PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2026

Type Act

Publication 2026-07-20

State In force

Text As published

Source Irish Statute Book

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articles 149

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Act to amend the Planning and Development Act 2024, the Planning and Development (Amendment) Act 2025 and the Planning and Development Act 2000, and, in that connection, to amend certain other enactments; to amend the Housing Finance Agency Act 1981 for the purpose of increasing the borrowing limit of the Housing Finance Agency; and to provide for matters connected therewith.

Reform history JSON API

An Act to amend the Planning and Development Act 2024, the Planning and Development (Amendment) Act 2025 and the Planning and Development Act 2000, and, in that connection, to amend certain other enactments; to amend the Housing Finance Agency Act 1981 for the purpose of increasing the borrowing limit of the Housing Finance Agency; and to provide for matters connected therewith.

[20th July, 2026]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Planning and Development (Amendment) Act 2026.

(2) The Planning and Development Acts 2024 and 2025 and Part 2 may be cited together as the Planning and Development Acts 2024 to 2026.

(3) This Act shall come into operation on such day or days as the Minister for Housing, Local Government and Heritage may by order or orders appoint, either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions.

2. Definitions

2. In this Act—

“Act of 2000” means the Planning and Development Act 2000;

“Principal Act” means the Planning and Development Act 2024.

3. Repeals

3. (1) The following sections of the Act of 2015 are repealed:

(a) sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18;

(b) sections 24 and 25.

(2) Where an appeal is brought under section 13 of the Act of 2015 but is not determined before the date of the coming into operation of the repeal of section 13 of that Act by paragraph (a) of subsection (1), the Act of 2015 shall, on and after that date, continue to apply and have effect in relation to the appeal and to any matter arising from the determination of the appeal, including, notwithstanding the coming into operation of the repeal of section 15 or any other applicable sections of the Act of 2015 by subsection (1), the making of a demand for the payment of levy under section 15 of that Act in respect of a vacant site the subject of the appeal and the recovery of that levy, as if the repeal had not occurred.

(3) In this section, “Act of 2015” means the Urban Regeneration and Housing Act 2015.

PART 2 Amendment of Principal Act

Chapter 1 Amendment of Part 1

4. Amendment of section 2 of Principal Act

4. Section 2 of the Principal Act is amended by—

(a) the substitution of the following definition for the definition of “exempted development”:

“ ‘exempted development’ means—

(a) development of a class prescribed under section 9,

(b) development that is exempted development by virtue of section 152, or

(c) development that, by virtue of any provision (the repeal of which has not yet been commenced) of section 4 of the Act of 2000, is exempted development for the purposes of that Act;”,

and

(b) the substitution of the following definition for the definition of “strategic environmental assessment”:

“ ‘strategic environmental assessment’ means an environmental assessment carried out in accordance with the Strategic Environmental Assessment Directive and the Strategic Environmental Assessment Regulations;”.

5. Construction of references in Principal Act to act of institution of European Union

5. The Principal Act is amended by the substitution of the following section for section 3:

“3. (1) For the purposes of this Act, a reference to a European act is a reference to that act as amended by any other European act (in this section referred to as an ‘amending European act’) having effect for the time being.

(2) For the purposes of this section, an amending European act does not have effect until the day by which the State is required to give effect to the amending European act.

(3) In this section ‘European act’ means—

(a) an act adopted by an institution of the European Union,

(b) an act adopted by an institution of the European Communities in force immediately before the entry into force of the Lisbon Treaty within the meaning of the Act of 1972, or

(c) an act adopted by a body competent under the treaties governing the European Union within the meaning of the Act of 1972.”.

6. Amendment of section 4 of Principal Act

6. Section 4 of the Principal Act is amended, in subsection (6), by the substitution of “subsection” for “section”.

Chapter 2 Amendment of Part 2

7. Amendment of section 10 of Principal Act

7. Section 10 of the Principal Act is amended, in paragraph (b) of subsection (13), by the substitution of “either such subsection” for “that subsection”.

8. Amendment of section 13 of Principal Act

8. Section 13 of the Principal Act is amended—

(a) in subsection (8), by the substitution, in subparagraph (II) of paragraph (a), of “in relation to a requirement for further information in accordance with paragraph (c) of subsection (4)” for “where a request for further information is made in accordance with paragraph (b) of subsection (4)”, and

(b) in subsection (9), by the substitution, in paragraph (d), of the following subparagraph for subparagraph (ii):

“(ii) in paragraph (c) of subsection (4), ‘the appellant’ were substituted for ‘any person who made an application under paragraph (a)’,”.

Chapter 3 Amendment of Part 3

9. Amendment of section 17 of Principal Act

9. Section 17 of the Principal Act is amended—

(a) in the definition of “built up area”, by the substitution of “an area” for “a collection of statistical small areas,”, and

(b) by the substitution of the following definition for the definition of “key town”:

“ ‘key town’ means a settlement (other than a city or built up area that contains a city)—

(a) that has a population of not fewer than 10,000 people, or

(b) designated under subsection (8) of section 29;”.

10. Amendment of section 22 of Principal Act

10. Section 22 of the Principal Act is amended, in subsection (8), by the substitution of “not later than 10 working days from the” for “within 10 days of”.

11. Amendment of section 23 of Principal Act

11. Section 23 of the Principal Act is amended, in subsection (6), by the substitution of “not later than 10 working days from the” for “within 10 days of”.

12. Amendment of section 25 of Principal Act

12. Section 25 of the Principal Act is amended—

(a) in subsection (5), by the substitution of “not later than 10 working days from the” for “within 10 days of”, and

(b) in subsection (6), by the substitution of “not later than 10 working days from the” for “within 10 days of”.

13. Amendment of section 29 of Principal Act

13. Section 29 of the Principal Act is amended by—

(a) the substitution of the following subsection for subsection (8):

“(8) A regional spatial and economic strategy shall designate one or more than one settlement (other than a city or a built up area that contains a city) that, in the opinion of the regional assembly concerned, is an economically active settlement that provides employment and services for its surrounding area.”,

and

(b) the deletion of subsection (9).

14. Amendment of section 32 of Principal Act

14. Section 32 of the Principal Act is amended by the insertion of the following subsection:

“(18) Notwithstanding any other provision of this Part, the director of a regional assembly shall, where the regional assembly concerned fails to make a regional spatial and economic strategy under subsection (12) of this section or subsection (7) of section 33 before the expiration of—

(a) the period of 90 weeks, or

(b) such other period as may be prescribed,

from the date of the publication of the notice under paragraph (c) of subsection (1) of section 31, make a regional spatial and economic strategy in the same terms as the terms of the draft regional spatial and economic strategy that were agreed by resolution of the members of the regional assembly.”.

