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

“(m) in relation to an order proposed to be made under subsection (3) of section 68 that would extend the period for which a development plan continued in force under subsection (1) of that section shall remain in force, the planning authority;”,

(f) by the substitution, in paragraph (n), of “Minister,” for “Minister, and”, and

(g) by the insertion of the following paragraphs:

“(p) in relation to a resolution proposed to be adopted under subsection (2) of section 81, the planning authority concerned,

(q) in relation to an order under subsection (2) of section 590 amending an order under section 166 of the Act of 2000, the Minister,

(r) in relation to a planning scheme based on a draft planning scheme prepared under paragraph (a) of subsection (2) of section 592, the relevant development agency that prepared, or participated in the preparation of, the draft planning scheme and the relevant planning authority referred to in that paragraph,

(s) in relation to a planning scheme based on a draft planning scheme prepared under paragraph (b) of subsection (2) of section 592, the planning authority to whose functional area the planning scheme applies,

(t) in relation to the carrying out of a screening for appropriate assessment of a modification referred to in subparagraph (i) of paragraph (a) of subsection (7) of section 593, the Commission, and in relation to the carrying out of an appropriate assessment of such a modification, the planning authority to whose functional area the planning scheme applies,

(u) in relation to the carrying out of a screening for appropriate assessment of an amendment to a planning scheme under section 595, the Commission, and in relation to the carrying out of an appropriate assessment of such an amendment, the planning authority who made the request under subsection (1) of that section,

(v) in relation to a draft development scheme prepared under subsection (1) of section 606 or a modification of a draft development scheme under subsection (1) of section 610, the planning authority to whose functional area the draft development scheme concerned applies,

(w) for the purposes of the screening for appropriate assessment of a modification to a draft development scheme to which section 616 applies, the Commission, and

(x) for the purposes of the carrying out of an appropriate assessment of a modification to a draft development scheme to which section 617 applies, the planning authority to whose functional area the draft development scheme concerned applies;”.

(2) The definition of “make” in subsection (1) of section 198 of the Principal Act is amended—

(a) in paragraph (b), by the substitution of “issue,” for “issue, and”,

(b) in paragraph (c), by the substitution of “as the case may be,” for “as the case may be;”, and

“(d) in relation to an appeal under section 593, approve under subparagraph (i) of paragraph (a) of subsection (7) of that section,

(e) in relation to an application under section 595, approve under subsection (4) of that section, and

(f) in relation to an appeal under Chapter 5 of Part 22, approve under that Chapter;”.

(3) Section 198 of the Principal Act is amended, in subsection (1), by the insertion of the following definition:

“ ‘Office’ means the Office of the Planning Regulator;”.

(4) The definition of “plan”, in subsection (1) of section 198 of the Principal Act, is amended by—

(a) the insertion of the following paragraph:

“(ea) an order under subsection (3) of section 41,”,

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

“(h) an urban area plan, an amendment to an urban area plan or a revocation (other than a revocation in accordance with subsection (1) of section 77) of an urban area plan,”,

“(i) a priority area plan, an amendment to a priority area plan or a revocation (other than a revocation in accordance with subsection (1) of section 77) of a priority area plan,”,

(d) the substitution of the following paragraph for paragraph (l) of the definition of “plan”:

“(l) an extension under subsection (3) of section 68,”,

(e) by the insertion of the following paragraph:

“(ma) a resolution under subsection (2) of section 81,”,

and

(f) by the insertion of the following paragraphs:

“(p) an order under subsection (2) of section 590 amending an order under section 166 of the Act of 2000,

(q) a planning scheme, a modification to a draft planning scheme or amendment to a planning scheme under section 593, and

(r) a development scheme under section 609 or the modification of a draft development scheme under section 610;”.

81. Amendment of section 200 of Principal Act

81. Section 200 of the Principal Act is amended—

(a) in subsection (2), by the insertion of “and subsection (6) of section 207” after “section 206”,

(b) in subsection (3), by the insertion of “and subsection (6) of section 207” after “section 206”,

82. Amendment of section 201 of Principal Act

82. Section 201 of the Principal Act is amended by—

(a) the insertion of “or 22” after “Part 3”, and

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

“(b) the competent authority has carried out an appropriate assessment of the proposed plan and has made a determination under subsection (5) of section 205 that no reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site,”.

83. Amendment of section 202 of Principal Act

83. Section 202 of the Principal Act is amended—

(a) in subsection (6), by the insertion, in subparagraph (iii) of paragraph (a), of “Natura impact report” for “Natura impact report relating to the proposed modification, amendment or alteration,”,

(b) in subsection (7), by the insertion, in paragraph (b), of “, the Commission” after “regional assembly”, and

84. Amendment of section 203 of Principal Act

84. Section 203 of the Principal Act is amended, in subsection (2), by the substitution, in subparagraph (I) of paragraph (e), of “may” for “will”.

