Development and Proposed Development*

(e) in relation to a request for an alteration of the terms or extension of the duration of a permission under *subsection (1)* of *section 140*, the deciding authority to which the request under *section 140* is made or, where a decision under *section 143* in respect of the request is appealed under *subsection (7)* of *section 143*, the Commission,

“screening for appropriate assessment” means, in relation to a relevant development, an assessment carried out in accordance with *section 212*, *213 or 214*.

(ii) conclude, in the case of development in respect of which an application for retrospective consent is made under *Chapter 4* of *Part 4—*

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018[^17] on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to that development concerned or that part, as the case may be.

##### 220. **Invitation to applicant for permission to make request under *subsection (3)* of *section 215* (no priority habitat or priority species)**

invite any person to make submissions to it in relation to the matters referred to in *subparagraphs (i), (ii)* and *(iii)* of the said *paragraph (b).*

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018[^18] on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to that development concerned or that part, as the case may be.

##### 222. **Invitation to applicant for permission to make request under *subsection (3)* of *section 215* (priority habitat or priority species)**

the competent authority may, having made a determination under *paragraph (a)* of *subsection (7)* of *section 217* and before making a decision on the application for permission, invite the applicant for permission to submit to the competent authority, within such period as the competent authority may specify, a request referred to in *subsection (3)* of *section 215* that complies with *subsection (4)* of *section 215.*

### Chapter 4 *Environmental Assessment of Development*

“screening for environmental impact assessment” means an assessment carried out in accordance with *section 229*, *230*, *231* or *232.*

(5) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, then, subject to *subsection (4)* of *section 225—*

## **PART 7** **Housing Strategy and Supply**

### Chapter 1 *Housing Strategy*

(12) A housing strategy within the meaning of Part V of the Act of 2000 included in a development plan under Part II of that Act and continued in force by virtue of *section 68* shall, until the replacement of that development plan in accordance with *Part 3*, constitute the housing strategy of the planning authority in respect of whose functional area the development plan applies.

### Chapter 2 *Housing Supply*

(11) Government guidelines on public procurement shall not apply to an agreement made under *subsection (1)* or *(2)* except in the case of an agreement that is subject to the requirements of Council Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014[^19] on public procurement and repealing Directive 2004/18/EC and any directive amending or replacing the first mentioned directive.

##### 248. **Applicant to specify manner of proposed compliance with condition under *section 246***

## **PART 8** **Miscellaneous Powers of Planning Authorities**

### Chapter 1 *Control of Development*

##### 259. **Provisions consequential on notice under *section 258***

### Chapter 2 *Public Components of Certain Developments*

##### 265. **Supplementary provisions relating to *sections 261, 262* and *264***

**265.** (1) The exercise of the powers of a planning authority or Uisce Éireann under *section 261, 262* or *264* to take public components of a development in charge or to acquire public components of a development or land on, in, over or under which the public components are situated, shall not prejudice any right of the planning authority—

### Chapter 3 *Amenities*

### Chapter 4 *Miscellaneous*

## **PART 9** **Judicial Review and Decision-Making**

### Chapter 1 *Part 9 Judicial Review*

##### 280. **Procedure for commencing *Part 9* judicial review**

##### 281. **Time limits applicable to *Part 9* judicial review**

##### 282. **Conduct of *Part 9* judicial review**

##### 283. **Applications to strike out *Part 9* judicial review**

##### 284. **Stays on *Part 9* judicial review**

##### 287. ***Part 9* judicial review - appeals**

(2) No appeal to the Supreme Court shall lie from the determination of the High Court in *Part 9* judicial review proceedings save on the basis of an application for leave to appeal under Article 34.5.4 of the Constitution.

##### 288. **Amendments of decisions or documents subject to *Part 9* judicial review**

##### 290. **Provisions generally applicable to *Part 9* judicial review**

### Chapter 2 *Costs Relating to Certain Proceedings*

### Chapter 3 *Transitional Arrangement and Saver*

(3) Section 50B of the Act of 2000 shall apply and have effect in relation to a decision or an act of a planning authority or the Commission under this Act as they apply and have effect in relation to a decision or an act of a planning authority or the Commission under the Act of 2000.

(4) This section shall cease to have effect upon the commencement of *Chapter 1* of *Part 9*.

“(III) a provision of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010[^20] on industrial emissions (integrated pollution prevention and control) to which, by virtue of paragraph 1 of Article 25 of that Directive, Article 24 of that Directive is subject, or”,

## **PART 10** **Architectural Heritage**

### Chapter 1 *Protected Structures*

(3) Notwithstanding *section 398*, where a person to whom a planning authority is required to give or serve notice or information under *section 310, subsection (1)* of *section 312, subsection (1)* of *section 313, subsection (1)* of *section 314, subsection (3)* of *section 336* or *subsection (1)* of *section 339* is not given or served such notice or information—

(5) Sections 54 and 55 of the Act of 2000 shall continue to apply and have effect in relation to a record of protected structures included in a development plan—

(a) under that Act, and

(b) that, by virtue of *section 68*, remains in force after the repeal of those sections by *section 6*.

(2) *Subsection (1)* applies to a proposed protected structure from the time the owner or occupier of the structure is notified, under *paragraph (a)* of *subsection (4)* of *section 55, section 308* or *section 309*, of a recommendation or proposal to add the structure to the record of protected structures.

**318.** (1) Subject to *subsection (2)*, a person who is the owner of a structure in respect of which a notice under *section 312, 313* or *314* has been served, or the owner of the land on which such a structure is located, and the servants or agents of any such owner, may enter that land or structure for the purpose of carrying out the works required under the notice.

**319.** (1) Without prejudice to *section 318*, a person served with a notice under *section 312, 313* or *314* may apply to the District Court for an order under *subsection (3)* if—

**322.** Notwithstanding *section 83*, permission shall not be required in respect of a development required by a notice under *section 312, 313* or *314*, an order under *subsection (6)* of *section 315* or an order under *section 317*.

**323.** Where a person on whom a planning authority has served a notice under *section 312, 313* or *314*, or where a court order is made under *section 315* or *317* in respect of such a notice, fails to comply with the notice or order, the planning authority may take such steps as it considers reasonable and necessary to give effect to the terms of the notice or order, including—

(a) assisting persons on whom notice is served under *section 312, 313* or *314* in carrying out works in accordance with the notice, and

### Chapter 2 *Architectural Conservation Areas and Areas of Special Planning Control*

##### 340. **Implementation of notice under *section 339***

##### 341. **Court may compel compliance with notice under *section 339***

##### 342. **Offence to fail to comply with notice under *section 339***

## **PART 11** **Enforcement**

(5) A person convicted of an offence under *subsection (3)* of *section 259, subsection (3)* of *section 270* or *subsection (9)* of *section 394* shall, on each day on which the act, omission or contravention of which that offence consists is continued after that person’s having been so convicted, be guilty of an offence and shall be liable, on summary conviction, to a class C fine.

(2) Subject to subsection 177 of the Criminal Justice Act 2006 and notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be commenced—

## **PART 12** **Appeal Procedures, Planning Register and Records, and Miscellaneous Powers and Procedures**

### Chapter 1 *Definitions*

### Chapter 2 *Procedures in Relation to Appeals, Applications, Referrals or Requests to Commission*

(5) Without prejudice to *section 366, 367* or *369*, the person who makes the appeal, application, referral or request shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds referred to in *paragraph (e)* of *subsection (1)*, or to submit further grounds in writing, and any such elaboration, further submissions or further grounds received by the Commission shall not be considered by it.

(7) Without prejudice to *section 366, 367* or *369*, the Commission shall not consider any documents or information submitted by a person making an appeal, application, referral or request other than the documents or information which accompanied the appeal, application, referral or request.

(4) Without prejudice to *section 366, 367* or *369*, a party referred to in *subsection (1)* shall not be entitled to elaborate in writing upon any submission made in accordance with *subsection (1)* or make any further submission in writing in relation to the appeal, application, referral or request and any such elaboration or further submission received by the Commission shall not be considered by it.

(2) Without prejudice to *section 366, 367* or *369*, a person may make a submission under this section—

(5) Without prejudice to *section 366, 367* or *369*, a person who makes a submission to the Commission in accordance with this section shall not be entitled to elaborate in writing upon any submission made in accordance with *subsection (1)* or make any further submission in writing in relation to the appeal, application, referral or request and any such elaboration or further submission received by the Commission shall not be considered by it.

##### 368. **Powers of Commission where notice is given under *section 366* or *367***

**371.** (1) Where it appears to the Commission to be expedient or convenient for the purposes of determining a referral under *subsection (10)* of *section 87, subsection (1)* of *section 249* or *subsection (2)* of *section 438*, the Commission may convene a meeting of the parties to the referral, and may assign a person to conduct the meeting on behalf of the Commission.

### Chapter 3 *Planning Register and Records*

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

“personal data” has the meaning it has in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^21];

### Chapter 4 *Miscellaneous Powers and Procedures*

## **PART 13** **Appropriation, Disposal and Development of Land**

## **PART 14** **Compulsory Acquisition and Purchase of Land and Maritime Sites**

### Chapter 1 *Definitions*

### Chapter 2 *Compulsory Acquisition and Purchase of Land*

(ii) the Commission for Energy Regulation,

##### 413. ***Section 410* functions: supplemental provisions**

##### 414. ***Paragraph (b)* of *subsection (1)* of *section 410*: supplemental provisions**

**414.** (1) The Commission may, at its absolute discretion and at any time before making a decision on a scheme or proposed road development referred to in *paragraph (b)* of *subsection (1)* of *section 410—*

##### 415. **Commission’s powers to make decisions on *section 410* functions**

(4) *Sections 370, 380* and *385* shall apply and have effect in relation to the *section 410* functions and those sections shall, with all necessary modifications, be construed accordingly.

**418.** (1) The person holding an oral hearing in relation to the compulsory acquisition of land, which relates wholly or in part to proposed development by a local authority which is required to comply with *section 213, 214 or 230* or any other statutory provision to comply with procedures for giving effect to the Environmental Impact Assessment Directive, shall be entitled to hear evidence in relation to the likely effects on the environment of such development.

(2) Where an application for the approval of a proposed development which is required to comply with *section 213, 214 or 230* is made to the Commission and a compulsory purchase order or provisional order has been submitted to the Commission for confirmation and the proposed development relates wholly or in part to the same proposed development, the Commission shall, if objections have been received in relation to the compulsory purchase order, make a decision on the confirmation of the compulsory purchase order at the same time.

##### 419. **Objective of Commission in relation to *section 410* functions**

##### 420. **References to *section 410* functions in regulations, etc.**

### Chapter 3 *Compulsory Acquisition and Purchase of Maritime Sites*

(ii) the Commission for Energy Regulation,

##### 426. ***Section 423* functions: supplemental provisions**

##### 427. ***Paragraph (b)* of *subsection (1)* of *section 423*: supplemental provisions**

##### 428. **Commission’s powers to make decisions on *section 423* functions**

(4) *Sections 370, 380* and *385* shall apply and have effect in relation to the *section 423* functions and those sections shall, with all necessary modifications, be construed accordingly.

##### 432. **Objective of Commission in relation to *section 423* functions**

##### 433. **References to *section 423* functions in regulations, etc.**

## **PART 15** **Compensation — Land (*Chapters 1* to *3*) and Maritime Sites (*Chapters 4* to *7*)**

### Chapter 1 *Compensation for Refusal of Permission or Grant of Permission Subject to Conditions — Land*

(b) permission is granted to develop the land to which the notice relates in a manner consistent with the other development identified in the notice, subject to no condition or to one or more than one condition of a class or description set out in *Part 1 of Schedule 5*, or

### Chapter 2 *Compensation on Other Grounds — Land*

### Chapter 3 *General Provisions Applicable to Claims under Chapters 1 and 2 — Land*

### Chapter 4 *Definitions Maritime Area*

**454.** In this Chapter, *Chapters 5* to *7* and *Part 2* of *Schedules 3* to *6*—

### Chapter 5 *Compensation for Refusal of Permission or Grant of Permission Subject to Conditions Maritime Area*

### Chapter 6 *Compensation on Other Grounds Maritime Area*

### Chapter 7 *General Provisions Applicable to Claims under Chapters 5 and 6 Maritime Area*

## **PART 16** **Events and Funfairs**

## **PART 17** **An Coimisiún Pleanála**

### Chapter 1 *Definitions*

### Chapter 2 *An Coimisiún Pleanála*

### Chapter 3 *Governing Board and Chief Executive Officer of Commission*

### Chapter 4 *Planning Commissioners*

### Chapter 5 *Organisational Matters*

(c) the matters referred to in *subsection (5)* of *section 113, subsection (9)* of *section 126, subsection (8)* of *section 147, subsection (8)* of *section 361*, and *subsection (7)* of *section 419*,

##### 524. **Provisions relating to offence under *section 523***

## **PART 18** **Office of Planning Regulator**

### Chapter 1 *Definitions*

### Chapter 2 *Office and Functions*

(a) to consult the Minister, regional assemblies, planning authorities and, as appropriate, other persons, in relation to plans and strategies made under this Act, including for the purposes of ensuring compliance with *sections 28, 29, 42, 43, 71, 72* and *73*;

in accordance with *Chapters 4, 5* and *6* of *Part 3*;

(d) where so directed by the Minister, to issue a draft direction, and to recommend that the Minister issues a direction, in accordance with *section 39, 64* or *79*;

(iii) draft directions and directions under *section 39, 40, 64, 65, 79* or *80*;

(3) Where the Office makes any observations or recommendations to a regional assembly or a planning authority under *Chapter 4, 5* or *6* of *Part 3*, it shall, at the same time, send a copy of such observations or recommendations to the Minister.

(a) the role of such authorities, assemblies and the Commission under this Act, including in respect of National Planning Statements and the plans and policies under this Act, including for the purposes of ensuring compliance with *sections 28, 29, 42, 43, 71, 72* and *73*,

### Chapter 3 *Review of Performance of Functions of Planning Authorities, Regional Assemblies and Commission*

(5) Each of the following bodies may, for the purposes of a review or preliminary examination under this Chapter, disclose information, records or documents (including personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016[^22]) in its possession to the Office or an appointed person relating to matters that are the subject of that review or examination:

##### 554. **Action on foot of report of review under *section 553***

### Chapter 4 *Staffing and Administration of Office*

(iii) the preparation, making and amendment of urban area plans, priority area plans and coordinated area plans, including for the purposes of ensuring compliance with *sections 71, 72* and *73* and the adjudication of certain disputes in relation to those plans;

## **PART 19** **Further Provisions Relating to Planning Bodies**

## **PART 20** **Financial and Miscellaneous Provisions**

(e) the payment to planning authorities of prescribed fees in relation to any consultation or advice under *section 90, 91* or *139*, and

## **PART 21** **Strategic Development Zones**

## **PART 22** **Urban Development Zones**

### Chapter 1 *Preliminary and General*

### Chapter 2 *Suitable Sites*

### Chapter 3 *Candidate UDZs and Planning Framework*

(5) A planning authority shall ensure that a planning framework that includes residential development is consistent with the housing strategy prepared in accordance with *Part 7*.