15. Amendment of section 36 of Principal Act

15. Section 36 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (1):

“(1) Where the Minister issues or amends a National Planning Statement, each regional assembly shall, if so directed by the Office of the Planning Regulator, submit a report to that Office, not later than 2 months from the date on which the regional assembly is so directed, stating whether or not it considers that the regional spatial and economic strategy in force for its region is materially consistent with the National Planning Policies and Measures.”,

(b) by the deletion of subsection (4),

(d) in subsection (7), by the deletion of “or subsection (4)”, and

(e) in subsection (8), by the deletion, in paragraph (b), of “or subsection (4)”.

16. Amendment of section 37 of Principal Act

16. Section 37 of the Principal Act is amended, in subsection (4), by—

(a) the substitution of “shall be made, and its making shall be effected” for “may only be made”, and

(b) the deletion of “and may not be made under this section”.

17. Amendment of section 38 of Principal Act

17. Section 38 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (9):

“(9)

(a) Where, following an assessment carried out under subsection (1), the Office of the Planning Regulator forms the opinion that none of the criteria specified in paragraphs (a), (b), (c) and (d) of subsection (8) is met, it shall notify the regional assembly concerned in writing of that opinion and of the reasons for that opinion.

(b) Where, following an assessment carried out under subsection (2), the Office of the Planning Regulator forms the opinion that none of the criteria specified in paragraphs (a), (b), (c) and (d) of subsection (8) is met, it shall notify the Minister in writing of that opinion and of the reasons for that opinion.”,

(b) in subsection (10), by the deletion of “or (9)”, and

18. Amendment of section 39 of Principal Act

18. Section 39 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “, not later than 10 working days after having complied with subsection (4) and, where applicable, subsection (5)” for “within 10 working days, subject to subsection (4)”,

(b) in subsection (5), by—

(i) the insertion, in paragraph (a), of “, before issuing a draft direction under subsection (1),” after “shall”, and

(ii) the insertion, in paragraph (b), of “, before issuing a draft direction under subsection (1),” after “shall”.

19. Amendment of section 42 of Principal Act

19. Section 42 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2)

(a) A planning authority shall, before the expiration of the relevant period, commence a review of the development plan for its functional area in accordance with sections 53 and 54, with a view to making a new development plan in accordance with section 55.

(b) In this subsection ‘relevant period’ means—

(i) in relation to a development plan in force by virtue of subsection (1) of section 68 or varied in accordance with subsection (2) of section 69, the period—

(I) commencing 3 years before the date of the expiration of the development plan in accordance with section 68, and

(II) ending 2 years and 20 weeks before that date,

and

(ii) in relation to any other development plan—

(I) the period of 7 years and 40 weeks from the date of the making of the development plan, or

(II) where the Minister grants an extension under paragraph (b) of subsection (5), the period consisting of the aggregate of—

(A) the period of 7 years and 40 weeks from the date of the making of the development plan, and

(B) a period equal in length to the further period referred to in that paragraph by which the period referred to in clause (A) was extended.”.

20. Amendment of section 46 of Principal Act

20. Section 46 of the Principal Act is amended—

(a) in subsection (3), by—

(i) the substitution of the following paragraph for paragraph (f):

“(f) a statement specifying that an urban area plan is required in respect of a settlement that—

(i) is situated within the functional area of the planning authority concerned,

(ii) is a regional growth centre, and

(iii) in the opinion of the planning authority concerned, is intended to be the subject of planned physical or population growth of such a scale as to require an integrated approach to the land-use and transportation planning for the entire urban area of the settlement;”,

(ii) the substitution of the following paragraph for paragraph (g):

“(g) a statement specifying that a priority area plan is required in respect of a part of a settlement—

(i) that is situated within the functional area of the planning authority concerned, and

(ii) that—

(I) may be the subject of significant physical or population growth relative to the scale of the settlement in which the part is situated,

(II) is in need of physical, social or economic renewal, or

(III) requires the coordinated delivery of physical or other infrastructure that cannot otherwise be provided for in the settlement-specific objectives of the development plan for the settlement;”,

and

(iii) the insertion of the following paragraph:

“(ga) a statement that an urban area plan is required in respect of a key town that, in the opinion of the planning authority within whose functional area the key town is located, is intended to be the subject of physical or population growth of such a scale as would necessitate an integrated approach to—

(i) land use, and

(ii) transportation planning,

within the key town,”,

and

(b) the deletion of subsections (6) and (7).

21. Amendment of section 55 of Principal Act

21. Section 55 of the Principal Act is amended by the substitution of the following subsection for subsection (18):

“(18) Notwithstanding this Part—

(a) where a planning authority fails to make a development plan before the expiration of the period of 2 years and 12 weeks from the date of the notice of intention to make a new development plan under section 54, or

(b) where a planning authority makes a determination under paragraph (d) of subsection (8) and fails to make a development plan before the expiration of the period of 2 years and 16 weeks from the date of the notice of intention to make a new development plan under section 54 or such longer period as is specified in writing by the chief executive as being necessary in order to enable the carrying out of strategic environmental assessment or appropriate assessment concerned,

the chief executive shall make a development plan, and that development plan shall contain such provisions of the draft plan as were agreed by resolution of the members of the planning authority.”.

22. Amendment of section 59 of Principal Act

22. Section 59 of the Principal Act is amended, in subsection (3), by the insertion of “or subparagraph (ii) of paragraph (a) of subsection (13) of section 58” after “section 58”.

23. Amendment of section 62 of Principal Act

23. Section 62 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (4)—

“(4) Where the chief executive determines that a strategic environmental assessment or an appropriate assessment of a draft variation is required, the variation concerned shall be made and its making shall be effected under section 58, and accordingly that section (other than subsections (1), (2), (3), (4), (5) and (6)) shall apply to the making of such variation as if—

(a) in subsection (7), ‘A planning authority shall, as soon as practicable after the making of a determination by the chief executive of the planning authority under subsection (4) of section 62’ were substituted for ‘Where the members of a planning authority decide to propose to make a variation of a development plan under subsection (3) or the chief executive proposes to make a variation under subsection (4), the planning authority shall, as soon as practicable after making the decision’, and

(b) in subparagraph (ii) of paragraph (b) of subsection (8), ‘subsection (2) of section 62’ were substituted for ‘subsection (5) or (6)’.”,

(b) in subsection (6), by the substitution of “adopt or reject” for “reject”, and

“(7) Where a variation—

(a) is made by virtue of the adoption of a draft variation by the members of the planning authority concerned, or

(b) is deemed to have been made in accordance with subsection (6),

the planning authority shall, in relation to the development plan as varied in accordance with the said variation, comply with subsection (18) of section 58.”.