85. Amendment of section 204 of Principal Act

85. Section 204 of the Principal Act is amended—

(a) in subsection (2), by the insertion, in subparagraph (i) of paragraph (a), of “or 22, as the case may be,” after “Part 3”, and

(b) in subsection (3), by—

(i) the insertion, in paragraph (a), of “or 22” after “Part 3” in each place that it occurs,

(ii) the insertion of the following paragraphs:

“(d) Where a competent authority is required by this Part to give notice to any person of, or in relation to, any matter, neither this Part nor Part 22 shall be construed as preventing the competent authority from using that notice to comply with a requirement under Part 22 to give notice to that person of, or in relation to, any other matter.

(e) Where a competent authority is required by this Part to publish any information or material, neither this Part nor Part 22 shall be construed as preventing the competent authority from publishing with that information or material, any information or material that the competent authority is required to publish under Part 22.”.

86. Amendment of section 205 of Principal Act

86. Section 205 of the Principal Act is amended by—

(a) the insertion, in paragraph (b) of subsection (5), of “or 22, as may be appropriate” after “Part 3”,

(b) the insertion, in paragraph (b) of subsection (6), of “or 22” after “Part 3”,

(d) the insertion, in paragraph (c) of subsection (8), of “or 22, as may be appropriate” after “Part 3”.

87. Amendment of section 206 of Principal Act

87. Section 206 of the Principal Act is amended—

(a) in subsection (3), by the substitution, in paragraph (c), of “him or her” for “it”,

(b) in subsection (9), by the insertion, in paragraph (c), of “by the competent authority” after “proposed”,

(i) the insertion of “or 22” after “Part 3”, and

(ii) the insertion, in paragraph (c), of “by the competent authority” after “proposed”,

(d) by the deletion of subsection (12),

(e) in subsection (13), by—

(i) the substitution of “If a relevant plan” for “If a plan”,

(ii) the insertion, in paragraph (c), of “by the competent authority” after “proposed”, and

(iii) the substitution of “making the relevant plan” for “making the plan”,

(f) in subsection (14), by the substitution of “relevant plan” for “plan” in each place that it occurs, and

(g) in subsection (15), by the insertion of “or 22” after “Part 3”.

88. Amendment of section 207 of Principal Act

88. Section 207 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (9):

“(9A) The Minister shall notify the competent authority concerned in writing of his or her conclusion under subsection (9).”,

(b) in subsection (12), by the substitution of “relevant plan” for “plan” in each place that it occurs,

(d) in subsection (14), by the insertion of “or 22” after “Part 3”.

89. Amendment of section 208 of Principal Act

89. Section 208 of the Principal Act is amended, in subsection (1)—

(a) by the substitution of “In this Chapter” for “In this section”, and

(b) in the definition of “competent authority”, by—

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

“(f) for the purpose of carrying out a screening for appropriate assessment of relevant development in accordance with subsection (1) of section 213, the local authority concerned,”,

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

“(g) for the purpose of carrying out a screening for appropriate assessment of relevant development consisting of State authority development in accordance with subsection (2) of section 213, the State authority concerned,”,

(iii) the substitution of the following paragraph for paragraph (h):

“(h) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which a request under paragraph (a) or (b) of subsection (2) of section 10 is made, the planning authority to which the request is made,”,

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

“(i) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which an appeal under subsection (8) of section 10 is brought, the Commission,”,

and

(v) the insertion of the following paragraphs:

“(j) for the purpose of carrying out a screening for appropriate assessment in relation to an application under subsection (14) of section 10, the Commission,

(k) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which a request under paragraph (a) or (b) of subsection (15) of section 10 is made, the Commission, and

(l) for the purpose of carrying out a screening for appropriate assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140) in accordance with subsection (9) of section 213, the Commission;”.

90. Amendment of section 211 of Principal Act

90. Section 211 of the Principal Act is amended by—

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

“(a) a determination has been made under subsection (6) of section 212 (whether or not in connection with the application for that permission or an earlier application for permission) that an appropriate assessment is not required in relation to the relevant development concerned,”,

and

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

“(b) a determination has been made under subsection (5) or (11) of section 213 that an appropriate assessment is not required in relation to the relevant development concerned,”.

91. Amendment of section 212 of Principal Act

91. Section 212 of the Principal Act is amended—

(a) in subsection (1), by—

(i) the substitution of “(other than Chapter 4 local authority development within the meaning of Part 4 or Chapter 4 State authority development within such meaning)” for “(other than local authority development or State authority development)”,

(ii) the substitution, in paragraph (i), of “that European site,” for “that European site, or”,

(iii) the substitution, in paragraph (ii), of “that European site, or” for “that European site.”, and

(iv) the insertion, after paragraph (ii), of the following paragraph:

“(iii) in the case of development in respect of which an application for retrospective consent is made in circumstances where—

(I) no application for retention permission under Chapter 3 of Part 4 was made in respect of that development, or

(II) an application referred to in subparagraph (I) was made in respect of that development and a determination to which subsection (7) or (9) of section 229 was made, but no screening for appropriate assessment was carried out, in respect of that development,

the development (either individually or in combination with any plan or other project) has had, is having or is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.”,

(b) by the insertion of the following subsection:

“(5A) Subsection (5) shall not apply to an application for permission declared to be invalid in accordance with paragraph (b) of subsection (8) of section 95.”,

and

“(ii) any person who made a submission in relation to the application for permission in accordance with any provision of Part 4 or in the course of a consultation under paragraph (b) of subsection (3), and”.