### Chapter 4 *Development Scheme*

**608.** Where a draft development scheme includes residential development the planning authority shall ensure that it is consistent with the housing strategy prepared in accordance with *Part 7*.

##### 612. **Notice of decision under *section 609***

### Chapter 5 *Appeal of Development Scheme*

##### 613. **Appeal against decision under *section 609***

(2) In considering an appeal under this section the Commission shall consider the proper planning and sustainable development of the area, the provisions of the development plan in the area to which the scheme relates, the provisions of the housing strategy prepared in accordance with *Part 7*, any relevant National Planning Statement, the provisions of any special amenity area order, the conservation and preservation of any European site in the area to which the scheme relates, and, where appropriate—

##### 618. **Time for determination of appeal against decision under *section 609***

##### 619. **Oral hearing in relation to appeal against decision under *section 609***

### Chapter 6 *Designation of Urban Development Zones*

## **PART 23** **Additional Transitional and Related Provisions**

(c) an application under subsection (1) of section 42 of the Act of 2000 made before the repeal of the provision concerned,

## **PART 24** **Consequential Amendments**

## **PART 25** **Rent Pressure Zones**

## **PART 26** **Owners’ Management Companies and Acquisition of Certain Nama Assets**

## **SCHEDULE 1** **Strategic Infrastructure Development**

*Section 82*

*Energy Infrastructure*

1. Development comprising or for the purposes of any of the following:

(a) an installation for the onshore extraction of petroleum or natural gas;

(b) a crude oil refinery (excluding an undertaking manufacturing only lubricants from crude oil) or an installation for the gasification and liquefaction of not less than 500 tonnes of coal or bituminous shale per day;

(c) a thermal power station or other combustion installation with a total energy output of not less than 300 megawatts;

(d) an industrial installation for the production of electricity, steam or hot water with a heat output of not less than 300 megawatts;

(e) an oil pipeline and any associated terminals, buildings and installations, where the length of the pipeline (whether as originally provided or as extended) would exceed 20 kilometres;

(f) an installation for the surface storage of oil or coal, where the storage capacity would exceed 100,000 tonnes;

(g) an installation for hydroelectric energy production with an output of not less than 300 megawatts, or where the new or extended superficial area of water impounded would be not less than 30 hectares, or where there would be a 30 per cent change in the maximum, minimum or mean flows in the main river channel;

(h) an installation for the harnessing of wind power for energy production with not less than 25 turbines or having a total output not less than 50 megawatts.

*Transport Infrastructure*

2. Development comprising or for the purposes of any of the following:

(a) an intermodal transhipment facility, an intermodal terminal or a passenger or goods facility that, in each case, would exceed 5 hectares in area;

(b) a terminal, building or installation associated with a long-distance railway, tramway, surface, elevated or underground railway or railway supported by suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport, but excluding any proposed railway works to which an application under section 37 of the Transport (Railway Infrastructure) Act 2001 applies;

(c) a harbour or port installation (which may include facilities in the form of loading or unloading areas, vehicle queuing and parking areas, ship repair areas, areas for berthing or dry docking of ships, areas for the weighing, handling or transport of goods or the movement or transport of passengers (including customs or passport control facilities), associated administrative offices or other similar facilities directly related to and forming an integral part of the installation)—

(i) where the area or additional area of water enclosed would be not less than 20 hectares,

(ii) that would involve the reclamation of not less than 5 hectares of land,

(iii) that would involve the construction of—

(I) a quay that would exceed 100 metres in length, or

(II) more than one quay, each of which would exceed 100 metres in length,

or

(iv) that would enable a vessel of over 1,350 tonnes to enter within it.

*Environmental Infrastructure*

3. Development comprising or for the purposes of any of the following:

(a) a waste disposal installation for—

(i) the incineration,

(ii) the physico-chemical treatment (within the meaning of paragraph D9 of Annex IIA to Council Directive 75/442/EEC of 15 July 1975[^23] on waste), or

(iii) the landfill,

of hazardous waste to which Council Directive 91/689/EEC of 12 December 1991[^24] on hazardous waste applies (other than an industrial waste disposal installation integrated into a larger industrial facility);

(b) a waste disposal installation for—

(i) the incineration, or

(ii) the physico-chemical treatment (within the meaning of paragraph D9 of Annex IIA to Council Directive 75/442/EEC of 15 July 1975[^25] on waste),

of non-hazardous waste with a capacity for an annual intake greater than 100,000 tonnes;

(c) an installation for the disposal, treatment or recovery of waste with a capacity for an annual intake greater than 100,000 tonnes;

(d) a ground water or surface water abstraction or artificial groundwater recharge scheme, where the annual volume of water abstracted or recharged is equivalent to or exceeds 2 million cubic metres;

(e) any works for the transfer of water resources between river basins, where the annual volume of water abstracted or recharged would exceed 2 million cubic metres;

(f) a waste water treatment plant with a capacity greater than a population equivalent of 10,000 and, for the purpose of this provision, “population equivalent” shall be construed in accordance with paragraph 6 of Article 2 of Council Directive 91/271/EEC of 21 May 1991[^26] concerning urban waste water treatment;

(g) a sludge-deposition site with the capacity for the annual deposition of 50,000 tonnes of sludge (wet);

(h) any canalisation or flood relief works where—

(i) the immediate contributing sub-catchment of the proposed works (namely the difference between the contributing catchments at the upper and lower extent of the works) would exceed 1,000 hectares,

(ii) not less than 20 hectares of wetland would be affected, or

(iii) the length of river channel on which works are proposed would be greater than 2 kilometres;

(i) a dam or other installation designed for the holding back or the permanent or long-term storage of water, where the new or extended area of water impounded would be not less than 30 hectares or where a new or additional amount of water held back or stored would exceed 10,000,000 cubic metres;

(j) an installation of over ground aqueducts each of which would have a diameter of not less than 1,000 millimetres and a length of not less than 500 metres;

(k) any coastal works to combat erosion or maritime works capable of altering the coast through the construction, for example, of dikes, moles, jetties and other sea defence works, where in each case the length of coastline on which the works would take place would exceed 1 kilometre, but excluding the maintenance or reconstruction of such works or works required for emergency purposes.

*Health Infrastructure*

4. Development comprising a healthcare facility (other than a development that is predominantly for the purposes of providing care services within the meaning of section 3 of the Nursing Homes Support Scheme Act 2009) which, whether or not the facility is intended to form part of another healthcare facility, shall provide in-patient services and shall have not fewer than 100 beds in order to so provide.

## **SCHEDULE 2** **Classes of Development Specified for Purposes of *Chapter 4* of *Part 4***

*Section 82*

1. Development referred to in *Schedule 1*.

2. Development consisting of a trading port or pier for loading and unloading goods that—

(a) is connected to land, and

(b) can accommodate vessels of over 1,350 tonnes.

3. Development consisting of a pipeline that is not less than 20 kilometres in length and that is intended for the transport of—

(a) gas, oil or chemicals, or

(b) carbon dioxide (CO2) streams for the purposes of geological storage, including associated booster stations.

4. Development consisting of the construction of an electrical power line that has a voltage of not less than 220 kilovolts and a length of not less than 15 kilometres.

5. Development consisting of the laying of a telecommunications cable or pipeline of not less than 15 kilometres in length.

6. Development consisting of the construction of a storage site within the meaning of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009[^27] on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No. 1013/2006.

7. Development consisting of an installation for the capture of CO2 streams within the meaning of Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009[^28]—

(a) intended for geological storage of CO2 within such meaning, or

(b) where the intended capture of CO2 is not less than 1,500,000 tonnes per annum.

8. Development consisting of the drainage or reclamation of not less than 2 hectares of wetland.

9. Development consisting of a seawater fish breeding installation with an intended output exceeding 100 tonnes per annum.

10. Development consisting of the reclamation of not less than 10 hectares of land from the sea.

11. Development consisting of—

(a) the extraction of stone, gravel, sand or clay where the area of extraction would be greater than 5 hectares, or

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

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

(a) geothermal purposes, or

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

13. Development consisting of the construction or operation of—

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

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

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

15. Development consisting, or for the purposes, of—

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

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

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

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

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

(c) oil or coal, where the storage capacity would exceed 100,000 tonnes.

17. An installation for the production of hydroelectric energy—

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

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

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

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

(a) more than 5 turbines, or

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

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

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

21. A harbour or port installation, including—

(a) loading or unloading areas,

(b) vehicle queuing and parking areas,

(c) ship repair areas,

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

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

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

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

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

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

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

*Sections 434* and *456*

## **PART 1** **Land**

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

2. The demolition of a habitable house.

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

4. The erection of any advertisement structure.

5. The use of land for the exhibition of any advertisement.

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

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

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

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

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

(c) section 11 of the Act of 1990 in relation to a decision to refuse permission under Part IV of the Act of 1963, or

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

## **PART 2** **Maritime Area**

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

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

11. The erection of any advertisement structure.

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

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

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

(a) s*ection 455* in relation to a decision to refuse permission,

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

(c) section 11 of the Act of 1990 in relation to a decision to refuse permission under Part IV of the Act of 1963, or

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

## **SCHEDULE 4** **Reasons for Refusal of Permission that Excludes Compensation**

*Sections 434* and *456*

## **PART 1** **Land**

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5. The proposed development—

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

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

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

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

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

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

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

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

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

(c) the approved national adaptation framework and approved sectoral adaptation plans at the time of decision,

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

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

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

(a) be under a public road,

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

(c) tend to create any serious traffic congestion,

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

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

(f) be prejudicial to public health.

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

13. The proposed development would injure or interfere with—

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

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

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

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

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

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

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

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

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

20. The proposed development—

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

(i) one or more specific—

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

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

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

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

or

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

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

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

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

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

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

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

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

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

(a) the applicant for the proposed development,

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

(c) a registered society under the Industrial and Provident Societies Acts 1893 to 2021 that—

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

(ii) carried out a substantial unauthorised development, or

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

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

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

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

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

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

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

or

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

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

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

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

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

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

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

30. In this Part—

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

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

## **PART 2** **Maritime Area**

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

32. The proposed development would interfere with public navigation.

33. The proposed development—

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

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

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

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

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

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

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

(c) the approved national adaptation framework and approved sectoral adaptation plans at the time of decision,

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

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

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

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

(b) be prejudicial to public health.

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

39. The proposed development would injure or interfere with—

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

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

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

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

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

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

43. The proposed development—

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

(i) one or more specific—

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

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

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

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

or

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

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

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

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

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

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

(a) the applicant for the proposed development,

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

(c) a registered society under the Industrial and Provident Societies Acts 1893 to 2021 that—

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

(ii) carried out a substantial unauthorised development, or

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

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

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

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

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

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

or

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

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

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

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

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

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

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

## **PART 1** **Land**

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

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

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

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

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

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

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

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

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

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

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

12. Any condition relating to—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

24. Any condition relating to the conservation and preservation of—

(a) one or more specific—

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

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

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

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

(c) any other area referred to in *subsection (2)* of *section 50*.

25. Any condition relating to—

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

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

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

26. Any condition for preserving any existing public right of way.

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

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

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

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

31. Any condition prohibiting the demolition of a habitable house.

32. Any condition relating to the filling of land.

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

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

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

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

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

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

## **PART 2** **Maritime Area**

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

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

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

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

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

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

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

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

47. Any condition relating to—

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

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

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

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

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

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

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

(c) the objects which may be affixed to structures;

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

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

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

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

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

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

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

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

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

58. Any condition relating to the conservation and preservation of—

(a) one or more specific—

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

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

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

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

(c) any other area referred to in *subsection (2)* of *section 50* or in a maritime spatial plan.

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

60. Any condition preventing, remedying or removing injury to amenities arising from the ruinous or neglected condition of any structure, or from the objectionable or neglected condition of any maritime site attached to a structure.

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

62. Any condition relating to the filling of a maritime site.

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

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

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

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

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

## **SCHEDULE 6** **Rules for Determination of Amount of Compensation**

*Sections 435, 448, 457* and *470*

## **PART 1** **Land**

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

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

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

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

(a) regard shall be had to—

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

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

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

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

(b) no account shall be taken of—

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

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

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

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

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

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

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

and

(c) all returns and assessments of capital value for taxation made or acquiesced in by the claimant may be considered.

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

(a) a Minister of the Government,

(b) the Commissioners,

(c) a local authority,

(d) the Health Service Executive,

(e) an education and training board,

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

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

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

(i) the Maritime Area Regulatory Authority, or

(j) the Office of the Planning Regulator.

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

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

(a) the nature and location of the land,

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

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

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

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

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

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

5. In this Part “open market value” means—

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

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

## **PART 2** **Maritime Area**

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

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

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

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

(a) regard shall be had to—

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

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

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

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

(b) no account shall be taken of—

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

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

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

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

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

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

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

and

(c) all returns and assessments of capital value for taxation made or acquiesced in by the claimant may be considered.

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

(a) a Minister of the Government,

(b) the Commissioners,

(c) a local authority,

(d) the Health Service Executive,

(e) an education and training board,

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

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

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

(i) the Maritime Area Regulatory Authority, or

(j) the Office of the Planning Regulator.