24. Amendment of section 63 of Principal Act

24. Section 63 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (7):

“(7) Where the Office of the Planning Regulator issues a notice to a planning authority under subsection (6)—

(a) it shall on the same day—

(i) provide copies of the notice to the Minister and the Commission, and

(ii) publish the notice on an internet website maintained by or on behalf of the Office of the Planning Regulator,

and

(b) the planning authority shall, as soon as may be, publish that notice on its internet website.”,

(b) by the substitution of the following subsection for subsection (11):

“(11)

(a) Where, following an assessment carried out under subsection (1), the Office of the Planning Regulator forms the opinion that none of the criteria specified in subsection (10) is met, it shall notify the planning authority concerned in writing of that opinion and of the reasons for that opinion.

(b) Where, following an assessment carried out under subsection (2), the Office of the Planning Regulator forms the opinion that none of the criteria specified in subsection (10) is met, it shall notify the Minister in writing of that opinion and of the reasons for that opinion.”,

(d) in subsection (15), by the insertion, in paragraph (a), of “(if any)” after “criteria”.

25. Amendment of section 64 of Principal Act

25. Section 64 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “, not later than 10 working days after having complied with subsection (5) and, where applicable, subsection (6)” for “within 10 working days, subject to subsection (5)”,

(b) in subsection (6), by—

(i) the insertion, in paragraph (a), of “, before issuing a draft direction under subsection (1),” after “shall”, and

(ii) the insertion, in paragraph (b), of “, before issuing a draft direction under subsection (1),” after “shall”.

26. Amendment of section 65 of Principal Act

26. Section 65 of the Principal Act is amended by the insertion of the following subsections:

“(19)
(a) Where, in relation to a relevant development plan, the Office of the Planning Regulator issued—

(i) a notice to the Minister under subsection (8) of section 31AM of the Act of 2000, or

(ii) a recommendation under subsection (4) or (9) of section 31AN of the Act of 2000,

but the Minister did not perform the functions conferred on him or her under section 31AN of the Act of 2000 in connection with that notice or recommendation, as the case may be, before the commencement of section 68, then, notwithstanding section 68, the Minister and any person upon whom functions are conferred by section 31 or 31AN of that Act may perform functions in connection with that notice or recommendation, as may be appropriate, under the said sections 31 or 31AN in relation to the relevant development plan, and accordingly—
- (I) the said section 31 shall apply and have effect in relation to the relevant development plan as if ‘or the Planning and Development Act 2024’ were inserted after ‘this Act’ in each place that it occurs, and

- (II) any direction given by the Minister under the said section 31 in relation to the relevant development plan shall be deemed to be a direction under this section.
(b) In this subsection ‘relevant development plan’ means a development plan made under the Act of 2000 that remains in force by virtue of section 68.
(20) Notwithstanding subsection (2) of section 69, the Minister and any person upon whom functions are conferred by section 31, 31AM or 31AN of the Act of 2000 may perform functions under the said section 31, 31AM or 31AN in relation to a development plan varied in accordance with subsection (2) of section 69, and accordingly—

(a) the said section 31 shall apply and have effect in relation to the relevant development plan as if ‘or the Planning and Development Act 2024’ were inserted after ‘this Act’ in each place that it occurs, and

(b) any direction given by the Minister under the said section 31 in relation to that development plan shall be deemed to be a direction under this section.”.

27. Amendment of section 68 of Principal Act

27. Section 68 of the Principal Act is amended—

(a) in subsection (1), by—

(i) the substitution of the following paragraph for paragraph (a):

“(a) until the expiration of—

(i) the period that that development plan would, but for such repeal, have remained in effect, or

(ii) any extended period under paragraph (a) of subsection (3) or any extended period or reduced period, as the case may be, under paragraph (b) of that subsection, or”,

and

(ii) the substitution of the following paragraph for paragraph (b):

“(b) until the coming into effect of a first development plan made under this Chapter in respect of the functional area to which the development plan made under the said section 12 applies,”,

and

(b) by the substitution of the following subsection for subsection (3):

“(3)

(a) For the purpose of ensuring the effective operation of this Part, a planning authority may, upon either a resolution of the members of the planning authority or the direction of the Minister, extend the period referred to in subparagraph (i) of paragraph (a) of subsection (1)—

(i) in relation to a development plan—

(I) made under section 12 of the Act of 2000 before 1 February 2022, and

(II) that applies to its functional area,

by an additional period ending on 28 February 2030 or such earlier or later date as may be prescribed,

(ii) in relation to a development plan—

(I) made under section 12 of the Act of 2000 after 31 January 2022 but before 16 May 2022, and

(II) that applies to its functional area,

by an additional period ending on 30 April 2030 or such earlier or later date as may be prescribed,

(iii) in relation to a development plan—

(I) made under section 12 of the Act of 2000 after 15 May 2022 but before 21 June 2022, and

(II) that applies to its functional area,

by an additional period ending on 30 June 2030 or such earlier or later date as may be prescribed,

(iv) in relation to a development plan—

(I) made under section 12 of the Act of 2000 after 20 June 2022 but before 1 August 2022, and

(II) that applies to its functional area,

by an additional period ending on 31 August 2030 or such earlier or later date as may be prescribed, and

(v) in relation to a development plan—

(I) made under section 12 of the Act of 2000 after 31 July 2022 but before 16 February 2023, and

(II) that applies to its functional area,

by an additional period ending on 31 October 2030 or such earlier or later date as may be prescribed.

(b) For the purpose of ensuring the effective operation of this Part, a planning authority may—

(i) in relation to a development plan—

(I) made under section 12 of the Act of 2000 after 15 February 2023 but before 31 May 2025, and

(II) that applies to its functional area,

(ii) and upon either a resolution of the members of the planning authority or the direction of the Minister—

(I) extend the period referred to in subparagraph (i) of paragraph (a) of subsection (1) by such additional period as ends on 31 December 2030 or such earlier or later date as may be prescribed, or

(II) reduce the period referred to in that subparagraph to such period as ends on 31 December 2030 or such earlier or later date as may be prescribed.”,

and

“(4) Before performing functions under subsection (3) a planning authority shall, in relation to any proposed extension under that subsection (whether or not in accordance with a direction under subsection (3)), comply with the Strategic Environmental Assessment Regulations and Chapter 2 of Part 6.”.