92. Amendment of section 213 of Principal Act

92. Section 213 of the Principal Act is amended—

(a) in subsection (1), by the insertion of “(other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140)” after “relevant development”,

(b) in subsection (2), by—

(i) the insertion of “(other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140)” after “relevant development”,

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

“(a) consisting of—

(i) State authority prescribed development (within the meaning of Part 4),

(ii) State authority development in respect of which the Minister proposes to make an order under section 155, or

(iii) State authority urgent development within the meaning of Part 4,”,

“(ii) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned and a Natura impact statement in relation to the relevant development shall be prepared by the local authority or State authority concerned and submitted with the application.”,

(d) in subsection (7), by the substitution of “3 working days” for “3 days”,

(e) by the substitution of the following subsection for subsection (8):

“(8)

(a) Subject to paragraph (b), where the competent authority makes a determination under this section that an appropriate assessment is not required, any person may, not later than 4 weeks from the date of the publication of a notice in accordance with paragraph (c) of subsection (6), appeal that determination to the Commission.

(b) There shall be no appeal to the Commission from a determination under this section by a State authority in connection with—

(i) a proposal by the Minister to make an order under section 155, or

(ii) a proposal by the Minister concerned within the meaning of section 157 to make an order under that section.”,

(f) in subsection (10), by the substitution of the following paragraph for paragraph (ii):

“(ii) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned and a Natura impact statement in relation to the relevant development shall be prepared by the local authority or State authority concerned and submitted with the application.”,

(g) in subsection (12), by the substitution of the following paragraph for paragraph (b):

“(b) give notice of the determination (including the reasons for the determination) to—

(i) any person who appealed the determination under subsection (8), and

(ii) any person who made submissions or provided information to the competent authority during the course of a consultation under subsection (3),”,

and

(h) by the substitution of the following subsection for subsection (14):

“(14)

(a) The Minister may make regulations for the purpose of this section.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may—

(i) specify the criteria for making a determination under this section in relation to local authority housing development within the meaning of section 161,

(ii) make provision for the making of requests under this section by the competent authority or Commission for information from a local authority or State authority for the purpose of the performance by the competent authority or the Commission of its functions under this section,

(iii) specify the manner in which an appeal under subsection (8) may be brought, and

(iv) specify the period of time within which an appeal under subsection (8) shall be determined under subsection (9).

(c) Regulations to which subparagraph (iv) of paragraph (b) apply may specify different periods in respect of appeals relating to developments of different classes.”.

93. Amendment of section 214 of Principal Act

93. Section 214 of the Principal Act is amended, in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) in respect of which—

(i) a request under section 10 is made for a declaration on the question of whether or not relevant development is exempted development,

(ii) an application is made under subsection (14) of that section for a declaration as to whether or not an activity requiring the consent of the Minister comprises development that is not exempted development, or

(iii) an appeal against any such declaration is brought,

and”.

94. Amendment of section 215 of Principal Act

94. Section 215 of the Principal Act is amended—

(a) in subsection (2)—

(i) by the substitution of “, pursuant to a requirement in a notice under subsection (9) of section 212 or in accordance with subsection (4) or (10) of section 213” for “or pursuant to a requirement in a notice under subsection (9) of section 212”, and

(ii) by the substitution, in paragraph (e), of—

(I) “paragraphs (b), (c) and (d), and the statement, details and other information (if any) referred to in subsection (2) of section 218” for “paragraphs (b), (c) and (d)”,

(II) “may” for “will” in clause (I) of subparagraph (i),

(III) “may” for “will” in subclause (A) of clause (III) of subparagraph (ii), and

(IV) “may” for “will” in clause (I) of subparagraph (iii),

and

(b) in subsection (3), by the substitution of “A Natura impact statement” for “A Natura impact statement included with an application for permission for a relevant development”.

95. Amendment of section 216 of Principal Act

95. Section 216 of the Principal Act is amended—

(a) in subsection (1), by the substitution, in paragraph (c), of “Natura impact statement and any such request and explanation” for “Natura impact statement”,

(b) in subsection (2), by the insertion, in paragraph (a), of “a copy of the notice published under paragraph (d) of subsection (1) and” after “send”,

96. Amendment of section 217 of Principal Act

96. Section 217 of the Principal Act is amended—

(a) in subsection (1), by the insertion of “or subsection (4) or (10) of section 213” after “section 212”, and

(b) in subsection (5), by the substitution of “the European site” for “the site” in each place that it occurs.

97. Amendment of section 218 of Principal Act

97. Section 218 of the Principal Act is amended—

(a) in subsection (1), by the insertion of “, 213 or 214” after “section 212”,

(b) in subsection (3), by—

(i) the substitution, in paragraph (b) of—

(I) “the European site” for “the site”, and

(II) “the European site’s” for “the site’s”,

and

(ii) the substitution, in paragraph (d), of “the European site” for “the site”.