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

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

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

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

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

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

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

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

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

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

## **SCHEDULE 7** **Amendment of Acts of the Oireachtas**

*Section 631*

| **Reference Number** **(1)** | **Act of the Oireachtas** **(2)** | **Extent of Amendment** **(3)** | | |

| --- | --- | --- | --- | --- |

| 1. | National Monuments Act 1930 (No. 2 of 1930) | Subparagraph (iii) of paragraph (c) of subsection (8) of section 14B (inserted by section 5 of the National Monuments (Amendment) Act 2004) is amended by the substitution of “pursuant to *Chapter 5* of *Part 3* of the *Planning and Development Act 2024*,” for “under section 9 of the Planning and Development Act 2000”. | | |

| 2. | Foreshore Act 1933 (No. 12 of 1933) | Section 1 is amended by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 13C (inserted by section 180 of the Maritime Area Planning Act 2021) is amended, in subsection (1), by— (a) the substitution of “(within the meaning of the *Act of 2024*)” for “(within the meaning of the Act of 2000)”, and (b) by the substitution of the following paragraph for paragraph (a): “(a) applies for approval for a proposed development— (i) under section 226 of the Act of 2000, (ii) on and after the coming into operation of section 12(2) of the Maritime Area Planning Act 2021, under section 175 of the Act of 2000, or (iii) in relation to *Chapter 4* local authority development within the meaning of the *Act of 2024*, or”. | | |

| 3. | Minerals Development Act 1940 (No. 31 of 1940) | Section 8A (inserted by Regulation 2 of the European Union (Environmental Impact Assessment) (Minerals Development Act 1940) (Amendment) Regulations 2018 (S.I. No. 384 of 2018)) is amended, in subsection (1), by— (a) the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, (b) in the definition of “environmental impact assessment”, by the substitution of “*section 2* of the *Act of 2024*” for “section 171A of the Act of 2000”, and (c) in the definition of “European site”, by the substitution of “*section 2* of the *Act of 2024*” for “section 177R of the Act of 2000”. | | |

| 4. | Arterial Drainage Act 1945 (No. 3 of 1945) | Section 3A (inserted by paragraph (a) of Regulation 3 of the European Union (Environmental Impact Assessment) (Arterial Drainage) Regulations 2019 (S.I. No. 472 of 2019)) is amended, in subsection (1), by the substitution of “the expression ‘EIA portal’ means the environmental impact assessment portal operated and maintained in accordance with *section 241* of the *Planning and Development Act 2024*” for “the expression ‘EIA portal’ means the website referred to in section 172A of the Planning and Development Act 2000”. | | |

| 5. | Housing Act 1966 (No. 21 of 1966) | Section 90 is amended, in paragraph (b) of subsection (4), by the substitution of “*section 406* of the *Planning and Development Act 2024*” for “section 211 of the Planning and Development Act 2000”. | | |

| 6. | Fire Services Act 1981 (No. 30 of 1981) | Section 13 is amended by the substitution of “the Planning and Development Act 2000 or *Chapter 3* of *Part 4* of the *Planning and Development Act 2024* (as they relate to permission for development and for the retention of structures in both cases)” for “(which relates to permission for development and for the retention of structures) of the Planning and Development Act 2000”. | | |

| 7. | Industrial Development Act 1986 (No. 9 of 1986) | Section 16D (inserted by section 7 of the Industrial Development (Amendment) Act 2018) is amended— (a) in subsection (1)— (i) by the substitution of “*Part 14* of the *Act of 2024*” for “Part XIV of the Act of 2000”, (ii) by the substitution of “in the *Act of 2024*” for “in the Act of 2000”, and (iii) by the substitution of “vested in” for “transferred to”, (b) in paragraph (a) of subsection (2), by the substitution of “*sections 411(1), 412(3), (5), (6), (7)* and *(8), 413, 415(1), 416(1), (3)* and *(4), 417, 419(1), (2), (4), (6)* and *(7)* and *421* of the *Act of 2024*” for “sections 216(1), 217(3), (5), (6), (6A) and (7), 217A, 217C(1), 218(1), (3) and (4), 219 and 221(1), (2), (3), (5), (7) and (8) of the Act of 2000”, (c) in paragraph (b) of subsection (2), by the substitution of “vested under Part 14 of the *Act of 2024*” for “transferred under Part XIV of that Act”, and (d) in subsection (3), by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. | | |

| 8. | Local Government Act 1991 (No. 11 of 1991) | Section 43 is amended, in clause (I) of subparagraph (i) of paragraph (b) of subsection (4), by the substitution of “Planning and Development Acts 2000 to 2023 or the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2014”. | | |

| 9. | Environmental Protection Agency Act 1992 (No. 7 of 1992) | Section 3 is amended, in subsection (1)— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development 2024*;”, (b) in the definition of “development”, by the substitution of “*section 2* of the *Act of 2024*” for “section 3 of the Act of 2000”, (c) in the definition of “planning authority”, by the substitution of “*Act of 2024*” for “Act of 2000”, (d) in the definition of “statutory undertaker”, by the substitution of “*Act of 2024*” for “Act of 2000”, and (e) in the definition of “works”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 63 is amended, in subsection (10), by the insertion of “or under *Chapter 3* of *Part 4* of the *Act of 2024*” after “Act of 2000”. Section 86 is amended— (a) in subsection (8), by the insertion of “or *Chapter 3* of *Part 4* of the *Act of 2024*” after “Act of 2000” in each place it occurs, and (b) in subsection (11)— (i) by the substitution of “*Part 4* of the *Act of 2024*” for “Part III of the Act of 2000”, and (ii) by the substitution of “*Act of 2024*.” for “Act of 2000.”. Section 87 is amended— (a) in subsection (1A)— (i) in the definition of “application for permission”, by the substitution of the following paragraphs for paragraphs (b) and (c): “(b) an application for approval for development under section 175, 177AE, 181(2A), 181A, 182A, 182C or 226 of the Act of 2000, (c) an application for substitute consent under section 177E of the Act of 2000, or (d) an application for permission under *Part 4* of the *Act of 2024*;”, and (ii) in the definition of “grant of permission”, by the substitution of the following paragraphs for paragraphs (b) and (c): “(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Act of 2000, (c) a grant of substitute consent under section 177K of the Act of 2000, or (d) a permission under *Part 4* of the *Act of 2024*.”, (b) in subsection (1B)— (i) by the insertion of “or *section 155* of the *Act of 2024*” after “section 181(2)(a) of the Act of 2000”, (ii) by the substitution of “State authority emergency order” for “section 181(2)(a) order” in each place it occurs, (iii) in subparagraph (i) of paragraph (a), by the insertion of “or the *Act of 2024*” after “Act of 2000”, (iv) in subparagraph (ii) of paragraph (a)— (I) by the insertion of “or the *Act of 2024*” after “Act of 2000”, and (II) by the substitution of “those Acts” for “that Act”, and (v) in subparagraph (ii) of paragraph (b)— (I) by the insertion of “or the *Act of 2024*” after “Act of 2000”, and (II) by the substitution of “those Acts” for “that Act”, (c) in subsection (1D)— (i) in subparagraph (i) of paragraph (d), by the insertion of “or *section 102(5)* of the *Act of 2024*, as the case may be,” after “Act of 2000”, and (ii) in subparagraph (ii) of paragraph (d)— (I) by the substitution of “State authority emergency order” for “section 181(2)(a) order”, and (II) by the substitution of “Act of 2000, or refused to grant permission for *Chapter 4* State authority emergency development (within the meaning of *Part 4* of the *Act of 2024*)” for “Act of 2000”, (d) in paragraph (a) of subsection (1E)— (i) in subparagraph (i), by the insertion of “or by permission granted for *Chapter 4* State authority emergency development (within the meaning of *Part 4* of the *Act of 2024*)” after “Act of 2000”, and (ii) in subparagraph (ii), by the insertion of “or by permission granted for *Chapter 4* State authority emergency development (within the meaning of *Part 4* of the *Act of 2024*)” after “Act of 2000”, (e) in subsection (1G)— (i) in paragraph (a), by the insertion of “or the *Act of 2024*” after “Act of 2000”, (ii) in subparagraph (i) of paragraph (b), by the insertion of “or *section 225* of the *Act of 2024*” after “Act of 2000”, and (iii) in subparagraph (ii) of paragraph (b), by the insertion of “or the *Act of 2024*” after “Act of 2000”, (f) in paragraph (ab) of subsection (2), by the substitution of “State authority emergency order” for “section 181(2)(a) order”, and (g) in subparagraph (iib) of paragraph (a) of subsection (8), by the substitution of “State authority emergency order” for “section 181(2)(a) order”. Section 89 is amended— (a) in paragraph (b) of subsection (2), by the insertion of “or *Part 4* of the *Act of 2024*” after “Act of 2000”, and (b) in subparagraph (iii) of paragraph (f) of subsection (2), by the insertion of “or *section 227* of the *Act of 2024*” after “Act of 2000”. Section 99F is amended— (a) in subsection (1)— (i) by the substitution of “Where” for “Notwithstanding section 34 of the Act of 2000, or any other provision of that Act, where”, and (ii) by the substitution of “*Part 4* of the *Act of 2024*” for “section 34 or substitute consent, within the meaning of section 177A, of that Act”, (b) in subsection (2), by the substitution of “*Chapter 3* of *Part 4* of the *Act of 2024*” for “section 34 or refuse a grant of substitute consent, as defined in section 177A of the Act of 2000”, and (c) in subsection (9)— (i) in paragraph (a), by the substitution of “*Chapter 3* of *Part 4* of the *Act of 2024*” for “section 34 of the Act of 2000”, and (ii) in paragraph (aa), by the substitution of “a retrospective consent within the meaning of the *Act of 2024*” for “a substitute consent, as defined in section 177T of the Act of 2000”. | | |

| 10. | Housing (Miscellaneous Provisions) Act 1992 (No. 18 of 1992) | Section 6 is amended, in paragraph (ea) of subsection (2), by the insertion of “or *Part 7* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”. | | |

| 11. | Roads Act 1993 (No. 14 of 1993) | Section 2 is amended, in subsection (1)— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, (b) in the definition of “development plan”, by the substitution of “the *Act of 2024*” for “section 9(1) of the Act of 2000”, (c) in the definition of “land”, by the substitution of “*Act of 2024*” for “Act of 2000”, (d) in the definition of “planning authority”, by the substitution of “*Act of 2024*” for “Act of 2000”, (e) in the definition of “planning permission”, by the substitution of “granted under *Chapter 3* of *Part 4* of the *Act of 2024* or under *Chapter 4* of *Part 4* of that Act for strategic infrastructure development (within the meaning of that Act)” for “under Part III of the Act of 2000”, (f) in the definition of “special amenity area order”, by the substitution of “*section 266* of the *Act of 2024*” for “section 203 of the Act of 2000”, and (g) in the definition of “structure”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 19 is amended, in subsection (6), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 46 is amended— (a) in subsection (1), by the substitution of “permission” for “permission, nor shall a decision by a planning authority to grant any planning permission be regarded as having been given under section 34(8) of the Act of 2000”, and (b) in subsection (3), by the insertion of “or *section 434* of the *Act of 2024*” after “Act of 2000”. Section 47 is amended, in paragraph (c) of subsection (4), by the substitution of “*section 382* of the *Act of 2024*” for “section 7 of the Act of 2000”. Section 49 is amended, in paragraph (b) of subsection (5), by the substitution of “*section 177* of the *Act of 2024*” for “section 40 of the Act of 2000”. Section 51AA is amended— (a) by the substitution of “development plan, urban area plan, priority area plan or coordinated area plan (within the meaning, in each case, of the *Act of 2024*), or any local area plan in force pursuant to *section 81* of the *Act of 2024*,” for “development plan or any local area plan (within the meaning of the Act of 2000)”, and (b) by the substitution, in paragraph (c), of “guidelines under section 28 of the Act of 2000 that continue in force under *section 27* of the *Act of 2024*, a national planning statement under the *Act of 2024*” for “guidelines under section 28 of the Act of 2000, policy directives under section 29 of the Act of 2000”. By the insertion of the following section after section 51AA: **“Alteration of proposed road development** **51AB.** (1) A road Authority or the Authority that applied for an approval of a proposed road development under section 51 may request the Commission to alter the order that approved the proposed road development under subsection (6) of section 51. (2) A request under subsection (1) shall specify the particulars of the alteration and be accompanied by— (a) sufficient information to allow the Commission to assess the request, and (b) such documents or information as may be prescribed. (3) Subject to subsection (4), the Commission shall by order make the alteration where it is satisfied that the alteration is for one or more of the following purposes: (a) correcting a clerical error in the order; (b) facilitating the doing of a thing pursuant to the order, where the doing of that thing may reasonably be regarded as having been contemplated by a particular term of the order, or its terms as a whole, but was not expressly provided for in the order; (c) clarifying the terms of the order; or (d) facilitating the implementation or operation of the order. (4) The Commission shall not make an alteration under subsection (3) where to do so would, in its opinion, result in a material alteration of the order. (5) Before the Commission decides, in relation to a request under subsection (1), whether to make an alteration under subsection (3) or whether an alteration is a material alteration referred to in subsection (4), the Commission may invite submissions in relation to the matter to be made to it by any person it considers appropriate, and shall have regard to submissions made to it on foot of that invitation (if any) in making its decision. (6) An order under subsection (3) shall be considered to be an order under subsection (6) of section 51. (7) The Commission shall, as soon as practicable after making the order under subsection (3), notify the road authority or the Authority that made the request of the order. (8) In this section “Commission” means the Commission within the meaning of the *Act of 2024*.”. Section 52 is amended, in subsection (6), by the substitution of “*section 149* of the *Act of 2024* and for the purposes of *section 439* of that Act” for “section 44 of the Act of 2000, and for the purposes of section 195 of that Act”. | | |

| 12. | Waste Management Act 1996 (No. 10 of 1996) | Section 5 is amended, in subsection (1), in the definition of “development”, by the substitution of “*section 2* of the *Planning and Development Act 2024*” for “section 3 of the Planning and Development Act 2000”. In section 22— (a) in paragraph (g) of subsection (10)— (i) by the substitution of “*section 159* of the *Planning and Development Act 2024*” for “section 179 of the Planning and Development Act 2000”, and (ii) by the substitution of “section 3, 4 or 160” for “section 3, 4 or 179”, (b) in subsection (10AA), by the insertion of “or *Part 4* of the *Planning and Development Act 2024*” after “Part III of the Planning and Development Act 2000”, (c) in subsection (10B)— (i) in paragraph (a), by the insertion of “or *Part 4* of the *Planning and Development Act 2024*” after “Part III of the Planning and Development Act 2000”, (ii) in subparagraph (ii) of paragraph (a) of subsection (10B), by the insertion of “or *Part 4* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”, (iii) in paragraph (c), substitute “(apart from the amendments of them effected by this section) or the *Planning and Development Act 2024*,” for “(apart from the amendments of them effected by this section),”, (iv) in paragraph (d), by the substitution of “Planning and Development Act 2000, or *subsections (2)* to *(7)* of *section 99* of the *Planning and Development Act 2024*, as the case may be,” for “Planning and Development Act 2000,”, and (v) in paragraph (e), by the substitution of “*section 101* of the *Planning and Development Act 2024*” for “section 34(8) of the Planning and Development Act 2000”, (d) in subparagraph (i) of paragraph (c) of subsection (10C), by the substitution of “*Chapter 4* or *Chapter 6* of *Part 4* of the *Planning and Development Act 2024*” for “section 175 or 179 of the Planning and Development Act 2000”, and (e) in paragraph (a) of subsection (10D), by the substitution of “In performing their functions under the Planning and Development Acts 2000 to 2023 or the *Planning and Development Act 2024*, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000 or *Part 4* of the *Planning and Development Act 2024*,” for “In performing their functions under the Planning and Development Acts 2000 to 2002, and, in particular, their functions under Part III and sections 175 and 179 of the Planning and Development Act 2000,”. Section 42 is amended— (a) in subsection (1A)— (i) in the definition of “application for permission”, by the substitution of the following paragraphs for paragraphs (b) and (c): “(b) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226 of the Planning and Development Act 2000, (c) an application for substitute consent under section 177E of the Planning and Development Act 2000, or (d) an application for permission under *Part 4* of the *Planning and Development Act 2024*;”, (ii) in the definition of “grant of permission”, by the substitution of the following paragraphs for paragraphs (b) and (c): “(b) an approval for development under section 175, 177AE, 181B, 182B, 182D or 226 of the Planning and Development Act 2000, (c) a grant of substitute consent under section 177K of the Planning and Development Act 2000, or (d) permission under *Part 4* of the *Planning and Development Act 2024*;”, (b) in subsection (1AA), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”, (c) in subsection (1B)— (i) in paragraph (a)— (I) in subparagraph (i), by the insertion of “or the *Planning and Development Act 2024*, as the case may be,” after “Planning and Development Act 2000”, and (II) in subparagraph (ii), by the insertion of “or the *Planning and Development Act 2024*, as the case may be” after “Planning and Development Act 2000”, (ii) in subparagraph (ii) of paragraph (b), by the insertion of “or the *Planning and Development Act 2024*, as the case may be” after “Planning and Development Act 2000”, (d) in paragraph (d) of subsection (1D), by the insertion of “or *subsection (5)* of *section 102* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”, (e) in subsection (1G)— (i) in paragraph (a), by the insertion of “or the *Planning and Development Act 2024*, as the case may be” after “Planning and Development Act 2000”, and (ii) in subparagraph (ii) of paragraph (b), by the insertion of “or the *Planning and Development Act 2024*, as the case may be,” after “Planning and Development Act 2000”. Section 54 is amended— (a) in subsection (3)— (i) by the substitution of “the *Planning and Development Act 2024*” for “section 34 of the Planning and Development Act 2000, or any other provision of that Act”, and (ii) by the substitution of “*Chapter 3* of *Part 4*, or retrospective consent under *Chapter 4* of *Part 4*, of that Act” for “section 34 or, substitute consent as defined in section 177T, of that Act”, (b) in subsection (3A), by the substitution of “*Chapter 3* of *Part 4* of the *Planning and Development Act 2024*, or refuse a grant of retrospective consent under *Chapter 4* of *Part 4* of that Act” for “section 34 or refuse a grant of substitute consent of the Planning and Development Act 2000”, (c) in subsection (4)— (i) by the substitution of “Where a permission under section 34 of the Planning and Development Act 2000, or *Chapter 3* of *Part 4* of the *Planning and Development Act 2024*, as the case may be, has been granted” for “Where a permission under section 34 of the Planning and Development Act 2000 has been granted”, and (ii) in subparagraph (ii) of paragraph (a), by the substitution of “Planning and Development Act 2000, or *Chapter 3* of *Part 4* of the *Planning and Development Act 2024*, as the case may be” for “Planning and Development Act 2000”, and (d) in subsection (5), by the substitution of “of the *Planning and Development Act 2024*, and a condition attached to a permission under *Chapter 3* of *Part 4* of that Act” for “of the Planning and Development Act 2000, and a condition attached to a permission under section 34 of that Act”. | | |