28. Amendment of section 69 of Principal Act

28. Section 69 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

“(1) A notice under subsection (1) of section 11 of the Act of 2000 given before the commencement of the repeal of that section by section 6 shall cease to have effect in relation to a development plan that remains in force by virtue of subsection (1) of section 68, and any review of that development plan commenced after the commencement of the said repeal shall cease and have no effect for any purpose.”.

29. Amendment of section 71 of Principal Act

29. The Principal Act is amended by the insertion of the following subsection:

“(3) This section shall not apply to a development plan made under the Act of 2000 that—

(a) remains in force by virtue of section 68, or

(b) is varied in accordance with section 69.”.

30. Amendment of section 78 of Principal Act

30. Section 78 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (9):

“(9)

(a) Where, following an assessment carried out under subsection (1), the Office of the Planning Regulator forms the opinion that none of the criteria specified in subsection (8) is met, it shall notify the planning authority concerned in writing of that opinion and of the reasons for that opinion.

(b) Where, following an assessment carried out in accordance with a request under subsection (2), the Office of the Planning Regulator forms the opinion that none of the criteria specified in subsection (8) is met, it shall notify the Minister in writing of that opinion and of the reasons for that opinion.”,

and

(b) in subsection (13), by the substitution, in paragraph (a), of “(if any)” after “criteria”.

31. Amendment of section 79 of Principal Act

31. Section 79 of the Principal Act is amended—

(a) in subsection (1), by the substitution of “after having complied with subsection (5) and, where applicable, subsection (6)” for “subject to subsection (5)”,

(b) in subsection (6), by—

(i) the insertion, in paragraph (a), of “, before issuing a draft direction under subsection (1),” after “shall”, and

(ii) the insertion, in paragraph (b), of “, before issuing a draft direction under subsection (1),” after “shall”.

Chapter 4 Amendment of Part 4

32. Amendment of section 82 of Principal Act

32. Section 82 of the Principal Act is amended, in subsection (1), by—

(a) the insertion of the following definition:

“ ‘material contravention’ means—

(a) in relation to a development plan made under Chapter 5 of Part 3, a contravention of the development plan that fundamentally conflicts with the integrated overall strategy for the proper planning and sustainable development of the functional area to which the development plan relates, and

(b) in relation to a development plan made under the Act of 2000—

(i) that continues in force by virtue of section 68, or

(ii) is varied, in accordance with section 69,

a contravention of the development plan that fundamentally conflicts with an objective of the development plan relating to the zoning of land in the functional area to which the development plan applies.”,

and

(b) the substitution of “million standard cubic metres” for “mscm” in the definition of “strategic gas infrastructure development” in paragraph (g).

33. Amendment of section 83 of Principal Act

33. Section 83 of the Principal Act is amended, in subsection (1), by the substitution, in clause (II) of subparagraph (iii) of paragraph (a), of “section 341 or 342” for “section 341”.

34. Amendment of section 84 of Principal Act

34. Section 84 of the Principal Act is amended—

(a) in subsection (1), by the insertion—

(i) in paragraph (a), of “(other than an alteration or extension of a permission under Chapter 5)” after “standard development”, and

(ii) in paragraph (b), of “(other than an alteration or extension of a permission under Chapter 5)” after “standard development”,

and

(b) in subsection (3), by the substitution of “alteration or extension” for “material alteration”.

35. Amendment of section 85 of Principal Act

35. Section 85 of the Principal Act is amended, in subsection (1), by—

(a) the insertion of the following paragraph:

“(aa) is a statutory undertaker,”,

and

(b) the substitution of the following paragraph for paragraph (e):

“(e) makes the application with the consent in writing, or on behalf, of—

(i) the owner of the land on which the development is situated or proposed to be situated,

(ii) a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated,

(iii) a person who has a power, or who is under an obligation, referred to in paragraph (c) or (d), or

(iv) a statutory undertaker.”.

36. Amendment of section 86 of Principal Act

36. Section 86 of the Principal Act is amended—

(a) in paragraph (a) of subsection (1), by—

(i) the substitution of the following subparagraph for subparagraph (ii):

“(ii) to provisions of a National Planning Statement that—

(I) are not the subject of any provision of a plan referred to in subparagraph (i), or

(II) conflict with any provision of such a plan,”,

(ii) the substitution of the following subparagraph for subparagraph (vii):

“(vii) where applicable, to—

(I) the policies and objectives of the Government, any State authority, the Minister or the planning authority concerned, or

(II) a prescribed body whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas (whether urban or rural),”,

(iii) the substitution, in subparagraph (viii), of “strategic, economic” for “strategic economic”,

(iv) the substitution, in subparagraph (x), of “material effect that the development or proposed development” for “material effect that the proposed development”,

(v) the substitution of the following subparagraph for subparagraph (xi):

“(xi) in the case of development or proposed development in an area to which a special amenity area order relates, to the provisions of that order, and”,

(b) by the substitution of the following subsection for subsection (2):

“(2) An obligation imposed on a planning authority or the Commission by subsection (1) to have regard to any matter shall be construed as an obligation to have regard to that matter as it applies on the date of the performance by the planning authority or Commission, as the case may be, of the function concerned.”,

“(7) Neither a planning authority nor the Commission shall refuse permission for proposed development for the reason that a housing growth target in respect of the settlement (within the meaning of Part 3) concerned included in—

(a) the housing development strategy,

(b) a regional spatial and economic strategy continued in force by virtue of section 41,

(c) a development plan continued in force by virtue of section 68 or varied in accordance with section 69, or

(d) in a local area plan continued in force by virtue of section 81,

has already been reached.”.

37. Amendment of section 89 of Principal Act

37. Section 89 of the Principal Act is amended—

(a) in subsection (1), by—

(i) the substitution of the following paragraph for paragraph (i):

“(i) he or she—

(I) first requests a consultation under section 90, or

(II) participates in at least one consultation meeting convened in accordance with paragraph (a) of subsection (3) of section 90,”,

(ii) the deletion of paragraph (ii), and

(iii) the deletion, in subparagraph (I) of paragraph (iv), of “or (ii)”,

and

(b) in subsection (3), by the substitution of the following paragraph for paragraph (b) of the definition of “proposed development”:

“(b) in relation to an application for permission referred to in subsection (2), development that is not materially different from development in respect of which—

(i) a certificate was provided to the applicant in accordance with paragraph (a) of subsection (9) of section 90, or

(ii) an LRD opinion was obtained by the applicant under section 92.”.