98. Amendment of section 219 of Principal Act

98. Section 219 of the Principal Act is amended—

(a) in subsection (2), by the substitution, in paragraph (b), of the following subparagraphs for subparagraphs (i) and (ii):

“(i) there is an absence of alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,

(ii) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned, and”,

(b) in subsection (4), by the deletion of “laying down a framework to accelerate the deployment of renewable energy”,

(i) the substitution, in paragraph (a), of the following subparagraphs for subparagraphs (i) and (ii):

“(i) there is an absence of alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned, and

(ii) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,”,

and

(ii) the substitution, in paragraph (b), of the following subparagraph for subparagraph (iii):

“(iii) send a copy of the revised proposal to such persons (if any) as may be prescribed, and invite each such person to make submissions, within the period referred to in clause (II) of subparagraph (ii), to the competent authority in relation to the revised proposal.”,

(d) in subsection (6), by the substitution, in paragraph (a), of the following paragraphs for paragraphs (i) and (ii):

“(i) there are alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,

(ii) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest do not exist for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned, or”,

and

(e) in subsection (7), by—

(i) the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) there is an absence of alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned, and”,

and

(ii) the substitution of the following paragraphs for paragraphs (ii) and (iii):

“(ii) the reasons for which the competent authority has concluded that there are no alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,

(iii) the imperative reasons of overriding public interest that the competent authority has concluded exist for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,”.

99. Amendment of section 221 of Principal Act

99. Section 221 of the Principal Act is amended—

(a) in subsection (2), by the substitution, in paragraph (b), of the following subparagraphs for subparagraphs (i) and (ii):

“(i) there is an absence of alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,

(ii) imperative reasons of overriding public interest—

(I) exist, or

(II) subject to the opinion of the European Commission given pursuant to a request under subsection (11), may exist,

for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned, and”,

(b) in subsection (4), by the deletion of “laying down a framework to accelerate the deployment of renewable energy”,

(i) the substitution, in paragraph (a), of the following subparagraphs for subparagraphs (i) and (ii):

“(i) there is an absence of alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned, and

(ii) imperative reasons of overriding public interest—

(I) exist, or

(II) subject to the opinion of the European Commission given pursuant to a request under subsection (11), may exist,

for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,”,

and

(ii) the substitution, in paragraph (b), of the following subparagraph for subparagraph (iii):

“(iii) send a copy of the revised proposal to such persons (if any) as may be prescribed, and invite each such person to make submissions, within the period referred to in clause (II) of subparagraph (ii), to the competent authority in relation to the revised proposal.”,

(d) in subsection (6), by the substitution, in paragraph (a), of the following subparagraphs for subparagraphs (i) and (ii):

“(i) there are alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,

(ii) imperative reasons of overriding public interest do not exist for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned, or”,

(e) in subsection (7), by—

(i) the substitution of the following paragraphs for paragraphs (a) and (b):

“(a) there is an absence of alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,

(b) imperative reasons of overriding public interest—

(i) exist, or

(ii) subject to the opinion of the European Commission given pursuant to a request under subsection (11), may exist,

for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned, and”,

(ii) the substitution of the following paragraphs for paragraphs (ii) and (iii):

“(ii) specifying the reasons for which the competent authority has concluded that there are no alternative solutions to the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,

(iii) specifying the imperative reasons of overriding public interest that the competent authority has concluded—

(I) exist, or

(II) subject to the opinion of the European Commission given pursuant to a request under subsection (11), may exist,

for the carrying out of the development concerned or, in the case of development already carried out, the retention of the development concerned,”,

and

(iii) in paragraph (iv), by the insertion of “(subject to the opinion of the European Commission given pursuant to a request under subsection (11))” after “may”.

100. Amendment of section 223 of Principal Act

100. The definition of “competent authority” in subsection (1) of section 223 of the Principal Act is amended—

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

“(f) for the purpose of carrying out a screening for environmental impact assessment in accordance with paragraph (a) of subsection (1) of section 230, the local authority concerned,”,

(b) by the substitution of the following paragraph for paragraph (g):

“(g) for the purpose of carrying out a screening for environmental impact assessment in accordance with paragraph (b) of subsection (1) of section 230, the State authority concerned,”,

“(h) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which a request under paragraph (a) or (b) of subsection (2) of section 10 is made, the planning authority to which the request is made”,

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

“(i) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which an appeal under subsection (8) of section 10 is brought, the Commission,”,

and

(e) by the insertion of the following paragraphs:

“(j) for the purpose of carrying out a screening for environmental impact assessment in relation to an application under subsection (14) of section 10, the Commission,

(k) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which a request under subsection (15) of section 10 is made, the Commission, and

(l) for the purpose of carrying out a screening for environmental impact assessment in accordance with section 230 of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140), where an appeal under subsection (9) of section 230 is made, the Commission;”.