| 13. | Harbours Act 1996 (No. 11 of 1996) | Section 9 is amended— (a) in subparagraph (ii) of paragraph (c) of subsection (3), by the substitution of “Planning and Development Acts 2000 to 2023 and the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2009”, (b) in subparagraph (iii) of paragraph (c) of subsection (3), by the substitution of “Planning and Development Acts 2000 to 2023 and the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2009”, and (c) by the substitution of the following subparagraph for subparagraph (iv) of paragraph (c) of subsection (3): “(iv) any development plan made by a planning authority pursuant to *Chapter 5* of *Part 3* of the *Planning and Development Act 2024*, any urban area plans, priority area plans or coordinated area plans made under *Chapter 6* of *Part 3* of that Act, or any local area plan continued in force by *section 81* of that Act.”. Section 91 is amended— (a) in subparagraph (ii) of paragraph (c) of subsection (3), by the substitution of “Planning and Development Acts 2000 to 2023 and the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2014”, (b) in subparagraph (iii) of paragraph (c) of subsection (3), by the substitution of “Planning and Development Acts 2000 to 2023 and the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2014”, and (c) by the substitution of the following subparagraph for subparagraph (iv) of paragraph (c) of subsection (3): “(iv) any development plan made by a planning authority pursuant to *Chapter 5* of *Part 3* of the *Planning and Development Act 2024*, any urban area plans, priority area plans or coordinated area plans made under *Chapter 6* of *Part 3* of that Act, or any local area plan continued in force by *section 81* of that Act.”. | | |

| 14. | Litter Pollution Act 1997 (No. 12 of 1997) | Section 11 is amended, in subsection (3), by the substitution of “*Planning and Development Act 2024*” for “Local Government (Planning and Development) Act 1963”. Section 19 is amended— (a) in paragraph (a) of subsection (7), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”, and (b) in subsection (8), in the definition of “structure”, by the substitution of “*Planning and Development Act 2024*” for “Local Government (Planning and Development) Act 1963”. Section 20 is amended— (a) in subsection (8), by the substitution of “*Part 4* of the *Planning and Development Act 2024*” for “Part IV of the Local Government (Planning and Development) Act 1963”, and (b) in subsection (9), by the substitution of “*Planning and Development Act 2024*” for “Local Government (Planning and Development) Act 1963”. | | |

| 15. | Housing (Miscellaneous Provisions) Act 1997 (No. 21 of 1997) | Section 1 is amended— (a) in the definition of “affordable house”, by the substitution of “Planning and Development Act 2000, *Part 7* of the *Planning and Development Act 2024*,” for “Planning and Development Act 2000”, (b) in paragraph (b) of the definition of “anti-social behaviour”, by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000”, (c) in the definition of “estate management”— (i) in paragraph (a), by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000”, and (ii) in paragraph (b), by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000”, and (d) in the definition of “tenant”, by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000”. Section 14 is amended, in subsection (5), by the substitution of the following paragraphs for paragraphs (c) and (d): “(c) section 6 of the Housing (Miscellaneous Provisions) Act 2002; (d) Part V of the Planning and Development Act 2000; and (e) *Part 7* of the *Planning and Development Act 2024*.”. Section 15 is amended, in subsection (2), by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000”. | | |

| 16. | Courts Service Act 1998 (No. 8 of 1998) | Section 33 is amended— (a) in subsection (1), by the substitution of “*section 154* of the *Act of 2024*” for “section 181(1) of the Act of 2000”, (b) by the substitution of the following paragraph for paragraph (a) of subsection (2): “(a) Notwithstanding— (i) subsection (1) of section 181 of the Act of 2000, (ii) *section 158* of the *Act of 2024*, and (iii) any regulations made under the sections referred to in paragraphs (i) and (ii), or under *paragraph (i)* of *subsection (2)* of *section 183* of the *Act of 2024*, that provide for the giving of any specified notice with respect to proposed development consisting of the provision of temporary courthouses, it shall be necessary to give such notice of such proposed development once only.”, (c) in subsection (3), by the substitution of “*Act of 2024* or, as may be appropriate, any requirement or requirements of regulations under *section 158* or *section 183(2)(i)* of the *Act of 2024* specified in the order, shall not apply to the development, and for so long as such an order is in force the *Act of 2024*” for “Act of 2000 or, as may be appropriate, any requirement or requirements of regulations under section 181(1)(b) of the Act of 2000 specified in the order, shall not apply to the development, and for so long as such an order is in force the Act of 2000”, and (d) by the substitution of the following subsection for subsection (6): “(6) In this section— ‘Act of 2000’ means the Planning and Development Act 2000; ‘*Act of 2024*’ means the *Planning and Development Act 2024*.”. | | |

| 17. | Wildlife (Amendment) Act 2000 (No. 38 of 2000) | Section 15 is amended, in the definition of “works”, by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”. Section 18A is amended, in subsection (2), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000” in each place it occurs. Section 59H is amended, in paragraph (aa) of subsection (1), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”. | | |

| 18. | Local Government Act 2001 (No. 37 of 2001) | Section 2 is amended, in subsection (1)— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, and (b) in the definition of “land”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 51 is amended, in subparagraph (ii) of paragraph (a) of subsection (2), by the substitution of “*Part 3* of the *Act of 2024*” for “Part II of the Act of 2000”. Section 66B is amended, in subsection (4), by the substitution of the following paragraphs for paragraphs (a) and (b): “(a) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of *Chapter 5* of *Part 3* of the *Act of 2024*) of the local authority concerned, and (b) any regional spatial and economic strategy (being a strategy for the purposes of *Chapter 4* of *Part 3* of the *Act of 2024*)”. Section 66C is amended— (a) in paragraph (c) of subsection (2), by the substitution of the following subparagraphs for subparagraphs (i) and (ii): “(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of *Chapter 5 of Part 3* of the *Act of 2024*) of the local authority concerned, (ii) any regional spatial and economic strategy (being a strategy for the purposes of *Chapter 4 of Part 3* of the *Act of 2024*), that may apply, and”, (b) in paragraph (c) of subsection (3), by the substitution of the following subparagraphs for subparagraphs (i) and (ii): “(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of *Chapter 5 of Part 3* of the *Act of 2024*) of the local authority concerned, (ii) any regional spatial and economic strategy (being a strategy for the purposes of *Chapter 4 of Part 3* of the *Act of 2024*), that may apply, and”, (c) in paragraph (a) of subsection (4), by the substitution of the following subparagraphs for subparagraphs (i) and (ii): “(i) the integrated overall strategy and the objectives of the development plan (being the development plan for the purposes of *Chapter 5 of Part 3* of the *Act of 2024*) of the local authority concerned that apply to the area of the Plan, and (ii) any regional spatial and economic strategy (being a strategy for the purposes of *Chapter 4 of Part 3* of the *Act of 2024*), that apply to the area of the Plan.”. Section 66H is amended by the substitution of the following paragraph for paragraph (i) of subsection (2): “(i) the procedures and processes to ensure consistency with the regional spatial and economic strategy referred to in subsections (2)(c)(ii), (3)(c)(ii) and (4)(a)(ii) of section 66C for the purposes of *Chapter 4* of *Part 3* of the *Act of 2024*,”, Section 140 is amended— (a) in paragraph (e) of subsection (10), by the substitution of “Planning and Development Act 2000 or the *Act of 2024*” for “Planning and Development Act 2000”, and (b) in subsection (11), by the substitution of “*Chapter 3* of *Part 4* of the *Act of 2024* insofar as the said Chapter” for “section 34 of the Act of 2000 insofar as the said section 34”. Section 183 is amended, in paragraph (f) of subsection (1), by the substitution of “*section 406(2)* of the *Act of 2024*” for “section 211(2) of the Act of 2000”. Section 184 is amended— (a) by the substitution of the following subsection for subsection (1): “(1) Without prejudice to the generality or application of *section 405, 406, 409* or *422* of the *Act of 2024*, the functions conferred on a local authority by section 11(7)(a) shall— (a) as regards the acquisition of land be construed in accordance with *section 409* of the *Act of 2024* or, in the case of a maritime site within the meaning of that Act, *section 422* of that Act, (b) as regards the disposal of land be construed in accordance with *section 406* of the *Act of 2024*, and *section 405* of the *Act of 2024* shall apply as regards the appropriation of land.”, and (b) by the substitution of the following subsection for subsection (2): “(2) For the avoidance of doubt it is hereby declared that the functions conferred on a local authority by *paragraph 409(2)(a)* or *422(2)(a)* of the *Act of 2024*, as the case may be, may be performed in relation to any easement, way-leave, water right or other right to which such paragraph applies granted by or held from the local authority acquiring the land or maritime site, and ‘acquisition of land’ and ‘acquisition of a maritime site’ shall be construed accordingly for the purposes of that Act.”. Schedule 14A is amended, in Part 1— (a) by the substitution of the following row for the row at reference number 22: “ | | |

| 22. | Taking in charge of public components of developments by planning authority. | *Section 261* of the *Act of 2024*. | | |

| ”, and (b) in column (3) of the row at reference number 30, by the substitution of “*Section 267* of the *Act of 2024*” for “Section 205 of the Act of 2000”. Schedule 14A is amended, in Part 2, by the substitution of the following rows for the rows at reference numbers 11 to 17: “ | | | | |

| 11. | Approving a proposal of the chief executive to grant permission for the land-based development that materially contravenes the development plan or for maritime development that materially contravenes the National Marine Planning Framework. | *Section 99* of the *Act of 2024*. | | |

| 12. | A decision in relation to the making, amendment or revocation of a local area plan within the meaning of the Act of 2000. | Section 20 of the Act of 2000. | | |

| 12A. | A decision in relation to the making, amendment or revocation of an urban area plan, a priority area plan or a coordinated area plan. | *Sections 74, 75* and *section 76* of the *Act of 2024*. | | |

| 12B. | A decision in relation to the making, amendment or revocation of an urban area plan, priority area plans or coordinated area plan. | *Section 74, 75* or *76* of the *Act of 2024*. | | |

| 13. | The making of an addition to, deletion from or amendment to, a record of protected structures to which *Part 10* of the *Act of 2024* relates. | *Section 307* of the *Act of 2024*. | | |

| 14. | Approving, modifying, revoking or extending a special planning control Scheme. | *Sections 336* and *337* of the *Act of 2024*. | | |

| 15. | Deciding to carry out, carry out subject to modification, or not to carry out a proposed local authority development. | *Section 159* of the *Act of 2024.* | | |

| 16. | Making, or refusing to make an order creating a public right of way over any land. | *Section 269* of the *Act of 2024*. | | |

| 17. | Deciding to vary or modify, or not to proceed with, an event proposed to be carried out by a local authority. | *Section 486* of the *Act of 2024*. | | |

| ”. Schedule 14A is amended, in Part 3— (a) in column (3) of the row at reference number 32, by the substitution of “*Section 266* of the *Act of 2024*” for “Section 202 of the Act of 2000”, (b) by the deletion of the rows at reference numbers 33, 52, 74 and 75, (c) by the substitution of the following rows for the rows at reference numbers 69 to 73: “ | | | | |

| 69. | The making of a development plan and making of a variation of a development plan which for the time being is in force. | *Sections 55* and *58* of the *Act of 2024*. | | |

| 70. | The revocation or modification of a permission relating to land-based development or maritime development. | *Section 149* of the *Act of 2024*. | | |

| 71. | Making a development contribution scheme. | *Section 584* of the *Act of 2024*. | | |

| 72. | Making or amending a supplementary development contribution scheme. | *Section 585* of the *Act of 2024*. | | |

| 73. | Deciding to make, subject to variations and modifications, or deciding not to make a draft planning scheme for strategic development zones. | *Section 593* of the *Act of 2024*. | | |

| ”, and (e) by the substitution of the following row for the row at reference number 76: “ | | | | |

| 76. | Making or terminating of an agreement by two or more planning authorities for sharing the cost of performing functions under the *Planning and Development Act 2024*. | *Section 581* of the *Act of 2024*. | | |