38. Amendment of section 90 of Principal Act

38. Section 90 of the Principal Act is amended by the substitution of the following subsection for subsection (3):

“(3) Where a request is made under this section and is accompanied by the required documentation and information in accordance with subsection (2), the planning authority shall hold a consultation meeting—

(a) in the case of—

(i) development to which subsection (1) of section 89 applies, or

(ii) proposed large-scale residential development in respect of which there has been compliance with subsection (2) of section 89,

not later than 4 weeks from the date of the request, or

(b) in the case of any other development, as soon as is practicable.”.

39. Amendment of section 92 of Principal Act

39. Section 92 of the Principal Act is amended, in subsection (4), by the substitution of “3 working days” for “3 days”.

40. Amendment of section 93 of Principal Act

40. Section 93 of the Principal Act is amended—

(a) by the substitution of the following subparagraph for subparagraph (ii) of paragraph (b) of subsection (2):

“(ii) such circumstances as may be prescribed relating to such particular class of development as may be prescribed.”,

and

(b) in subsection (9) by the substitution of “3 working days” for “3 days”.

41. Amendment of section 95 of Principal Act

41. Section 95 of the Principal Act is amended—

(a) in subsection (1), by the deletion of “paragraph (d) of subsection (1) of section 216 and”, and

(b) in subsection (8), by—

(i) the substitution of the following paragraph for paragraph (b):

“(b) Where, following a screening for appropriate assessment carried out under section 212 in relation to an application for retention permission, a planning authority makes a determination under that section that—

(i) the development concerned (either individually or in combination with any plan within the meaning of Chapter 2 of Part 6 or other project within the meaning of the Habitats Directive) has had, or is having, significant effects on a European site, or

(ii) the likelihood of the development concerned (either individually or in combination with any plan within the meaning of Chapter 2 of Part 6 or other project within the meaning of the Habitats Directive) having significant effects on a European site cannot be excluded,

the competent authority shall declare the application to be invalid.”,

and

(ii) the substitution of “development or proposed development” for “proposed development” in each place that it occurs in paragraph (d).

42. Amendment of section 96 of Principal Act

42. Section 96 of the Principal Act is amended—

(a) in subsection (4), by the substitution of “outline permission” for “outline planning permission”, and

(b) in subsection (10), by the substitution of “section 34 of the Act of 2000” for “section 36 of the Act of 2000”.

43. Amendment of section 97 of Principal Act

43. Section 97 of the Principal Act is amended, in paragraph (a) of subsection (4), by the substitution of “a notification under paragraph (ii) of subsection (3)” for “a notification under paragraph (a) of subsection (2)”.

44. Amendment of section 100 of Principal Act

44. Section 100 of the Principal Act is amended, in subsection (4), by the substitution of the following paragraph for paragraph (a):

“(a) publish (if it has not already done so)—

(i) its determination in relation to any screening for appropriate assessment carried out under section 212,

(ii) its determination in relation to any appropriate assessment carried out under section 217, and

(iii) its determination in relation to any screening for environmental impact assessment under section 229,

in relation to the development or proposed development to which the decision applies,”.

45. Amendment of section 102 of Principal Act

45. Section 102 of the Principal Act is amended—

(a) in paragraph (b) of subsection (2), by the substitution of “a Natura impact statement or an environmental impact assessment report” for “an appropriate assessment or an environmental impact assessment”,

(b) in paragraph (f) of subsection (4), by the substitution of “not later than 3 working days” for “within 3 days”, and

46. Amendment of section 103 of Principal Act

46. Section 103 of the Principal Act is amended, in subsection (6), by—

(a) the substitution of the following paragraph for paragraph (a):

“(a) the Commission makes a determination under section 212 or 214 that—

(i) the development concerned (either individually or in combination with any plan within the meaning of Chapter 2 of Part 6 or other project within the meaning of the Habitats Directive) has had, or is having, significant effects on a European site, or

(ii) the likelihood of the development concerned (either individually or in combination with any plan within the meaning of Chapter 2 of Part 6 or other project within the meaning of the Habitats Directive) having significant effects on a European site cannot be excluded, or”,

and

(b) the substitution of “subsection (5) of section 232” for “section 232” in paragraph (b).

47. Amendment of section 105 of Principal Act

47. Section 105 of the Principal Act is amended, in subsection (2), by—

(a) the substitution of the following paragraph for paragraph (a):

“(a) submit to the Commission copies of such materials as may be prescribed if not already submitted,”,

and

(b) the substitution of “regulations under section 183” for “the regulations” in paragraph (b).

48. Amendment of section 106 of Principal Act

48. Section 106 of the Principal Act is amended, in subsection (3), by the substitution of “with such a notice or such a submission, as the case may be,” for “with such a notice”.

49. Amendment of section 107 of Principal Act

49. Section 107 of the Principal Act is amended, in paragraph (d) of subsection (1), by the substitution of “regulations under section 183” for “the regulations”.

50. Amendment of section 108 of Principal Act

50. Section 108 of the Principal Act is amended, in subsection (3), by the substitution of “sections 369 and 370” for “section 369”.

51. Amendment of section 111 of Principal Act

51. Section 111 of the Principal Act is amended, in subsection (5), by the substitution of the following paragraph for paragraph (a):

“(a) comply (if it has not already done so) with—

(i) subsection (10) of section 212, where it has made a determination in relation to a screening for appropriate assessment of the development or proposed development concerned,

(ii) subsection (8) of section 217, where it has made a determination in relation to an appropriate assessment of the development or proposed development concerned, and

(iii) subsection (15) of section 229, where it has made a determination in relation to a screening for environmental impact assessment of the development or proposed development concerned,”.

52. Amendment of section 113 of Principal Act

52. Section 113 of the Principal Act is amended, in subsection (7), by—

(a) the substitution of “subparagraph (III) of paragraph (ii)” for “paragraph (a)” in subparagraph (iii) of paragraph (a) of the definition of “relevant period”,

(b) the substitution of “the date by which” for “by which” in clause (II) of subparagraph (i) of paragraph (b) of that definition, and

(c) the substitution of “subparagraph (III) of paragraph (ii)” for “paragraph (a)” in subparagraph (iii) of paragraph (b) of that definition.

53. Amendment of section 115 of Principal Act

53. Section 115 of the Principal Act is amended by the substitution of the following subsection for subsection (3):

“(3) Notwithstanding subsection (2), where a statutory undertaker proposes to carry out development consisting of works for the purposes of—

(a) the maintenance or improvement of existing infrastructure, or

(b) the distribution (within the meaning of the Act of 1999) of electricity,

that would, but for this subsection, constitute Chapter 4 development, the statutory undertaker may, instead of making an application under this Chapter for permission for the development, make an application under Chapter 3 for permission for the development, and where such an application is made, the development shall, for the purposes of this Act, be treated as standard development rather than Chapter 4 development.”.