101. Amendment of section 225 of Principal Act

101. Section 225 of the Principal Act is amended—

(a) in subsection (2), by—

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

“(d) Paragraph (c) shall apply, in relation to—

(i) the performance by a local authority or State authority of its functions as competent authority under subparagraph (i) of that paragraph, and

(ii) the performance by the Commission, on an appeal under section 230, of its functions under the said subparagraph (i),

as if—
- (I) the words ‘then, before the competent authority makes a decision under Chapter 3, 4 or 5 of Part 4 in relation to an application for permission for that relevant development,’ were deleted, and

- (II) subparagraph (ii) were deleted.”,

(ii) the deletion, in paragraph (e), of “including”,

(iii) the insertion of the following paragraph:

“(g) The Minister may prescribe the period of time within which a screening determination shall be made in accordance with paragraph (c), and different periods may be so prescribed in respect of different classes of development.”,

(b) in subsection (3), by the insertion of the following paragraph:

“(d) The Minister may prescribe the period of time within which a screening determination shall be made in accordance with paragraph (b), and different periods may be so prescribed in respect of different classes of development.”,

(i) by the substitution, in paragraph (a), of “State authority development (within the meaning of section 230)” for “State authority development”, and

(ii) by the substitution of the following paragraph for paragraph (c):

“(c) Paragraph (b) of subsection (3) shall apply, in relation to—

(i) the performance by a local authority or State authority of its functions as competent authority under subparagraph (i) or (ii) of that paragraph, and

(ii) the carrying out of—

(I) an examination in accordance with subparagraph (i) of that paragraph by the Commission on appeal under this subsection, or

(II) a screening for environmental impact assessment in accordance with subparagraph (ii) of that paragraph by the Commission, on an appeal under section 230,

as if—

(A) the words ‘then, before the competent authority makes a decision under Chapter 3, 4 or 5 of Part 4 in relation to an application for permission for that relevant development,’ were deleted, and

(B) subparagraph (iii) were deleted.”.

102. Amendment of section 229 of Principal Act

102. Section 229 of the Principal Act is amended—

(a) in subsection (1), by—

(i) the substitution, in paragraph (i), of “the proposed development (either of itself or cumulatively with any other project) is likely to have significant effects on the environment,” for “the proposed development is likely to have significant effects on the environment, or”,

(ii) the substitution, in paragraph (ii), of “the development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, or” for “the development has had, is having or is likely to have significant effects on the environment.”, and

(iii) the insertion, after paragraph (ii), of the following paragraph:

“(iii) in the case of development in respect of which an application for retrospective consent is made in circumstances where—

(I) no application for retention permission under Chapter 3 of Part 4 was made in respect of that development, or

(II) an application referred to in subparagraph (I) was made in respect of that development and a determination to which subsection (5) or (7) of section 212 was made, but no screening for environmental impact assessment was carried out, in respect of that development,

the development (either individually or in combination with any other project) has had, is having or is likely to have significant effects on the environment.”,

(b) in subsection (3), by—

(i) the substitution of the following for paragraph (d)—

“(d) a description of the aspects of the environment that—

(i) have been,

(ii) are being, or

(iii) are likely to be,

significantly affected by the relevant development (whether of itself or cumulatively with any other project) including any part of the relevant development already carried out,”,

and

(ii) the insertion, in paragraph (e), of “retention or” after “attributable to the”,

“(6) The competent authority shall, for the purposes of determining whether or not a relevant development (either of itself or cumulatively with any other project)—

(a) has had,

(b) is having, or

(c) is likely to have,

significant effects on the environment, assess the nature and location or proposed location of the relevant development concerned and the nature of its potential impact on the environment, having regard to—
- (i) the information provided to the competent authority in accordance with subsection (3), and

- (ii) the criteria prescribed under either—

    - (I) paragraph (f) of subsection (2) of section 225, or

    - (II) paragraph (c) of subsection (3) of section 225,

      as may be applicable.”,

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

“(7)

(a) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project)—

(i) has had,

(ii) is having, or

(iii) is likely to have,

significant effects on the environment, the competent authority shall, before determining any application for permission for that development but subject to subsection (6) of section 225, carry out an environmental impact assessment of the relevant development in accordance with section 236.

(b) Paragraph (a) shall not apply to an application for permission declared to be invalid in accordance with paragraph (c) of subsection (8) of section 95.”,

and

(e) by the insertion of the following subsection:

“(16) A screening for environmental impact assessment under this section shall be completed not later than the date of the expiration of such period as may be prescribed.”.

103. Amendment of section 230 of Principal Act

103. Section 230 of the Principal Act is amended—

(a) in subsection (1), by—

(i) the insertion, in paragraph (a), of “(other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140)” after “relevant development”, and

(ii) the insertion, in paragraph (b), of “(other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140)” after “relevant development”,

(b) in subsection (2), by the insertion, in paragraph (d), of “retention or” after “attributable to the”,

“(4) The competent authority shall, for the purposes of determining whether or not a relevant development (either of itself or cumulatively with any other project)—

(a) has had,

(b) is having, or

(c) is likely to have,

significant effects on the environment, assess the nature and location or proposed location of the relevant development concerned and the nature of its potential impact on the environment, having regard to—
- (i) the information provided to the competent authority in accordance with subsection (3), and

- (ii) the criteria prescribed under either—

    - (I) paragraph (f) of subsection (2) of section 225, or

    - (II) paragraph (c) of subsection (3) of section 225,

      as may be applicable.”,

(d) in subsection (5), by the substitution of the following paragraph for paragraph (b):

“(b) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned, and an environmental impact assessment report in relation to the relevant development shall be prepared by the local authority or State authority concerned and submitted by it with the application.”,

(e) in subsection (8), by the substitution of “3 working days” for “3 days”,

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

“(9)

(a) Subject to paragraph (b), where the competent authority makes a determination under this section that an environmental impact assessment is not required, any person may, not later than 4 weeks from the date of the publication of a notice in accordance with paragraph (c) of subsection (7), appeal that determination to the Commission.