| ”. | | | | |

| 19. | Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001) | Section 2 is amended, in subsection (1)— (a) by the insertion of the following definitions: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*; ‘Commission’ has the meaning assigned to it by the *Act of 2024*;”, (b) in the definition of “land”, by the substitution of “*Act of 2024*” for “Act of 2000”, and (c) in the definition of “planning authority”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 38 is amended— (a) in subsection (1), by the insertion of “and the *Act of 2024*” after “the Act of 2000”, and (b) by the insertion of the following subsection after subsection (2): “(3) *Part 10* of the *Act of 2024* does not apply to developments specified in subsection (1).”. Section 39 is amended, in subsection (4), by the substitution of “, the Act of 2000 and any regulation made thereunder in relation to environmental impact assessment and the *Act of 2024* and any regulation made thereunder in relation to environmental impact assessment” for “and the Act of 2000 and any regulation made thereunder in relation to environmental impact assessment”. Section 42 is amended, in subsection (2), by the substitution of “*Sections 370, 372, 376* and *380* of the *Act of 2024*” for “Sections 135, 143 and 146 of the Act of 2000 (as amended by the Planning and Development (Strategic Infrastructure) Act 2006)”. Section 43 is amended in paragraph (h) of subsection (1), by the substitution of “*section 380* of the *Act of 2024*” for “section 143 (inserted by the Planning and Development (Strategic Infrastructure) Act 2006) of the Act of 2000”. By the insertion of the following section after section 46: **“Alteration of railway order** **46A.**(1) A person who has been granted a railway order may request the Commission to alter the railway order. (2) A request under subsection (1) shall specify the particulars of the alteration and be accompanied by— (a) sufficient information to allow the Commission to assess the request, and (b) such documents or information as may be prescribed. (3) Subject to subsection (4), the Commission shall by order make the alteration to the railway order where it is satisfied that the alteration is for one or more than one of the following purposes: (a) correcting a clerical error in the railway order; (b) facilitating the doing of a thing pursuant to the railway order, where the doing of that thing may reasonably be regarded as having been contemplated by a particular term of the railway order, or its terms as a whole, but was not expressly provided for in the railway order; (c) clarifying the terms of the railway order; or (d) facilitating the implementation or operation of the railway order. (4) The Commission shall not make an alteration where to do so would, in its opinion, result in a material alteration of the railway order. (5) Before the Commission decides, in relation to a request, whether to make an alteration under subsection (3) or whether an alteration is a material alteration referred to in subsection (4), the Commission may invite submissions in relation to the matter to be made to it by any person it considers appropriate, and shall have regard to submissions made to it on foot of that invitation (if any) in making its decision. (6) An order under subsection (3) shall be considered to be a railway order under section 43. (7) The Commission shall, as soon as practicable after making the order under subsection (3), notify the person who made the request and each planning authority in whose functional area the railway works the subject of the order are situated or proposed to be situated of the order. (8) Where the Commission is not satisfied that the alteration requested under subsection (1) is for a purpose referred to in subsection (3), or is of the opinion that it is a material alteration referred to in subsection (4), the person who made the request may apply to the Commission for an alteration of the railway order under section 37 and sections 37 to 47E shall apply to the request accordingly, subject to the following and any other necessary modifications: (a) a reference to railway works or proposed railway works shall be construed as if it were a reference to the alteration applied for; (b) a reference to the applicant for a railway order shall be construed as if it were a reference to the applicant for the alteration. (9) In this section, ‘term’ includes a condition, modification, restriction or requirement in a railway order.”. Section 47 is amended, in subsection (1), by the substitution of “sections 37 to 47E” for “sections 37 to 46”. Section 47C is amended, in subsection (3), by the substitution of “this Act, the Act of 2000, the *Act of 2024* or regulations under any of those Acts” for “this Act or the Planning and Development Act 2000 or regulations under either of those Acts”. Section 47DD is amended, in subsection (2), by the insertion of “or *section 381* of the *Act of 2024*” after “Act of 2000”. Section 47E is amended, in subsection (7), by the insertion of “or under *section 522* of the *Act of 2024*” after “Act of 2000”. By the insertion of the following section after section 47F: **“Transitional and saving provisions relating to *Act of 2024*** **47G.** (1) Notwithstanding the repeal of sections 135, 143 or 146 of the Act of 2000 effected by *section 6* of the *Act of 2024*, those sections of the Act of 2000 shall continue to apply and have effect on and after that repeal in relation to an oral hearing referred to in section 42 in respect of an application for a railway order made under section 37 but not determined before the repeal. (2) Notwithstanding the repeal of paragraphs (d) and (e) of subsection (4) of section 37 of the Act of 2000 by *section 6* of the *Act of 2024*, those paragraphs and any regulations made under that paragraph (e) shall continue to apply and have effect on and after that repeal for the purposes of section 47A(2)(b)(ii).”. | | |

| 20. | Communications Regulation Act 2002 (No. 20 of 2002) | Section 52 is amended, in subsection (1)— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, and (b) in the definition of “planning authority”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 53 is amended, in subsection (20), by the substitution of “*section 13* of the *Act of 2024* in respect of *subsection (2)(e)* of that section” for “section 254 of the Act of 2000 in respect of subsection (1)(e) of that section”. Section 55 is amended— (a) in subsection (1), by the substitution of “*subsection (5)* or *(6)* of *section 13* of the *Act of 2024*” for “section 254(4) of the Act of 2000”, and (b) in subsection (6), by the substitution of “*section 13* of the *Act of 2024*” for “section 254 of the Act of 2000”. Section 58 is amended, in subsection (6), by the substitution of “of the Act of 2000 or *section 267* of the *Act of 2024* (either of which relates to the preservation of trees, a group of trees or woodlands)” for “(which relates to the preservation of trees, a group of trees or woodlands) of the Act of 2000”. | | |

| 21. | Licensing of Indoor Events Act 2003 (No. 15 of 2003) | Section 2 is amended, in subsection (1), in the definition of “indoor event”, by the insertion of “or the *Planning and Development Act 2024*” after “Planning and Development Act 2000”. | | |

| 22. | Digital Hub Development Agency Act 2003 (No. 23 of 2003) | Section 9 is amended, in subsection (5), by the insertion of “, or *Part 4* of the *Planning and Development Act 2024*,” after “Planning and Development Act 2000”. | | |

| 23. | Civil Registration Act 2004 (No. 3 of 2004) | Section 66 is amended, in subparagraph (iii) of paragraph (j) of subsection (1), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”. | | |

| 24. | Residential Tenancies Act 2004 (No. 27 of 2004) | Section 4 is amended, in the definition of “planning permission” in subsection (1), by the insertion of “or *Chapter 3* of *Part 4* of the *Planning and Development Act 2024*” after “section 34 of the Planning and Development Act 2000”. Section 19 is amended, in clause (I) of subparagraph (i) of paragraph (a) of subsection (5), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”. | | |

| 25. | Disability Act 2005 (No. 14 of 2005) | Section 29 is amended, in paragraph (c) of subsection (3), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”. | | |

| 26. | Grangegorman Development Agency Act 2005 (No. 21 of 2005) | Section 12 is amended, in subsection (5), by the substitution of “Planning and Development Act 2000, or the *Planning and Development Act 2024*,” for “Planning and Development Act 2000”. | | |

| 27. | Railway Safety Act 2005 (No. 31 of 2005) | Section 4 is amended, in subsection (4), by the insertion of “or *section 487* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”. | | |

| 28. | Energy (Miscellaneous Provisions) Act 2006 (No. 40 of 2006) | Section 2 is amended by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Part 8 is amended by the insertion of the following section after section 22: **“Certain development approvals under *Act of 2024*** **22A.** (1) Nothing in the *Planning and Development Act 2024* shall be read as meaning that a permission under *section 98* or *section 123* of that Act is required, either in circumstances generally or in the circumstances referred to in subsection (2) in respect of the terminal referred to in subsection (3). (2) The circumstances mentioned in subsection (1) are that an application is made under *section 120* of the *Act of 2024* in relation to a development which, if it is carried out, will consist of the alteration or modification of the terms of the strategic gas infrastructure development referred to in subsection (3) other than the terms of that development that comprise the terminal referred to in that subsection. (3) The terminal mentioned in subsections (1) and (2) is a terminal comprised in a strategic gas infrastructure development (within the meaning of the *Act of 2024*) the pipeline comprised in which development has been the subject of a consent referred to in section 22(3)(iii)(I).”. | | |

| 29. | Water Services Act 2007 (No. 30 of 2007) | Section 2 is amended, in subsection (1)— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, (b) in the definition of “development”, by the substitution of “*section 2* of the *Act of 2024*” for “section 3 of the Act of 2000”, and (c) in the definition of “development plan”, by the substitution of “within the meaning of the *Act of 2024*” for “adopted under section 9(1) of the Act of 2000”. Section 22 is amended, in subsection (10), by the substitution of “*section 394* of the *Act of 2024*” for “section 252 of the Act of 2000”. Section 31 is amended— (a) by the substitution of the following paragraph for paragraph (h) of subsection (2): “(h) relevant development plans, regional spatial and economic strategies, housing strategies or special amenity area orders, as appropriate, made under the *Act of 2024*;”, and (b) in subsection (19), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 41 is amended— (a) in subsection (9), by the substitution of “*section 13* of the *Act of 2024*” for “section 254 of the Act of 2000”, and (b) by the substitution of the following subsection for subsection (12): “(12) *Sections 275* and *276* of the *Act of 2024* shall apply to a water services authority for the purposes of this Act, and any references to a local authority in the said sections or in *Part 14* or related Parts of the *Act of 2024* shall be deemed to be a reference to a water services authority for the purposes of this Act.”. Section 43 is amended, in paragraph (a) of subsection (13), by the substitution of “*Chapter 2* of *Part 8* of the *Act of 2024*” for “section 180 of the Act of 2000”. Section 50 is amended, in subsection (1), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 55 is amended— (a) in paragraph (c) of subsection (1), by the substitution of “*Schedule 4* of the *Act of 2024*” for “the Fourth Schedule of the Act of 2000”, (b) in subsection (4), by the substitution of “*Part 4* of the *Act of 2024*” for “Part III of the Act of 2000”, (c) in paragraph (a) of subsection (5), by the substitution of “*section 87(3)(n)* of the *Act of 2024*” for “section 34(4)(m) of the Act of 2000”, and (d) in paragraph (b) of subsection (5), by the substitution of “*section 87(3)(n)* of the *Act of 2024*” for “section 34(4)(m) of the Act of 2000”. Section 61 is amended— (a) in paragraph (c) of subsection (1), by the substitution of “*Schedule 4* of the *Act of 2024*” for “the Fourth Schedule of the Act of 2000”, (b) in subsection (5), by the substitution of “*Part 4* of the *Act of 2024*” for “Part III of the Act of 2000”, (c) in paragraph (a) of subsection (6), by the substitution of “*section 87(3)(n)* of the *Act of 2024*” for “section 34(4)(m) of the Act of 2000”, and (d) in paragraph (b) of subsection (6), by the substitution of “*section 87(3)(n)* of the *Act of 2024*” for “section 34(4)(m) of the Act of 2000”. Section 92 is amended, in subsection (7)— (a) in subparagraph (i) of paragraph (b), by the substitution of “*section 443* or *466* of the *Act of 2024*, as the case may be,” for “section 199 of the Act of 2000”, and (b) by the substitution of the following subparagraphs for subparagraph (ii) of paragraph (b): “(ii) Subject to subparagraph (iii), the provisions of *Chapter 3* of *Part 15* of the *Act of 2024* shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if— (I) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section, and (II) references to *section 443* were references to this subsection, and subject to any other necessary modifications. (iii) In respect of a claim to which subparagraph (ii) applies, the time limits referred to in *paragraph (f)* of *subsection (1)* of *section 447* of the *Act of 2024* shall apply to a claim under this subsection as if a reference in that paragraph to *subsection (4)* of *section 275* were a reference to this subsection. (iv) Subject to subparagraph (v), the provisions of *Chapter 7* of *Part 15* of the *Act of 2024* shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if— (I) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section, and (II) references to *section 466* were references to this subsection, and subject to any other necessary modifications. (v) In respect of a claim to which subparagraph (iv) applies, the time limits referred to in *paragraph (f)* of *subsection (1)* of *section 492* of the *Act of 2024* shall apply to a claim under this subsection as if a reference in that paragraph to *subsection (5)* of *section 276* were a reference to this subsection.”. Section 93 is amended— (a) in subsection (1), by the substitution of “may acquire a maritime site (within the meaning of the *Act of 2024*) or land for the purpose of performing any of its functions under this Act, and *section 275, 276* and *Part 14* of the *Act of 2024*” for “may acquire land for the purpose of performing any of its functions under this Act, and section 182 and Part XIV of the Act of 2000”, and (b) in subsection (2), by the substitution of “ ‘acquisition of land’ or ‘acquisition of a maritime site’, as the case may be, under the *Act of 2024*” for “ ‘acquisition of land’ under the Act of 2000”. Section 97 is amended— (a) in paragraph (a) of subsection (8), by the substitution of “*section 443* or *466* of the *Act of 2024*, as the case may be,” for “section 199 of the Act of 2000”, (b) by the substitution of the following paragraphs for paragraph (b) of subsection (8): “(b) Subject to paragraph (c), the provisions of *Chapter 3* of *Part 15* of the *Act of 2024* shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if— (i) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section, and (ii) references to *section 443* were references to this subsection, and subject to any other necessary modifications. (c) The time limits referred to in *paragraph (f)* of *subsection (1)* of *section 447* of the *Act of 2024* shall apply to a claim under this subsection as if a reference in that paragraph to *subsection (4)* of *section 275* were a reference to this subsection. (d) Subject to paragraph (e), the provisions of *Chapter 7* of *Part 15* of the *Act of 2024* shall, in so far as they are relevant to this section, apply in relation to a claim for compensation under this subsection as if— (i) references to a planning authority were references to a water services authority or such other person performing the action concerned pursuant to this section, and (ii) references to *section 466* were references to this subsection, and subject to any other necessary modifications. (e) in respect of a claim to which paragraph (d) applies, the time limits referred to in *paragraph (f)* of *subsection (1)* of *section 470* of the *Act of 2024* shall apply to a claim under this subsection as if a reference in that paragraph to *subsection (5)* of *section 276* were a reference to this subsection.”, and (c) in subsection (9), by the substitution of “*section 394* of the *Act of 2024*” for “section 252 of the Act of 2000”. | | |

| 30. | Roads Act 2007 (No. 34 of 2007) | Section 8 is amended, in subsection (4), by the substitution of “Planning and Development Act 2000, or *Chapter 3* of *Part 4* of the *Planning and Development Act 2024*,” for “Planning and Development Act 2000”. | | |

| 31. | Dublin Transport Authority Act 2008 (No. 15 of 2008) | Section 2 is amended— (a) by the insertion of the following definitions: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*; ‘regional spatial and economic strategy’ has the meaning it has in the *Act of 2024*;”, and (b) in the definition of “land”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 12 is amended— (a) by the substitution of the following paragraph for paragraph (b) of subsection (5): “(b) the regional spatial and economic strategy in force for the GDA,”, (b) by the substitution of the following subsection for subsection (6): “(6) The Authority shall ensure that the transport strategy is consistent with the relevant regional spatial and economic strategy for the GDA”, and (c) in subsection (10), by the substitution of the following paragraphs for paragraphs (a) and (b): “(a) consistent with the regional spatial and economic strategy for the GDA, or (b) not consistent with the regional spatial and economic strategy for the GDA, and where not so consistent what amendments to the draft transport strategy they consider necessary to achieve such consistency.”. Section 44 is amended— (a) in paragraph (c) of subsection (1), by the substitution of “*Part 14* of the *Act of 2024*” for “Part XIV of the Act of 2000”, (b) in subsection (6)— (i) in paragraph (ii), by the substitution of “*Part 14* of the *Act of 2024*” for “Part XIV of the Act of 2000”, and (ii) in paragraph (iii), by the substitution of “*subsection (4)* of *section 152* of the *Act of 2024*” for “section 178 of the Act of 2000”, (c) in subsection (6A), by the substitution of “*Part 14* of the *Act of 2024*” for “Part XIV of the Act of 2000”, (d) in subsection (7)— (i) by the substitution of “*Act of 2024*” for “Act of 2000”, and (ii) by the substitution of “*Part 14*” for “Part XIV”, (e) subsection (14) is amended, in paragraph (b)— (i) in subparagraph (i), by the substitution of “section,” for “section, or”, (ii) in subparagraph (ii), by the substitution of “section, or” for “section,”, (iii) by the insertion of the following subparagraph after subparagraph (ii): “(iii) under *Chapter 4* of *Part 4* of the *Act of 2024* pursuant to an application for approval made by the Authority under *section 120* of that Act,”, and (iv) by the substitution of “*Act of 2024*.” for “Act of 2000.”, and (f) by the insertion of the following subsection after subsection (15): “(15A) For the purposes of *Chapter 4* of *Part 4* of the *Act of 2024*, where a proposed development relates to public transport infrastructure, an application for permission under *Chapter 4* of *Part 4* of the *Act of 2024* may be made by the Authority, with the concurrence of the local authority concerned, and, accordingly, the references to ‘prospective applicant’ in *Chapter 4* of *Part 4* of the *Act of 2024* shall be read as references to the Authority.”. Section 64 is amended by the substitution of the following paragraph for paragraph (b) of subsection (2): “(b) the relevant regional spatial and economic strategy,”. | | |