54. Amendment of section 116 of Principal Act

54. Section 116 of the Principal Act is amended—

(a) in subsection (1), by the deletion, in paragraph (c), of “, and is eligible”,

(b) in subsection (4), by—

(i) the substitution, in subparagraph (i) of paragraph (b), of “development or proposed development, as the case may be,” for “proposed development” in each place that it occurs, and

(ii) the substitution, in paragraph (c), of “development or proposed development, as the case may be, relates in accordance with regulations under section 183” for “proposed development relates in accordance with the requirements of the regulations”,

(c) in subsection (5), by the substitution, in paragraph (b), of “development or proposed development” for “proposed development”,

(d) by the substitution of the following subsection for subsection (6):

“(6) Where, on receipt of a request for a consultation under this section, or following consultation under this section, the Commission forms the opinion that—

(a) in the case of development already carried out, the development does not constitute Chapter 4 development, or

(b) in the case of proposed development, the proposed development would not, if carried out, constitute Chapter 4 development,

the Commission shall—
- (i) notify the prospective applicant—

    - (I) that an application for permission for the development or proposed development, as the case may be, shall not be made to the Commission under this Chapter, and

    - (II) of the Chapter (if any) of this Part under which an application for permission for the development or proposed development should be made,

      and

- (ii) not proceed further with any consultations under this section in relation to the development or proposed development.”,

and

(e) by the substitution of the following for subsection (7):

“(7) Where, following consultations under this section the Commission forms the opinion that—

(a) in the case of development already carried out, the development does constitute Chapter 4 development, or

(b) in the case of proposed development, the proposed development would, if carried out, constitute Chapter 4 development,

it shall give a notification (in this Part referred to as a ‘Chapter 4 PAC notification’) in writing to the prospective applicant that any application for permission in respect of the development or proposed development, as the case may be, should be made to the Commission under this Chapter.”.

55. Amendment of section 117 of Principal Act

55. Section 117 of the Principal Act is amended—

(a) in subsection (1), by—

(i) the substitution, in paragraph (a), of “proposed development,” for “proposed development, or”,

(ii) the substitution, in paragraph (b), of “proposed development, or” for “proposed development.”,

(iii) the insertion of the following paragraphs:

“(c) a consultation under section 182E of the Act of 2000 in relation to the proposed development commenced before the repeal of that section by section 6 but no application was made under section 182A of that Act in relation to the proposed development before the repeal of the said section 182A by section 6, or

(d) a consultation under section 182E of the Act of 2000 in relation to the proposed development commenced before the repeal of that section by section 6 but no application was made under section 182C of that Act in relation to the proposed development before the repeal of the said section 182C by section 6.”,

and

(b) the substitution, in the definition of “proposed development” in subsection (3), of “development or proposed development” for “development” in each place that it occurs.

56. Amendment of section 118 of Principal Act

56. Section 118 of the Principal Act is amended—

(a) by the substitution of the following subparagraph for subparagraph (ii) of paragraph (b) of subsection (2):

“(ii) such circumstances as may be prescribed relating to such particular class of development as may be prescribed.”,

and

(b) in subsection (9), by the substitution of “3 working days” for “3 days”.

57. Amendment of section 122 of Principal Act

57. Section 122 of the Principal Act is amended, in subsection (7), by the substitution, in paragraph (c), of “paragraph (ii)” for “paragraph (b)”.

58. Amendment of section 125 of Principal Act

58. Section 125 of the Principal Act is amended, in subsection (7), by the substitution of the following paragraph for paragraph (a):

“(a) comply (if it has not already done so) with—

(i) subsection (10) of section 212, where it has made a determination in relation to a screening for appropriate assessment of the development or proposed development concerned,

(ii) subsection (8) of section 217, where it has made a determination in relation to an appropriate assessment of the development or proposed development concerned, and

(iii) subsection (15) of section 229, where it has made a determination in relation to a screening for environmental impact assessment of the development or proposed development concerned,”.

59. Amendment of section 126 of Principal Act

59. Section 126 of the Principal Act is amended, in subsection (1), by the substitution of “regulations under section 183” for “the regulations”.

60. Amendment of section 129 of Principal Act

60. Section 129 of the Principal Act is amended—

(a) in subsection (4), by the substitution of “An environmental impact assessment report required to accompany an application for retrospective consent in accordance with subsection (8)” for “Any environmental impact assessment report (whether submitted with the application or following a screening determination by the Commission under Chapter 4 of Part 6)”,

(b) in subsection (5), by the substitution of “A Natura impact statement required to accompany an application for retrospective consent in accordance with subsection (8)” for “Any Natura impact statement (whether submitted with the application or following a determination by the Commission under section 212)”, and

“(8)

(a) An application for retrospective consent for development in respect of which an appropriate assessment is required shall be accompanied by a Natura impact statement.

(b) An application for retrospective consent for development in respect of which an environmental impact assessment is required shall be accompanied by an environmental impact assessment report.

(9)

(a) The Commission shall not consider an application for retrospective consent for development on land if neither of the following is required in respect of the development:

(i) an appropriate assessment;

(ii) an environmental impact assessment.

(b) For the purposes of this subsection—

(i) an appropriate assessment shall, notwithstanding subsection (1) of section 217, be deemed to be required in respect of development where an application for retrospective consent for that development is accompanied by a Natura impact statement, and

(ii) an environmental impact assessment shall be deemed to be required in respect of development where an application for retrospective consent for that development is accompanied by an environmental impact assessment report.”.

61. Amendment of section 138 of Principal Act

61. Section 138 of the Principal Act is amended, in subsection (1), by the insertion, in paragraph (d) of the definition of “material alteration”, of “and section 138A” after “subsection (2)”.

62. Alterations of existing permissions allowed for purpose of alleviating shortage of residential accommodation

62. The Principal Act is amended by the insertion of the following section:

“Section 138 supplemental provision

138A. (1) The purpose of this section is, having regard to—

(a) the acute shortage of residential accommodation in the State,

(b) the rise in homelessness in the State, and

(c) the rise in the cost of—

(i) residential rental accommodation, and

(ii) house and apartment purchase prices,

in the State,

to enable the construction of greater numbers of dwellings within residential developments than is authorised for the time being under permissions granted for such residential developments.