(b) There shall be no appeal to the Commission from a determination of the competent authority in relation to—

(i) Chapter 4 State authority emergency development within the meaning of Part 4,

(ii) Chapter 6 State authority emergency development within the meaning of that Part, or

(iii) State authority urgent development within the meaning of that Part.”,

(g) in subsection (11), by the substitution of the following paragraph for paragraph (b):

“(b) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned, and an environmental impact assessment report in relation to the relevant development shall be prepared by the local authority or State authority concerned and be submitted by it with the application.”,

(h) in subsection (13), by the substitution of the following paragraph for paragraph (b):

“(b) give notice of the determination (including the reasons for the determination) to any person who—

(i) made submissions or provided information to the competent authority during the course of a consultation under subsection (3), or

(ii) appealed the determination in accordance with subsection (9),”,

(i) by the insertion of the following subsection:

“(14A) Notwithstanding a determination under subsection (6) or (12), the Commission may, at any time following the making of an application for permission for Chapter 4 local authority development within the meaning of Part 4 or Chapter 4 State authority development within such meaning, determine that the carrying out of an environmental impact assessment of the relevant development concerned in accordance with section 236 is required before the Commission determines the application, but only where the Commission has formed the view that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.”,

(j) by the substitution of the following subsection for subsection (15)—

“(15)

(a) The Minister may make regulations for the purpose of this section.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may—

(i) specify the criteria for making a determination under this section in relation to local authority housing development within the meaning of section 161,

(ii) make provision for the making of requests under this section by the competent authority or Commission for information from a local authority or State authority for the purpose of the performance by the competent authority or the Commission of its functions under this section,

(iii) specify the manner in which an appeal under subsection (9) may be brought, and

(iv) specify the period of time within which an appeal under subsection (9) shall be determined under subsection (10).

(c) Regulations to which subparagraph (iv) of paragraph (b) apply may specify different periods in respect of appeals relating to developments of different classes.”,

(k) by the insertion of the following subsection:

“(16) A screening for environmental impact assessment under this section shall be completed not later than the date of the expiration of such period as may be prescribed.”,

and

(l) by the insertion of the following subsection:

“(17) In this section ‘State authority development’ means—

(a) State authority prescribed development (within the meaning of Part 4), or

(b) State authority development in respect of which the Minister proposes to make an order under section 155 or 157.”.

104. Amendment of section 231 of Principal Act

104. Section 231 of the Principal Act is amended by the insertion of the following subsection:

“(8) A screening for environmental impact assessment under this section shall be completed not later than the date of the expiration of such period as may be prescribed.”.

105. Amendment of section 232 of Principal Act

105. Section 232 of the Principal Act is amended by the insertion of the following subsection:

“(7) A screening for environmental impact assessment under this section shall be completed not later than the date of the expiration of such period as may be prescribed.”.

106. Amendment of section 233 of Principal Act

106. Section 233 of the Principal Act is amended—

(a) in subsection (7), by the insertion of “prepared and submitted under section 234” after “environmental impact assessment report”, and

(b) by the insertion of the following subsection:

“(9) A scoping opinion shall be given to the person who made the request for such opinion under subsection (1) not later than the date of the expiration of such period as may be prescribed.”.

107. Amendment of section 234 of Principal Act

107. Section 234 of the Principal Act is amended—

(a) in subsection (2), by the substitution of the following paragraph for paragraph (b):

“(b) contain such information as may be prescribed, and”,

(b) in subsection (3), by—

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

“(g) that the environmental impact assessment report and other documentation submitted by the applicant to the competent authority in connection with the application—

(i) will be available for inspection (free of charge) by members of the public at the offices of the competent authority during normal office hours, and

(ii) will be published on an internet website maintained by or on behalf of the competent authority, and”,

and

(ii) the deletion of paragraph (h),

and

108. Amendment of section 235 of Principal Act

108. Section 235 of the Principal Act is amended, in paragraph (c) of subsection (1), by the substitution of the following subparagraph for subparagraph (iii):

“(iii) specifying the period (which shall not be less than the period specified in the notice under paragraph (i) of subsection (3) of section 234) during which, and the manner in which, such submissions shall be made.”.

109. Amendment of section 236 of Principal Act

109. Section 236 of the Principal Act is amended—

(a) in subsection (1), by the substitution, in paragraph (b), of “subsection (5) or (11) of section 230” for “230”,

(b) in subsection (6), by the substitution of “any, or any likely,” for “any likely” in each place that it occurs, and

(c) in subsection (8), by the insertion of “, not later than the date of the expiration of such period as may be prescribed” after “A competent authority shall”.

110. Amendment of section 237 of Principal Act

110. Section 237 of the Principal Act is amended, in subsection (1), by the substitution of “section 229, 230 or 232” for “section 229”.

111. Amendment of section 238 of Principal Act

111. Section 238 of the Principal Act is amended, in paragraph (f) of subsection (5), by—

(a) the deletion of “by the Minister”, and

(b) the deletion of “received”.