| 32. | Housing (Miscellaneous Provisions) Act 2009 (No. 22 of 2009) | Section 2 is amended, in subsection (1)— (a) in the definition of “affordable housing”, by the substitution of “Planning and Development Act 2000, *Part 7* of the *Planning and Development Act 2024*” for “Planning and Development Act 2000”, (b) in the definition of “development plan”, by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”, and (c) in the definition of “housing strategy”, by the substitution of “*section 2* of the *Planning and Development Act 2024*” for “section 93 of the Planning and Development Act 2000”. Section 17 is amended, in subsection (1), by the substitution of “*section 57* of the *Planning and Development Act 2024*” for “section 95(3) of the Planning and Development Act 2000”. Section 19 is amended, in paragraph (a) of subsection (2), by the insertion of “or *Part 7* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”. Section 21 is amended, in paragraph (a), by the substitution of “*section 242(6)(a)* of the *Planning and Development Act 2024*” for “section 94(4)(a)(i) of the Planning and Development Act 2000”. Section 22 is amended, in paragraph (a) of subsection (1), by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000”. Section 27 is amended by the substitution of “*Section 406(2)* of the *Planning and Development Act 2024*” for “Section 211(2) of the Planning and Development Act 2000”. Section 28 is amended— (a) in subsection (2), by the insertion of “or *Part 7* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”, and (b) in paragraph (d) of subsection (4), by the substitution of “Housing Acts 1966 to 2009, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000”. Section 31 is amended— (a) in subsection (1), by the insertion of “or *Part 7* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”, and (b) in paragraph (b) of subsection (3), by the insertion of “or *Part 7* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”. Section 44 is amended, in paragraph (a) of subsection (1), by the insertion of “or *Part 7* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”. Section 45 is amended, in subsection (5), by the substitution of “*Section 406(2)* of the *Planning and Development Act 2024*” for “Section 211(2) of the Planning and Development Act 2000”. Section 64 is amended, in subsection (10), by the substitution of “*Section 406(2)* of the *Planning and Development Act 2024*” for “Section 211(2) of the Planning and Development Act 2000”. Section 97 is amended, in subsection (1), in the definition of “qualified purchaser”, by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2009 or Part V of the Planning and Development Act 2000”. | | |

| 33. | Land and Conveyancing Law Reform Act 2009 (No. 27 of 2009) | Section 3 is amended— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, (b) in the definition of “development”, by the substitution of “*section 2* of the *Act of 2024*” for “section 3 of the Act of 2000”, (c) in the definition of “development plan”, by the substitution of “*section 2* of the *Act of 2024*” for “section 3(1) of the Act of 2000”, (d) in the definition of “exempted development”, by the substitution of “*section 2* of the *Act of 2024*” for “section 4 of the Act of 2000”, and (e) in the definition of “planning permission”, by the substitution of “*Part 4* of the *Act of 2024*” for “Part III of the Act of 2000”. Section 50 is amended, in paragraph (c) of subsection (2), by the substitution of “the *Act of 2024*” for “the Act of 2000”. | | |

| 34. | National Asset Management Agency Act 2009 (No. 34 of 2009) | Section 4 is amended, in subsection (1), in the definition of “development land”, by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2007”. Section 12 is amended, in subsection (8), by the substitution of “(within the meaning of the *Planning and Development Act 2024*)” for “(within the meaning of the Planning and Development Act 2000, including any regional planning guidelines to which section 21(4) of that Act relates)”. | | |

| 35. | Public Transport Regulation Act 2009 (No. 37 of 2009) | Section 10 is amended, in subparagraph (vii) of paragraph (b) of subsection (1), by the substitution of “relevant regional spatial and economic strategies under *Chapter 4* of *Part 3* of the *Planning and Development Act 2024*” for “relevant regional planning guidelines under Chapter III of Part II of the Act of 2000”. | | |

| 36. | Inland Fisheries Act 2010 (No. 10 of 2010) | Section 59 is amended, in paragraph (b) of subsection (7), by the substitution of “Planning and Development Acts 2000 to 2023 or the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2006”. | | |

| 37. | Multi-Unit Developments Act 2011 (No. 2 of 2011) | The following provisions are amended by the substitution of “Planning and Development Acts 2000 to 2023 or the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2009”: (a) subsection (1) of section 1, in the definition of “development stage”; (b) paragraph (a) of section 7; (c) subparagraph (ii) of paragraph (l) of subsection (5) of section 24; (d) subparagraph (a) of paragraph 1 of Schedule 3; (e) paragraph 2 of Schedule 3. | | |

| 38. | Environment (Miscellaneous Provisions) Act 2011 (No. 20 of 2011) | Section 4 is amended, in paragraph (n) of subsection (4), by the substitution of “Planning and Development Act 2000 or, during the period beginning on the day on which the *Planning and Development Act 2024*, or any provision of it, is first commenced and the day on which *section 300* of that Act is commenced, the *Planning and Development Act 2024*” for “Planning and Development Act 2000”. | | |

| 39. | Water Services Act 2013 (No. 6 of 2013) | Section 21 is amended, in subsection (2), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000”. | | |

| 40. | Water Services (No. 2) Act 2013 (No. 50 of 2013) | Section 2 is amended— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, and (b) in the definition of “planning authority”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 12 is amended, in subsection (8), by the insertion of “or *section 584* or *585* of the *Act of 2024*” after “Act of 2000”. Section 24 is amended by— (a) the deletion of the definition of “regional planning guidelines”, and (b) the insertion of the following definition: “ ‘regional spatial and economic strategy’ has the same meaning as it has in the *Act of 2024*;”. Section 33 is amended— (a) in subparagraph (ii) of paragraph (a) of subsection (5), by the substitution of “any regional spatial and economic strategy for the time being in force” for “regional planning guidelines”, (b) in paragraph (b) of subsection (5), by the substitution of the following subparagraphs for subparagraphs (i) to (iv): “(i) proper planning and sustainable development in line with any development plans within the meaning of the *Act of 2024*, in particular with the integrated overall strategy and the objectives of the development plan within the meaning of *Chapter 5* of *Part 3* of that Act, (ii) housing strategies within the meaning of section 94 of the Act of 2000 or *Part 7* of the *Act of 2024*, (iii) special amenity area orders within the meaning of the *Act of 2024*, (iv) strategic development zones within the meaning of the *Act of 2024*, urban development zones within the meaning of that Act and a candidate UDZ within the meaning of *Part 22* of that Act,”, (c) in subsection (10), by the insertion of “, an application for permission under *Chapter 3* or *4* of *Part 4* of the *Act of 2024* or a request for an alteration of the terms or extension of the duration of a permission under *Chapter 5* of *Part 4* of that Act” after “Act of 2000”, and (d) in subsection (11), by the insertion of “or *section 159* of the *Act of 2024*” after “Act of 2000”. Section 34 is amended— (a) in subsection (5), by the substitution of the following paragraphs for paragraphs (c) to (f): “(c) any local area plans continued in force under *section 81* of the *Act of 2024* or any urban area plan, priority area plan or coordinated area plan under *Chapter 6* of *Part 3* of the *Act of 2024* for the time being in force, (d) any development plans within the meaning of the *Act of 2024*, (e) any regional spatial and economic strategy, and (f) any strategic development zones within the meaning of the *Act of 2024*, any urban development zones within the meaning of that Act and any candidate UDZ within the meaning of *Part 22* of that Act to which the plan relates.”, and (b) in subsection (10), by the substitution of “*section 2* of the *Act of 2024*” for “the Act of 2000”. | | |

| 41. | Housing (Miscellaneous Provisions) Act 2014 (No. 21 of 2014) | Section 6 is amended— (a) in subsection (1)— (i) in the definition of “affordable housing”, by the substitution of “Part V of the Planning and Development Act 2000, *Part 7* of the *Planning and Development Act 2024*”, for “Part V of the Planning and Development Act 2000”, and (ii) in the definition of “dwelling”, by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*”, for “Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000”, and (b) in subsection (2), by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*”, for “Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000”. Section 21 is amended— (a) in the definition of “affordable house”, by the substitution of “Planning and Development Act 2000, *Part 7* of the *Planning and Development Act 2024*” for “Planning and Development Act 2000”, (b) in the definition of “tenant”, by the substitution of “Housing Acts 1966 to 2024, Part V of the Planning and Development Act 2000 or *Part 7* of the *Planning and Development Act 2024*” for “Housing Acts 1966 to 2014 or Part V of the Planning and Development Act 2000”. Section 22 is amended, in subsection (1), by the insertion of “or *Part 7* of the *Planning and Development Act 2024*” after “Planning and Development Act 2000”. Section 25 is amended, in subsection (4), by the substitution of “Section 211(2) of the Planning and Development Act 2000, *subsection (2)* of *section 406* of the *Planning and Development Act 2024*” for “Section 211(2) of the Planning and Development Act 2000”. | | |

| 42. | Forestry Act 2014 (No. 31 of 2014) | Section 2 is amended— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*”. (b) in the definition of “planning authority”, by the substitution of “*Act of 2024*” for “Act of 2000”, and (c) in the definition of “public road”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 19 is amended— (a) by the substitution of the following paragraph for paragraph (a) of subsection (2): “(a) within the curtilage or attendant grounds of a protected structure (within the meaning of the *Act of 2024*),”, and (b) in paragraph (a) of subsection (3), by the substitution of “the Planning and Development Acts 2000 to 2023 or the *Act of 2024*” for “the Planning and Development Acts 2000 to 2013”. Section 32 is amended, in subsection (8), by the substitution of “*Schedule 4* of the *Act of 2024*” for “the Fourth Schedule to the Planning and Development Act 2000”. | | |

| 43. | Regulation of Lobbying Act 2015 (No. 5 of 2015) | Section 5 is amended— (a) in paragraph (c) of subsection (1), by the substitution of “Planning and Development Acts 2000 to 2023 or the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2021”, and (b) in paragraph (a) of subsection (5), by the substitution of “Planning and Development Acts 2000 to 2023 or the *Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2021”. | | |

| 44. | Urban Regeneration and Housing Act 2015 (No. 33 of 2015) | Section 2 is amended by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 3 is amended— (a) by the substitution of the following definition for the definition of “regeneration land”: “ ‘regeneration land’ means land identified, after the coming into operation of section 28, by a planning authority— (a) in a development plan or local area plan made under the Act of 2000, in accordance with section 10(2)(h) of that Act, with the objective of development and renewal of areas in need of regeneration, and includes any structures on such land, or (b) in its development plan, priority area plan, coordinated area plan or urban area plan made under the *Act of 2024*, with the objective of development and renewal of areas in need of regeneration, and includes any structures on such land;”, (b) by the substitution of the following definition for the definition of “residential land”: “ ‘residential land’ means land that is included by a planning authority— (a) in a development plan or local area plan under the Act of 2000 in accordance with section 10(2)(a) of that Act, or (b) in a development plan, priority area plan, coordinated area plan or urban area plan made under the *Act of 2024*, with the objective of zoning for use solely or primarily for residential purposes, and includes any structures on such land;”, and (c) by the insertion of the following definitions: “ ‘Board’ means An Coimisiún Pleanála; ‘core strategy’ means a core strategy included in a development plan continued in force under *section 68* of the *Act of 2024*, or in an integrated overall strategy under *section 43* of that Act; ‘functional area’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘habitable house’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘housing strategy’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘land’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘local area plan’ means a plan continued in force by *section 81* of the *Act of 2024*; ‘planning authority’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘structure’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘unauthorised development’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘unauthorised use’ has the same meaning as it has in *section 2* of the *Act of 2024*;”. Section 5 is amended, in subparagraph (ii) of paragraph (b) of subsection (1), by the substitution of “*section 584* of the *Act of 2024*” for “section 48 of the Act of 2000”. Section 6 is amended— (a) in paragraph (b) of subsection (5), by the substitution of “*section 584* of the *Act of 2024*” for “section 48 of the Act of 2000”, and (b) in subsection (6), by the substitution of “*section 584* of the *Act of 2024*” for “section 48 of the Act of 2000”. Section 24 is amended by the substitution of “*Section 396* of the *Act of 2024*” for “Section 250 of the Act of 2000”. | | |

| 45. | Climate Action and Low Carbon Development Act 2015 (No. 46 of 2015) | Section 4 is amended, in subsection (12), by the substitution of “it has in the *Planning and Development Act 2024*” for “assigned to it in section 20A of the Planning and Development Act 2000”. | | |

| 46. | Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016) | Section 2 is amended by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 3 is amended by the insertion of the following definitions: “ ‘Board’ means An Coimisiún Pleanála; ‘chief executive’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘development plan’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘environmental impact assessment report’ has, notwithstanding any repeal of the Act of 2000 by the *Act of 2024*, the meaning that it has in the Act of 2000; ‘Environmental Impact Assessment Directive’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘European site’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘European Union’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘functional area’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘house’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘land’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘local area plan’ means a plan continued in force by *section 81* of the *Act of 202*4; ‘local authority’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘Natura impact statement’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘permission’ means a permission granted under section 9; ‘planning application’ means an application for permission; ‘planning authority’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘planning permission’ means a permission granted under section 34 of the Act of 2000; ‘protected structure’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘Transboundary Convention’ has the same meaning as it has in *section 2* of the *Act of 2024*; ‘unauthorised development’ has the same meaning as it has in *section 2* of the *Act of 2024*;”. Section 6 is amended, in subsection (9), by the insertion of “or the *Act of 2024*” after “Planning and Development Acts 2000 to 2016”. Section 10 is amended, in subsection (5)— (a) in paragraph (a), by the insertion of “or *Chapter 3* of *Part 4* of the *Act of 2024*” after “Act of 2000”, (b) in paragraph (b), by the substitution of “Subject to paragraph (c), Part VIII of the Act of 2000” for “Part VIII of the Act of 2000”, and (c) by the insertion of the following paragraph after paragraph (b): “(c) On and from the day on which the Act of 2000 is repealed, and subject to *section 628* of the *Act of 2024, Part 11* of the *Act of 2024* shall apply to any case where a strategic housing development is carried out otherwise than in accordance with a permission under section 9, or any condition to which the permission is subject, as it applies to any unauthorised development, subject to the modification that a reference in that Part to a permission shall be construed as a reference to a permission granted under section 9.”. Section 11 is amended— (a) in subsection (2), by the insertion of “or *section 514* of the *Act of 2024*” after “Act of 2000”, (b) in subsection (3), by the insertion of “or the *Act of 2024*” after “Planning and Development Acts 2000 to 2016”, and (c) in subparagraph (ii) of paragraph (b) of subsection (10), by the insertion of “or *section 514* of the *Act of 2024*” after “Act of 2000”. Section 12 is amended, in paragraph (b) of subsection (2), by the insertion of “or *section 376* of the *Act of 2024*” after “Act of 2000”. | | |