(2) This section applies to residential development—

(a) for which permission was granted before the coming into operation of this section,

(b) in respect of which a request under subsection (1) of section 140 is made before the expiration of 2 years from the coming into operation of this section, and

(c) that, on the date on which such request is made and subject to subsection (6), has not yet been commenced.

(3) Subject to this section, none of the following alterations of a permission shall be a material alteration of a permission for the purposes of this Chapter:

(a) an alteration consisting of—

(i) an increase in the number of apartments within the proposed residential development for which the permission was granted, or

(ii) a change in—

(I) the mixture of apartments of different classes in the proposed residential development, or

(II) the proportion of apartments of a particular class to apartments of another class in the proposed residential development,

subject to any applicable requirements under section 96 of the Act of 2000 or Chapter 2 of Part 7,

provided that the alteration does not result in a change in the external dimensions (including the external boundary) of any building comprising, or forming part of, the proposed residential development;

(b) an alteration consisting of a change to the floor areas of apartments in the proposed residential development subject to—

(i) an apartment, designed for occupation by not more than one person, having a minimum floor area of 32 square metres,

(ii) an apartment containing one bedroom, designed for occupation by not more than 2 persons, having a minimum floor area of 45 square metres,

(iii) an apartment containing 2 bedrooms, designed for occupation by not more than 3 persons, having a minimum floor area of 63 square metres,

(iv) an apartment containing 2 bedrooms, designed for occupation by not more than 4 persons, having a minimum floor area of 73 square metres,

(v) an apartment containing 3 bedrooms, designed for occupation by not more than 4 persons, having a minimum floor area of 76 square metres,

(vi) an apartment containing 3 bedrooms, designed for occupation by not more than 5 persons, having a minimum floor area of 90 square metres;

(c) an alteration consisting of an increase or decrease in the number of walls in any apartment in the proposed residential development that would have a window, provided that not less than 25 per cent of the apartments within the proposed residential development shall have windows (other than in a hallway, a room containing kitchen facilities only, a bathroom, a room containing a toilet, a utility room, a storage room or a cloakroom) in at least 2 external walls each facing in a different direction;

(d) an alteration relating to the internal height of an apartment located on the ground floor of the proposed residential development measured from floor to ceiling, provided that such internal height shall not be less than 2.7 metres;

(e) an alteration relating to the number of lifts or stairways in the proposed residential development;

(f) an alteration consisting of the carrying out of other works (including works to footpaths, boundaries, gardens and balconies) necessary for the purposes of—

(i) any of the foregoing alterations, or

(ii) ensuring access to the proposed residential development following its completion.

(4) An alteration of a permission referred to in subsection (3) shall, in the case of residential development in a strategic development zone, not cause the number of dwellings situated in that strategic development zone to exceed the number of dwellings permitted by a planning scheme under section 169 of the Act of 2000 applicable for the time being to that strategic development zone.

(5) An alteration of a permission referred to in subsection (3) shall not result in the proposed residential development being designed to accommodate more occupants than it would be designed to accommodate were the alteration not made.

(6) For the purposes of this section, a residential development is not to be treated as having commenced where the only works as yet carried out are those required to maintain, secure or protect the land or maritime site on which the development is proposed to be situated.

(7) In this section ‘residential development’ means development, or part of a development, consisting of, or primarily consisting of, dwellings in an apartment building or apartment buildings, but does not include student accommodation.”.

63. Amendment of section 141 of Principal Act

63. Section 141 of the Principal Act is amended by—

(a) the substitution of the following subsection for subsection (2):

“(2) Where the duration of a permission is extended under this Chapter, the aggregate of—

(a) the period of duration of the permission before it is so extended, and

(b) the period by which the permission is so extended,

shall not exceed twice the length of the period referred to in paragraph (a).”,

(b) the insertion of the following subsection:

“(2A) Where the duration of a permission was extended under the Act of 2000, the aggregate of—

(a) the period of duration of the permission before it was so extended,

(b) the period by which the permission was so extended under that Act, and

(c) any period by which the permission is further extended under this Chapter,

shall not exceed twice the length of the period referred to in paragraph (a).”,

and

64. Amendment of section 143 of Principal Act

64. Section 143 of the Principal Act is amended—

(a) in subsection (5), by the insertion of the following paragraphs:

“(ca) include—

(i) the determination in relation to any screening for appropriate assessment carried out under section 212, and

(ii) the determination in relation to any screening for environmental impact assessment carried out under section 229,

in respect of the material alteration request concerned, unless the deciding authority has already complied with subsection (10) of section 212 or subsection (15) of section 229, as may be appropriate,

(cb) include the determination in relation to any appropriate assessment carried out under section 217 in respect of the material alteration request concerned, unless the deciding authority has already complied with subsection (8) of that section,”,

(b) in subsection (8), by—

(i) the substitution, in subparagraph (ii) of paragraph (a), of “Chapter 3” for “subsection (7)”,

(ii) the substitution, in subparagraph (ii) of paragraph (b), of “Chapter 3” for “subsection (7)”,

(iii) the substitution, in subparagraph (ii) of paragraph (c), of “Chapter 3” for “subsection (7)”,

and

65. Amendment of section 146 of Principal Act

65. Section 146 of the Principal Act is amended—

(a) in paragraph (b) of subsection (8), by—

(i) the substitution of “In this subsection” for “In paragraph (a)”, and

(ii) the substitution, in subparagraph (i) of the definition of “additional sum”, of “or” for “and”,

and

(b) by the insertion of the following subsection:

“(12A) Where the Minister considers it necessary or expedient that decisions under subsection (1) of section 143, in relation to material alteration requests of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of their being of special strategic, economic or social importance to the State, he or she may give a direction to a planning authority to give priority to the making of such decisions, and the planning authority shall comply with any such direction.”.

66. Amendment of section 147 of Principal Act

66. Section 147 of the Principal Act is amended, in subsection (8), by—

(a) the substitution, in paragraph (a), of “requests decided by the Commission” for “requests decided”, and

(b) the substitution, in paragraph (b), of “requests decided by the Commission” for “requests decided”.

67. Amendment of section 155 of Principal Act

67. Section 155 of the Principal Act is amended, in subsection (1), by—

(a) the deletion of “or State authority development of such class as is specified in the order,”, and

(b) the deletion of “or development of such class” in each place that it occurs.

68. Amendment of section 159 of Principal Act

68. Section 159 of the Principal Act is amended—

(a) in subsection (1), by—

(i) the substitution, in paragraph (b), of “not later than 8 weeks from” for “not later than”, and

(ii) the deletion, in subparagraph (i) of that paragraph, of “8 weeks from”,

(b) in subsection (2), by—

(i) the substitution, in subparagraph (i) of paragraph (e), of “section 213” for “section 212”, and

(ii) the substitution, in subparagraph (ii) of that paragraph, of “section 230” for “section 229”.