112. Amendment of section 239 of Principal Act

112. Section 239 of the Principal Act is amended by the substitution of the following subsection for subsection (2):

“(2) Notwithstanding subsection (1), where a competent authority carries out an appropriate assessment and an environmental impact assessment jointly in accordance with that subsection, it shall ensure that—

(a) its determination in relation to the appropriate assessment and the reasons therefor, and

(b) its reasoned conclusion in relation to the environmental impact assessment,

are separately stated and clearly distinguishable.”.

Chapter 7 Amendment of Part 7

113. Amendment of section 251 of Principal Act

113. Section 251 of the Principal Act is amended—

(a) in subsection (1)—

(i) in paragraph (c), by the substitution of “land.” for “land;”, and

(ii) by the deletion of paragraph (d),

and

(b) in subsection (3), by the substitution of “type of houses” for “type of sites and houses”.

114. Amendment of section 252 of Principal Act

114. Section 252 of the Principal Act is amended—

(a) in subsection (2), by the substitution of “land” for “land or sites”, in both places where it occurs,

(b) in subsection (5)—

(i) by the substitution of “land or a house” for “land, a site or a house”,

(ii) in paragraph (a)—

(I) by the substitution of “land or house” for “land, site or house”, and

(II) by the substitution of the following subparagraph for subparagraph (i):

“(i) in the case of land without a house, the market value of the land,”,

and

(iii) in paragraph (b), by the substitution of “land or house” for “land, site or house”,

and

“(6) Any amount referred to in subsection (5) shall be accounted for in a separate account and shall only be applied as capital for the functions of the planning authority in relation to the provision of housing under the Housing Acts 1966 to 2024.”.

Chapter 8 Amendment of Part 9

115. Application of Chapter 1 to certain decisions or acts under Act of 2000

115. The Principal Act is amended by the insertion of the following section after section 303:

“303A. (1) Subject to subsection (2), Chapter 1 shall apply to—

(a) any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, and
(b) any alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a),

as it applies to a decision made or act done in the performance, or purported performance, of a function by a relevant body under this Act, or the alleged failure by a relevant body to perform such a function.

(2) Chapter 1 shall apply and have effect, in accordance with subsection (1)—
- (a) as if, in subsection (1) of section 279, the following paragraph were substituted for paragraph (a):
‘(a) questions the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or questions the alleged failure of an Act of 2000 body to perform such a function, and’,
- (b) as if, in subsection (2) of section 279, the following paragraphs were substituted for paragraphs (a) and (b):
‘(a) question the validity of any decision made or act done in the performance, or purported performance, of a function under the Act of 2000 by an Act of 2000 body in respect of an Act of 2000 procedure, or
- (b) question the alleged failure of an Act of 2000 body to perform a function referred to in paragraph (a),’,
and
- (c) subject to the following and any other necessary modifications:
  - (i) references in that Chapter to a relevant body shall be construed as references to an Act of 2000 body;
  - (ii) references in that Chapter to Part 9 judicial review shall be construed in accordance with section 279 as modified by paragraphs (a) and (b);
  - (iii) references in that Chapter to this Act shall be construed as including the Act of 2000.
(3) Proceedings commenced under Chapter 1 as it applies in accordance with this section shall not be considered to be Part 9 judicial review proceedings for the purposes of Chapter 2.
(4) In this section—

‘Act of 2000 body’ means a planning authority (within the meaning of the Act of 2000), a local authority (within the meaning of the Act of 2000), the Commission, or the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019);

‘Act of 2000 procedure’ means a procedure under the Act of 2000 (including as that Act continues to apply and have effect in accordance with this Act following the repeal of any provision of it under section 6) that is initiated on or after the operative date by—

- (a) a request for a declaration made under subsection (1) of section 5 of the Act of 2000, or an application for a determination made under subsection (8) of that section,

- (b) a notice in relation to the amendment of a local area plan sent or published (whichever occurs first in the particular case) under subsection (3) of section 20 of the Act of 2000, in so far as such a plan continues in force in accordance with section 81,

- (c) a request made under subsection (1) or (6) of section 32B of the Act of 2000,

- (d) an application for permission (within the meaning of section 2 of the Act of 2000) made under Part III of the Act of 2000,

- (e) an appeal brought under section 37 of the Act of 2000 against a decision of a planning authority made under section 34 of that Act in respect of an application for permission referred to in paragraph (d) made on or after the operative date,

- (f) an application made under section 42 of the Act of 2000,

- (g) a notice served under section 44 or 46 of the Act of 2000 and an appeal brought under that section 44 or 46 where the appeal concerns such a notice that is served on or after the operative date,

- (h) a request served under section 45 of the Act of 2000, or an appeal brought under that section concerning an acquisition notice (within the meaning of that section) where the acquisition notice is published on or after the operative date,

- (i) a notice published under subsection (4) of section 48 of the Act of 2000 (including, in accordance with subsection (3) of section 49 of that Act, for the purposes of a supplementary development contribution scheme under that section 49),

- (j) a notice served or published (whichever occurs first in the particular case) under subsection (1) of section 55 of the Act of 2000,