| 47. | Minerals Development Act 2017 (No. 23 of 2017) | Section 7 is amended, in paragraph (a), by the insertion of “*Planning and Development Act 2024* or the” after “under the”. Section 65 is amended, in paragraph (e), by the substitution of “Planning and Development Acts 2000 to 2023 or the *Planning and Development Act 2024*, as the case may be” for “Planning and Development Acts 2000 to 2016”. Section 69 is amended, in subparagraph (i) of paragraph (b) of subsection (3), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2016”. Section 79 is amended, in subparagraph (i) of paragraph (e) of subsection (1), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2016”. Section 116 is amended, in subparagraph (i) of paragraph (d) of subsection (3), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2016”. Section 202 is amended, in subsection (1), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2016”. Section 203 is amended, in paragraph (g) of subsection (4), by the insertion of the following subparagraph after subparagraph (i): “(ia) the *Planning and Development Act 2024*,”. | | |

| 48. | Criminal Justice (Corruption Offences) Act 2018 (No. 9 of 2018) | Section 14 is amended, in subsection (3), by the insertion of the following paragraph after paragraph (h): “(ha) the *Planning and Development Act 2024*;”. | | |

| 49. | Home Building Finance Ireland Act 2018 (No. 28 of 2018) | Section 2 is amended, in the definition of “development”, by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Act 2000;”. | | |

| 50. | Local Government Act 2019 (No. 1 of 2019) | Section 2 is amended by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 25 is amended, in subparagraph (ii) of paragraph (a) of subsection (4)— (a) in clause (I), by the insertion of “(notwithstanding any repeal of that section by *section 6* of the *Act of 2024*)” after “section 48 of the Act of 2000”, and (b) in clause (II), by the insertion of “(notwithstanding any repeal of that section by *section 6* of the *Act of 2024*)” after “section 49 of that Act”. Section 31 is amended by the substitution of the following subsection for paragraph (a) of subsection (2): “(a) Subject to paragraph (b), the functions of a planning authority under the Act of 2000 or the *Act of 2024* shall, as respects— (i) a decision under section 34 of the Act of 2000, or (ii) a determination under section 37 of the Act of 2000, made before the transfer day in relation to development or proposed development in the relevant area, be performable from that day by the city council.”. | | |

| 51. | Aircraft Noise (Dublin Airport) Regulation Act 2019 (No. 12 of 2019) | Section 2 is amended, in subsection (1), by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 3 is amended— (a) in subsection (2)— (i) in paragraph (a), by the substitution of “*Act of 2024* (in so far as the *Act of 2024* confers functions on the competent authority)” for “Act of 2000 (in so far as the Act of 2000 as amended by this Act confers functions on the competent authority)”, and (ii) in paragraph (b), by the substitution of “*Act of 2024*” for “Act of 2000”, and (b) in subsection (8), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 4 is amended— (a) in subsection (1)— (i) by the substitution of “and *Chapter 3* and *Chapter 5* of *Part 4* of the *Act of 2024* as read with *Part 5* of that Act” for “, section 34 of the Act of 2000 as read with section 34B or 34C, as appropriate, of that Act, and section 37 of that Act as read with section 37R or 37S, as appropriate, of that Act”, and (ii) by the substitution of “*Act of 2024*” for “Act of 2000” in the second place it occurs, and (b) in subsection (2), by the substitution of “and *Chapter 3* and *Chapter 5* of *Part 4* of the *Act of 2024* as read with *Part 5* of that Act” for “, section 34 of the Act of 2000 as read with section 34B or 34C, as appropriate, of that Act, and section 37 of that Act as read with section 37R or 37S, as appropriate, of that Act”. Section 5 is amended by the substitution of “*Act of 2024*” for “Act of 2000” in each place in which it occurs. Section 9 is amended— (a) in paragraph (a) of subsection (7), by the substitution of “*Act of 2024*” for “Act of 2000”, (b) in paragraph (d) of subsection (8), by the substitution of “a request referred to in *section 193(1)(a)* of the *Act of 2024*” for “an application referred to in section 34C(1)(a) of the Act of 2000”, (c) in subsection (22)— (i) in paragraph (a), by the deletion of “or” where it lastly occurs, (ii) in paragraph (b), by the insertion of “or” after “2000,”, and (iii) by the insertion of the following paragraph after paragraph (b): “(c) a decision under *Chapter 3* or *5* of *Part 4* of the *Act of 2024* as read with *Part 5* of that Act,”, and (d) in subsection (24), in the definition of “Habitats Directive”, by the substitution of “the *Act of 2024*” for “section 2 of the Act of 2000”. Section 10 is amended— (a) in subparagraph (i) of paragraph (f) of subsection (4), by the insertion of “or the *Act of 2024*,” after “Act of 2000”, (b) in paragraph (b) of subsection (16), by the substitution of “*Part 4* and *Part 12* of the *Act of 2024* and to regulations made under that Act, but only in so far as those Parts and regulations relate to appeals within the meaning of *Part 12* of that Act” for “Chapter III of Part VI of the Act of 2000 and to regulations made under that Chapter”, (c) by the substitution of the following for subsection (17)— “(17) Sections 50, 50A and 50B of the Act of 2000 shall, with all necessary modifications, apply to a decision of the Commission under subsection (8)(a) on the appeal as those sections apply to a decision of the Commission under— (a) section 37 of the Act of 2000 on an appeal referred to in section 37R(1) of the Act of 2000, or (b) *Chapter 3* of *Part 4* of the *Act of 2024* on an appeal referred to in *section 194(1)* of the *Act of 2024*, as the case may be.”, and (d) in subsection (18), in the definition of “appropriate fee”, by the substitution of “*section 381* of the *Act of 2024* for the making of an appeal” for “section 144 of the Act of 2000 for an appeal referred to in subsection (1A)(k) of that section”. Section 20 is amended, in subsection (2), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 22 is amended, in the definition of “relevant provision”, in paragraph (a), by the substitution of “a permission granted under *Chapter 3 of Part 4* of the *Act of 2024* or an alteration of the terms or extension of the duration of a permission under *Chapter 5* of *Part 4* of that Act” for “a permission granted under section 34 of the Act of 2000”. Section 26 is amended by the substitution of the following paragraph for paragraph (b): “(b) in the case of the *Act of 2024*— (i) if no appeal under *Chapter 3 of Part 4* of that Act as read with *Part 5* of that Act is made, within the period referred to in *section 102(5)(a)* of that Act, against a decision under *section 98* of that Act on a planning application which, by virtue of *section 191(16)* or *section 192(17)*, as the case may be, of that Act incorporates a regulatory decision of the competent authority under *section 191(14)(a)* or *section 192(15)(a)*, as the case may be, of that Act, on the expiration of such period, or (ii) if such an appeal is made within such period, on the publication on the Commission’s website, pursuant to *section 193(7)* of that Act— (I) of the Commission’s decision under *Chapter 3 of Part 4* of that Act as read with *section 193* of that Act to confirm the relevant regulatory decision (within the meaning of *section 193(15)* of that Act) concerned, or (II) of the Commission’s decision under *Chapter 3* of *Part 4* of that Act as read with *section 193* of that Act that makes such operating restriction.”. Section 27 is amended, in paragraph (b) of subsection (2), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 28 is amended by the substitution of “*Part 5* of the *Act of 2024*” for “section 34B, 34C or 37R of the Act of 2000” in each place in which it occurs. Section 29 is amended— (a) in subsection (2), by the insertion of “, subject to subsection (3),” after “(other than Part 2) and”, and (b) by the insertion of the following subsection after subsection (2): “(3) On and after the date of commencement of this subsection, notwithstanding subsection (2), the *Act of 2024* (in particular *Part 5* of that Act) shall apply to a relevant condition deemed to be a noise mitigation measure under subsection (2).”. Section 30 is amended— (a) in subsection (2), by the insertion of “, subject to subsection (3),” after “(other than Part 2) and”, and (b) by the insertion of the following subsection after subsection (2): “(3) On and after the date of commencement of this subsection, notwithstanding subsection (2), the *Act of 2024* (in particular *Part 5* of that Act) shall apply to a relevant condition deemed to be an operating restriction under subsection (2).”. | | |

| 52. | Greyhound Racing Act 2019 (No. 15 of 2019) | Section 22 is amended, in subsection (4), by the substitution of “*Planning and Development Act 2024*” for “Planning and Development Acts 2000 to 2018”. | | |

| 53. | Local Government Rates and Other Matters Act 2019 (No. 24 of 2019) | Section 1 is amended by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 15 is amended, in subsection (1), by the substitution of the following paragraphs for paragraphs (a) to (d): “(a) the implementation of the National Planning Framework within the meaning of the *Act of 2024*; (b) the implementation of a development plan within the meaning of the *Act of 2024*; (c) the implementation of a local area plan within the meaning of the Act of 2000; (d) the implementation of a local economic and community plan within the meaning of the Act of 2001; or (e) the implementation of an urban area plan, priority area plan, or coordinated area plan within the meaning, in each case, of the *Act of 2024*.”. | | |

| 54. | Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (No. 11 of 2021) | Section 15 is amended— (a) in subsection (1), by the insertion of “or *section 586* of the *Planning and Development Act 2024*” after “the Act of 2000”, (b) in paragraph (a) of subsection (1), by the substitution of “Part III or XV of the Act of 2000 or *Part 4* of the *Planning and Development Act 2024*” for “Part III or XV of that Act”, (c) in paragraph (b) of subsection (1), by the substitution of “those Acts” for “that Act”, (d) in paragraph (c) of subsection (1), by the substitution of “section 5 of the Act of 2000 or *section 10* of the *Planning and Development Act 2024*” for “section 5 of that Act”, and (e) in paragraph (d) of subsection (1), by the substitution of “those Acts” for “that Act”. | | |

| 55. | Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) | Section 1 is amended, in the definition of “authorisation”, by the substitution of “*section 13* of the *Planning and Development Act 2024*” for “section 254 of the Planning and Development Act 2000”. Section 2 is amended, in paragraph (a) of subsection (5), by the insertion of “or the *Planning and Development Act 2024*” after “2021”. | | |

| 56. | Affordable Housing Act 2021 (No. 25 of 2021) | Section 2 is amended by the insertion of the following definitions: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*; ‘*Part 7* agreement’ means an agreement under *section 246* of the *Act of 2024* for the provision of dwellings which constitute housing referred to in *subsection (6)* of *section 242* of that Act;”. Section 5 is amended by the insertion of the following paragraph after paragraph (b): “(ba) a dwelling to which a Part 7 agreement applies that is being made available for sale;”. Section 7 is amended— (a) in paragraph (d) of subsection (1), by the insertion of “or a Part 7 agreement” after “Part V agreement”, (b) in subsection (2), by the insertion of “or *Part 7* of the *Act of 2024*” after “Act of 2000”, (c) in subsection (7), by the insertion of “or the Part 7 agreement, as the case may be,” after “Part V agreement”, and (d) in subsection (8), by the insertion of “or the Part 7 agreement, as the case may be,” after “Part V agreement”. Section 22 is amended, in subsection (2), by the substitution of “Act of 2000, *paragraph (a)* of *subsection (2)* of *section 406* of the *Act of 2024*” for “Act of 2000”. Section 48 is amended by the substitution of “Act of 2000, under *Part 7* of the *Act of 2024*” for “Act of 2000”. | | |

| 57. | Land Development Agency Act 2021 (No. 26 of 2021) | Section 4 is amended— (a) in the definition of “development plan”, by the substitution of “*Act of 2024*” for “Act of 2000”, (b) in the definition of “house”, by the substitution of “*Act of 2024*” for “Act of 2000”, (c) in the definition of “housing strategy”, by the substitution of “*Act of 2024*” for “Act of 2000”, (d) in the definition of “local area plan”, by the substitution of “means a plan continued in force by *section 81* of the *Act of 2024*” for “has the same meaning as it has in the Act of 2000”, (e) in the definition of “regional spatial and economic strategy”, by the substitution of “*Act of 2024*” for “Act of 2000”, and (f) by the insertion of the following new definitions: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*; ‘coordinated area plan’ has the same meaning as it has in the *Act of 2024*; ‘priority area plan’ has the same meaning as it has in the *Act of 2024*; ‘urban area plan’ has the same meaning as it has in the *Act of 2024*;”. Section 8 is amended, in subsection (2)— (a) by the substitution of “plan, an urban area plan, a priority area plan, a coordinated area plan or a local area plan” for “plan or a local area plan”, and (b) by the substitution of “plan, urban area plan, priority area plan, coordinated area plan or local area plan” for “plan or local area plan”. Section 29 is amended, in paragraph (c), by the substitution of “*Part 21* or *22* of the *Act of 2024*” for “Part IX of the Act of 2000”. Section 52 is amended, in paragraph (a) of subsection (3), by the substitution of “any development plan, urban area plan, priority area plan, coordinated area plan or local area plan” for “the development plan and local area plan”. Section 58 is amended— (a) by the substitution of “*Section 406(2)* of the *Act of 2024*” for “Section 211(2) of the Act of 2000”, (b) in subparagraph (ii) of paragraph (a)— (i) by the substitution of “*section 2* of the *Act of 2024*” for “Act of 2000”, and (ii) by the substitution of “an urban area plan, a priority area plan, a coordinated area plan or a local area plan” for “a local area plan”, and (c) in paragraph (b), by the substitution of “plan, urban area plan, priority area plan, coordinated area plan or local area plan” for “plan or local area plan”. Part 9 is amended by the substitution of the following section for section 74: **“74.** In this Part— ‘Board’ means An Coimisiún Pleanála; ‘permission’ means a permission for development under *Chapter 3* of *Part 4* of the *Act of 2024*; ‘planning authority’ has the same meaning as it has in the *Act of 2024*; ‘cost rental dwelling’ has the meaning assigned to it by Part 3 of the Affordable Housing Act 2021; ‘dwelling’ has the same meaning as it has in the Act of 2009; ‘specified percentage’ has the meaning assigned to it by section 75(11).”. Section 75 is amended— (a) in subsection (1), by the substitution of “*Chapter 3 of Part 4* and, where applicable, *Part 7* of the *Act of 2024*” for “section 34 and, where applicable, Part V of the Act of 2000”, and (b) in subsection (9), by the insertion of “or *section 246* of the *Act of 2024*” after “Act of 2000”. | | |