69. Amendment of section 160 of Principal Act

69. Section 160 of the Principal Act is amended, in subsection (4), by the substitution, in paragraph (b), of “State authority” for “local authority” in each place that it occurs.

70. Amendment of section 161 of Principal Act

70. Section 161 of the Principal Act is amended, in subsection (4), by the substitution, in paragraph (b) of the definition of “local authority housing development” of “coordinated area plan” for “joint area plan”.

71. Amendment of section 167 of Principal Act

71. Section 167 of the Principal Act is amended, in subsection (2), by the substitution, in paragraph (b), of “and” for “or” where it last occurs.

72. Amendment of section 168 of Principal Act

72. Section 168 of the Principal Act is amended by the substitution of the following paragraph for paragraph (b):

“(b) a planning authority (including a planning authority performing functions as a coastal planning authority),”.

73. Amendment of section 173 of Principal Act

73. Section 173 of the Principal Act is amended—

(a) in subsection (1), by the substitution, in paragraph (ii), of “permission” for “planning permission”,

(b) in subsection (7), by the substitution of “permission” for “planning permission”,

(d) in subsection (10), by the substitution of “this Act or the Act of 2000” for “this Act” in each place that it occurs.

74. Amendment of section 180 of Principal Act

74. Section 180 of the Principal Act is amended—

(a) in paragraph (a) of subsection (10)—

(i) by the substitution of “the modifications that—” for “the following modifications:”,

(ii) in subparagraph (i), by the substitution of “,” for “; and”,

(iii) in subparagraph (ii), by the substitution of “permission, and” for “permission.”, and

(iv) by the addition of the following subparagraph after subparagraph (ii):

“(iii) references in subsection (2) to this Act shall be construed as including references to the Act of 2000.”,

and

(b) by the insertion of the following subsections after subsection (10):

“(10A) This section also applies to a permission or approval specified in subsection (10B) in respect of which Part 9 judicial review proceedings are brought in accordance with section 303A, subject to the modifications that—

(a) references to permission shall be construed as references to permission or approval specified in subsection (10B), and

(b) references in subsection (2) to this Act shall be construed as including references to the Act of 2000.

(10B) A permission or approval referred to in subsection (10A) is a permission granted under section 34, 37, 37G, 37N or 293 of the Act of 2000 or an approval under subsection (9) of section 175, subsection (8) of section 177AE, subsection (2L) of section 181, subsection (6) of section 181B, subsection (5) of section 182B or subsection (5) of section 182D of the Act of 2000 (whether or not deemed to be a permission under this Act by virtue of section 188) other than—

(a) permission for retention of development under the Act of 2000, or

(b) outline permission for development granted under section 34 of the Act of 2000 upon an application referred to in subsection (1) of section 36 of that Act.”.

75. Amendment of section 181 of Principal Act

75. Section 181 of the Principal Act is amended, in subsection (4), by the substitution of “change in use” for “change of use” in each place that it occurs.

Chapter 5 Amendment of Part 5

76. Amendment of section 191 of Principal Act

76. Section 191 of the Principal Act is amended—

(a) by the substitution of the following for subsection (8)—

“(8) The competent authority shall, as soon as practicable after the expiration of the period specified in the notice under subsection (7), apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant.”,

and

(b) in subsection (17), by the substitution of the following paragraph for paragraph (a):

“(a) where an appeal, in accordance with subsection (7) of section 103, from the decision of the planning authority in relation to the application is not brought under Chapter 3 of Part 4 before the expiration of the period specified in subsection (5) of section 102 for the bringing of such appeal, come into effect on the expiration of that period, and”.

77. Amendment of section 192 of Principal Act

77. Section 192 of the Principal Act is amended—

(a) by the substitution of the following subsection for subsection (9):

“(9) The competent authority shall, as soon as practicable after the expiration of the period specified in the notice under subsection (8), apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant.”,

and

(b) in subsection (18), by the substitution of the following paragraph for paragraph (a):

“(a) where an appeal, in accordance with section 103, from the decision of the planning authority in relation to the application is not brought under Chapter 3 of Part 4 before the expiration of the period specified in subsection (5) of section 102 for the bringing of such appeal, come into effect on the expiration of that period, and”.

78. Amendment of section 193 of Principal Act

78. Section 193 of the Principal Act is amended—

(a) in subsection (2), by the deletion of “to the planning authority”,

(b) in subsection (4), by the substitution, in clause (I) of subparagraph (i) of paragraph (c), of “such measures or restrictions (if any) as are” for “such measures (if any)”, and

(c) in subsection (6), by the insertion, in subparagraph (i) of paragraph (a), of “, the Irish Air Navigation Service” after “Irish Aviation Authority”.

Chapter 6 Amendment of Part 6

79. Exception to requirement that screening for appropriate assessment and screening for environmental impact assessment be carried out

79. The Principal Act is amended by the insertion of the following section:

“197A. (1) Where, following the carrying out of a screening for appropriate assessment of a development, a planning authority declares an application for retention permission for that development to be invalid on the grounds that an appropriate assessment of the development is required, it shall not be necessary for the Commission, upon an application for retrospective consent for that development, to carry out a further screening for appropriate assessment of that development.

(2) Where, following the carrying out of a screening for environmental impact assessment of a development, a planning authority declares an application for retention permission for that development to be invalid on the grounds that an environmental impact assessment of the development is required, it shall not be necessary for the Commission, upon an application for retrospective consent for that development, to carry out a further screening for environmental impact assessment of that development.”.

80. Amendment of section 198 of Principal Act

80. (1) The definition of “competent authority” in subsection (1) of section 198 of the Principal Act is amended—

(a) by the substitution of the following paragraph for paragraph (a):

“(a) in relation to a National Planning Framework proposed to be published in accordance with subsection (1) of section 21 or a proposed revision under section 22 of a National Planning Framework, the Minister,”,

(b) by the insertion of the following paragraph:

“(ea) in relation to an order proposed to be made under subsection (3) of section 41 that would extend the period for which a regional spatial and economic strategy continued in force under subsection (1) of that section shall remain in force, the Minister;”,

(c) in paragraph (h), by the insertion of “(other than a deemed revocation in accordance with subsection (1) of section 77)” after “revocation”,

(d) in paragraph (i), by the insertion of “(other than a deemed revocation in accordance with subsection (1) of section 77)” after “revocation”,

(e) by the substitution of the following paragraph for paragraph (m):

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