| 58. | Maritime Area Planning Act 2021 (No. 50 of 2021) | Section 2 is amended, in subsection (1)— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, (b) in the definition of “appropriate assessment”, in paragraph (a), by the substitution of “*section 2* of the *Act of 2024*” for “section 177V of the Act of 2000”, (c) in the definition of “Birds Directive”, by the substitution of “*Act of 2024*” for “Act of 2000”, (d) in the definition of “coastal planning authority”, by the substitution of “*section 2* of the *Act of 2024*” for “section 2 of the Act of 2000”, (e) by the substitution of the following definition for the definition of “development”: “ ‘development’— (a) subject to paragraph (b), means— (i) the carrying out of any works in the maritime area, or (ii) the making of any material change in the use of the sea, seabed, or any structure, in the maritime area, and includes the reclamation of any land in the nearshore area, and (b) does not include exempted development within the meaning of the *Act of 2024*;”, (f) in the definition of “development permission”, by the substitution of “*section 2* of the *Act of 2024*” for “section 2 of the Act of 2000”, (g) in the definition of “environmental impact assessment”, by the substitution of “*Act of 2024*” for “Act of 2000”, (h) in the definition of “Environmental Impact Assessment Directive”, by the substitution of “*Act of 2024*” for “Act of 2000”, (i) in the definition of “functional area”, by the substitution of “the Act of 2000, notwithstanding any repeal of that Act by the *Act of 2024*” for “the Act of 2000”, (j) in the definition of “Habitats Directive”, by the substitution of “*Act of 2024*” for “Act of 2000”, (k) in the definition of “National Planning Framework”, by the substitution of “*Chapter 2* of *Part 3* of the *Act of 2024*” for “Chapter IIA of Part II of the Act of 2000”, (l) in the definition of “screening for appropriate assessment”, in paragraph (a), by the substitution of “*section 208* of the *Act of 2024*” for “section 177U of the Act of 2000”, and (m) in the definition of “strategic environmental assessment”, by the substitution of “*section 2* of the *Act of 2024*” for “section 2 of the Act of 2000”. Section 6 is amended, in subsection (8), by the substitution of “the Act of 2000, or the *Act of 2024*,” for “or the Act of 2000,”. Section 6A is amended, in subsection (3), by the substitution of the following definition for the definition of “specified Act”: “ ‘specified Act’ means— (a) this Act, (b) the Act of 2000, or (c) the *Act of 2024*.”. Section 7 is amended— (a) in subsection (1), by the substitution of “under this Act, or functions under the *Act of 2024* relating to the maritime area,” for “under this Act”, (b) in subsection (2), by the substitution of “under this Act, or functions under the *Act of 2024* relating to the maritime area,” for “under this Act”, and (c) in subsection (3), by the substitution of “under this Act, or functions under the *Act of 2024* relating to the maritime area,” for “under this Act”. Section 14 is amended— (a) in subsection (2), by the insertion of “or *Part 3* of the *Act of 2024*” after “Act of 2000”, and (b) in subsection (3), by the insertion of “or *Part 3* of the *Act of 2024*” after “Act of 2000”. Section 33B is amended, in subsection (3), paragraph (b), subparagraph (ii), by the insertion of “or regulations made under *section 224* of the *Act of 2024*” after “Act of 2000”. Section 43 is amended, in subsection (1), paragraph (j), by the insertion of “, the *Act of 2024*” after “Act of 2000”. Section 79 is amended, in subsection (5), paragraph (b), by the substitution of “, pursuant to *section 229* of the *Act of 2024*,” for “(within the meaning of section 176A of the Act of 2000)”. Section 83 is amended, in subsection (3), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 97 is amended, in subsection (3E), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 99 is amended, in subsection (7), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 109 is amended, in subsection (2), by the insertion of “or the *Act of 2024*” after “Act of 2000”. Section 132 is amended, in subparagraph (ii) of paragraph (b) of subsection (3), by the insertion of “or regulations made under *section 225* of the *Act of 2024*” after “Act of 2000”. Section 138 is amended, in subsection (1)— (a) in paragraph (b), by the substitution of “, Part VIII of the Act of 2000 or *Part 11* of the *Act of 2024*” for “or Part VIII of the Act of 2000”, and (b) in paragraph (c), by the substitution of “, the Act of 2000 or the *Act of 2024*” for “or the Act of 2000”. Section 144A is amended, in subsection (7), by the substitution of “or under *Part 11* of the *Act of 2024* and shall not be construed to prejudice the application of the Act of 2000 or the *Act of 2024*” for “and shall not be construed to prejudice the application of the Act of 2000”. Schedule 6 is amended, in Part 1— (a) in paragraph 7, by the insertion of “, the *Act of 2024*” after “Act of 2000”, and (b) in paragraph 22B— (i) in subparagraph (a), by the substitution of “, the Act of 2000 or the *Act of 2024*” for “or the Act of 2000”, and (ii) in subparagraph (b), by the substitution of “, the Act of 2000 or the *Act of 2024*” for “or the Act of 2000”. Schedule 7 is amended— (a) in paragraph 1, subparagraph (b), by the insertion of “or the *Act of 2024*” after “Act of 2000”, (b) by the substitution of the following paragraph for paragraph 3: “3. Marine environmental surveys— (a) for the purposes of site investigation, (b) in support of an application under Part XXI of the Act of 2000, or (c) in support of an application for maritime development within the meaning of the *Act of 2024*.”, and (c) in paragraph 8, by the insertion of “, or under the *Act of 2024*,” after “Act of 2000”. | | |

| 59. | Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (No. 15 of 2022) | Section 28 is amended, in subsection (2), by the substitution of the following paragraph for paragraph (e): “(e) the *Planning and Development Act 2024*;”. | | |

| 60. | Institutional Burials Act 2022 (No. 18 of 2022) | Section 2 is amended, in subsection (1)— (a) by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”, and (b) in the definition of “land”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 95 is amended, in subsection (2), by the substitution of “*Act of 2024*” for “Act of 2000”. | | |

| 61. | Circular Economy and Miscellaneous Provisions Act 2022 (No. 26 of 2022) | Section 6 is amended by the substitution of the following definition for the definition of “National Planning Framework”: “ ‘National Planning Framework’ has the meaning it has in the *Planning and Development Act 2024*;”. | | |

| 62. | Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 (No. 28 of 2022) | Section 2 is amended by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 7 is amended, in the definition of “unauthorised structure”, by the substitution of “*Act of 2024*” for “Act of 2000”. Section 17 is amended, in paragraph (b) of subsection (8), by the substitution of “*Act of 2024*” for “Act of 2000”. Section 28 is amended— (a) in subsection (1), by the substitution of “*section 9(3)* of the *Act of 2024*” for “section 4(4) of the Act of 2000”, (b) in subsection (3), by the substitution of “*Chapter 3* of *Part 4* of the *Act of 2024*” for “section 34 of the Act of 2000”, and (c) in subsection (4)— (i) in the definition of “development”, by the substitution of “*Act of 2024*” for “Act of 2000”, and (ii) in the definition of “permission”, by the substitution of “*section 2* of the *Act of 2024*” for “the Act of 2000”. | | |

| 63. | Development (Emergency Electricity Generation) Act 2022 (No. 35 of 2022) | Section 3 is amended by the insertion of “or the *Planning and Development Act 2024*” after “Planning and Development Act 2000”. | | |

| 64. | Planning and Development and Foreshore (Amendment) Act 2022 (No. 47 of 2022) | Section 8 is amended— (a) by the substitution of “until the earlier of such time” for “until such time”, and (b) by the substitution of “7(a) or an appointment is made, following the repeal of section 106 of the Act of 2000, under *section 507* of the *Planning and Development Act 2024.*” for “7(a).”. | | |

| 65. | Water Environment (Abstractions and Associated Impoundments) Act 2022 (No. 48 of 2022) | Section 2 is amended, in subsection (1)— (a) in the definition of “development”, by the substitution of “*Act of 2024*” for “Act of 2000”, (b) in the definition of “planning authority”, by the substitution of “*Act of 2024*” for “Act of 2000”, and (c) by the insertion of the following new definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 14 is amended, in subsection (1)— (a) in the definition of “development plan”, by the substitution of “*Act of 2024*” for “Act of 2000”, (b) in the definition of “EIA Portal”, by the substitution of “means the environmental impact assessment portal under *section 241* of the *Act of 2024*” for “has the same meaning as it has in the Act of 2000”, (c) in the definition of “grant of permission”— (i) in paragraph (b), by the deletion of “or” where it last occurs, (ii) in paragraph (c), by the substitution of “2000, or” for “2000;”, and (iii) by the insertion of the following paragraph after paragraph (c): “(d) a permission granted under *Chapter 3* or *4* of *Part 4* of the *Act of 2024*;”, (d) in the definition of “local area plan”, by the substitution of “means a plan continued in force by *section 81* of the *Act of 2024*” for “has the same meaning as it has in the Act of 2000”, and (e) by the insertion of the following definitions: “ ‘coordinated area plan’ has the same meaning as it has in the *Act of 2024*; ‘priority area plan’ has the same meaning as it has in the *Act of 2024*; ‘urban area plan’ has the same meaning as it has in the *Act of 2024*;”. Section 22 is amended— (a) by the substitution of “*Act of 2024*” for “Act of 2000” where it first occurs, and (b) by the insertion of “or the *Act of 2024*” after “Act of 2000” where it last occurs. Section 24 is amended, in subparagraph (vi) of paragraph (f) of subsection (4), by the substitution of “plan, urban area plan, priority area plan, coordinated area plan (or a draft of any such plan),” for “plan, draft development plan or draft local area plan,”. Section 25 is amended— (a) by the substitution of the following subsection for subsection (1): “(1) In subsections (2) to (6)— (a) ‘environmental impact assessment’ and “environmental impact assessment report” have the same meanings as they have in the *Act of 2024*, and (b) ‘permission’ means a permission granted under— (i) *Chapter 3* of *Part 4* of the *Act of 2024*, or (ii) *Chapter 4* of *Part 4* of the *Act of 2024* for— (I) strategic infrastructure development (within the meaning of the *Act of 2024*), or (II) Chapter 4 maritime development (within the meaning of the *Act of 2024*).”, (b) in subsection (2)— (i) in paragraph (a)— (I) in subparagraph (i), by the insertion of “or the *Act of 2024*” after “Act of 2000”, and (II) in subparagraph (ii), by the insertion of “or the *Act of 2024*” after “Act of 2000”, (ii) in subparagraph (ii) of paragraph (b), by the insertion of “or the *Act of 2024*” after “Act of 2000”, (c) in paragraph (d) of subsection (4), by the insertion of “or *section 102(5)* of the *Act of 2024*” after “Act of 2000”, and (d) in subsection (7), by the insertion of “or the *Act of 2024*, as the case may be,” after “Act of 2000”. Section 37 is amended, in paragraph (b) of subsection (3), by the insertion of “or the *Act of 2024*” after “Act of 2000”. Section 38 is amended, in subsection (1)— (a) by the substitution of “*Act of 2024*” for “Act of 2000” where it first occurs, and (b) by the insertion of “or the *Act of 2024*” after “Act of 2000” where it last occurs. Section 58 is amended, in subsection (2), by the insertion of “or the *Act of 2024*” after “Act of 2000”. Section 62 is amended, in paragraph (j) of subsection (3), by the substitution of “Part III of the Act of 2000 or *Part 4* of the *Act of 2024*, or a requirement to apply for such permission under those Acts” for “Part III of the Act of 2000, or a requirement to apply for such permission under that Act”. Section 66 is amended— (a) in paragraph (b) of subsection (2), by the insertion of “or the *Act of 2024*” after “Act of 2000”, and (b) in subsection (7), by the substitution of “*Act of 2024*” for “Act of 2000” in both places where it occurs. Section 67 is amended, in paragraph (b) of subsection (5), by the insertion of “or the *Act of 2024*” after “Act of 2000”. Section 68 is amended, in subsection (7), by the substitution of “*section 522* of the *Act of 2024*” for “section 118 of the Act of 2000”. | | |

| 66. | Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (No. 26 of 2023) | Section 2 is amended, in subsection (1), by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Section 25 is amended, in subsection (1), by the substitution of the following definition for the definition of “EIA portal”: “ ‘EIA portal’ means the environmental impact assessment portal under *section 240* of the *Act of 2024*;”. Section 26 is amended— (a) in subsection (4), paragraph (a), by the insertion of “or the *Act of 2024*” after “Act of 2000”, and (b) in subsection (5), in the definition of “relevant authorisation”, in paragraph (a), by the insertion of “or the *Act of 2024*” after “Act of 2000”. Section 27 is amended, in subparagraph (i) of paragraph (d) of subsection (2), by the insertion of “or the *Act of 2024*” after “Act of 2000”. Section 89 is amended, in subsection (5), by the substitution of “*section 268* or *269* of the *Act of 2024*” for “section 206 or 207 of the Act of 2000”. Section 167 is amended by the substitution of the following subsection for subsection (2): “(2) Without prejudice to the generality of subsection (1) and sections 28 and 52 of the Act of 2000, or *sections 25* and *26* of the *Act of 2024*, guidelines issued under that subsection may relate to objectives which fall within section 10(2)(c) of the Act of 2000 or *section 50* of the *Act of 2024* in so far as such objectives relate to the conservation and protection of historic heritage, World Heritage Property, or property which is situated in the State that the Minister is satisfied may have the potential to become World Heritage Property.”. | | |

| 67. | Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (No. 7 of 2024) | Section 2 is amended, in subsection (1), by the insertion of the following definition: “ ‘*Act of 2024*’ means the *Planning and Development Act 2024*;”. Part 2 is amended by the insertion of the following section after section 10: **“Application of certain provisions of *Act of 2024* in relation to Limerick City and County Council** **10A.** (1) A relevant function shall, insofar as it relates to Limerick City and County Council, be deemed to be a function of the director general. (2) A function (other than a relevant function) of a chief executive, within the meaning of the *Act of 2024*, under that Act shall, insofar as it relates to Limerick City and County Council, be deemed to be a function of the Mayor. (3) In this section, ‘relevant function’ means a function, under the following provisions of the *Act of 2024*, of a chief executive (within the meaning of that Act): (a) *Part 2, 9, 11, 15, 16* and *20*; (b) *Chapter 2* to *5* and *7* of *Part 4, Chapter 3* and *4* of *Part 6, Chapter 2* of *Part 7, Chapter 1, 2* and *4* of *Part 8* and *Chapter 2* to *4* of *Part 12*; (c) *sections 31(4)* and *(7), 64(4), 79(4), 152, 153(2)(b), 158, 160, 161, 268, 270, 310, 312* to *315, 323, 324, 326, 333, 338, 339, 340, 341, 411, 412, 414, 417, 530(4), 567(4), 570, 574(3)* and *(4), 577(7), 594* and *623*.”. Section 29 is amended, in subsection (1)— (a) in the definition of “Limerick City and County Development Plan”, by the substitution of “made under *Chapter 5* of *Part 3* of the *Act of 2024*, or continued in force by *section 68* of that Act,” for “under subsection (1) of section 9 of the Act of 2000”, (b) in the definition of “National Planning Framework”, by the substitution of “*Act of 2024*” for “Act of 2000”, and (c) in the definition of “regional spatial and economic strategy”, by the substitution of “*Chapter 4* of *Part 3* of the *Act of 2024*” for “Chapter III of Part II of the Act of 2000”. | | |