- (k) a request made under subsection (2) of section 57 of the Act of 2000, and a referral, under subsection (8) of that section, of a declaration or a declaration reviewed (within the meaning of that section) where the request for the declaration concerned is made on or after the operative date,

- (l) a notice served under subsection (1) of section 59 of the Act of 2000,

- (m) a notice served under subsection (2) of section 60 of the Act of 2000,

- (n) a notice published or served (whichever occurs first in the particular case) under section 72 of the Act of 2000 (including, in accordance with subsection (3) of section 83 of that Act, a notice published or served for the purposes of that section 83),

- (o) a notice sent or published (whichever occurs first in the particular case) under subsection (2) of section 85 of the Act of 2000 (including, in accordance with subsection (2) of section 86 of that Act, a notice sent or published for the purposes of that section 86),

- (p) a notice given under subsection (3) of section 86 of the Act of 2000,

- (q) a request for a declaration made under subsection (3) of section 87 of the Act of 2000,

- (r) a notice served under subsection (1) of section 88 of the Act of 2000, or an appeal brought under subsection (5) of that section concerning such a notice where the notice is served on or after the operative date,

- (s) a referral made under subsection (5) of section 96 of the Act of 2000,

- (t) an application made under subsection (3) of section 97 of the Act of 2000, and an application made under subsection (16) of that section concerning a certificate where the certificate is granted on or after the operative date,

- (u) a request made under subsection (1) of section 146B of the Act of 2000,

- (v) a warning letter issued under section 152 of the Act of 2000, and an enforcement notice served under section 154 or 155 where the warning letter concerned was issued on or after the operative date,

- (w) an enforcement notice served in accordance with section 155 of the Act of 2000 where a warning letter was not issued under section 152 of that Act,

- (x) a draft planning scheme submitted under paragraph (a) of subsection (1) of section 168 of the Act of 2000 or prepared under paragraph (b) of subsection (1) of that section, or an appeal brought under subsection (6) of section 169 in respect of a draft planning scheme that is submitted or prepared on or after the operative date,

- (y) an application made under subsection (1) of section 170A of the Act of 2000,

- (z) a revocation made under section 171 of the Act of 2000,

- (aa) a notice published or sent (whichever occurs first in the particular case) under subsection (4) of section 175 of the Act of 2000 for the purpose of the making of an application under subsection (3) of that section,

- (ab) an application made under section 176A of the Act of 2000 (including an application made under that section in so far as it applies to development referred to in Chapter III of Part XXI of the Act of 2000 in accordance with section 289 of that Act) or a determination review or an application referral made under section 176C of the Act of 2000 in relation to such an application where the application is made on or after the operative date,

- (ac) an application for substitute consent (within the meaning of section 2 of the Act of 2000) made under section 177E of that Act,

- (ad) a notice published or sent (whichever occurs first in the particular case) under subsection (4) of section 177AE of the Act of 2000 for the purpose of the making of an application under subsection (3) of that section,

- (ae) a notice published in accordance with regulations made under paragraph (a) of subsection (2) of section 179 of the Act of 2000,

- (af) a request made under subsection (1), (2) or (2A) of section 180 of the Act of 2000,

- (ag) a notice published in accordance with regulations made under subparagraph (i) of paragraph (b) of subsection (1) of section 181 of the Act of 2000,

- (ah) an application made under subsection (1) of section 182A of the Act of 2000,

- (ai) an application made under subsection (1) of section 182C of the Act of 2000,

- (aj) a claim for compensation made under Part XII of the Act of 2000,

- (ak) an order made, amended or revoked under section 202 of the Act of 2000,

- (al) a notice served or published (whichever occurs first in the particular case) under subsection (3) or (7) of section 205 of the Act of 2000,

- (am) a notice served or published (whichever occurs first in the particular case) under subsection (2) of section 207 of the Act of 2000, or an appeal brought under subsection (5) of that section concerning such a notice where the notice is served on or after the operative date,

- (an) a notice served under subsection (1) or (2) of section 209 of the Act of 2000,

- (ao) an application made under section 254 of the Act of 2000, or an appeal brought under subsection (6) of that section concerning an application where the application is made on or after the operative date,

- (ap) an application made under section 291 of the Act of 2000, or

- (aq) a request made under subsection (1) of section 297 of the Act of 2000;

  ‘operative date’ means the date of the coming into operation of *section 115* of the *Planning and Development (Amendment) Act 2026*.”.

Chapter 9 Amendment of Part 10

116. Amendment of section 335 of Principal Act

116. Section 335 of the Principal Act is amended, in paragraph (b) of subsection (3), by the substitution of “any urban area plan, priority area plan, coordinated area plan” for “any area plan made under this Act,”.

Chapter 10 Amendment of Part 12

117. Amendment of section 358 of Principal Act

117. Section 358 of the Principal Act is amended—

(a) in the definition of “appeal”—

(i) in paragraph (p), by the deletion of “and”,

(ii) in paragraph (q), by the substitution of “,” for “;”, and

(iii) by the addition of the following paragraphs after paragraph (q):

“(r) subsection (6) of section 593, and

(s) section 613;”,

(b) in the definition of “party”—

(i) in paragraph (a)—

(I) in subparagraph (ix), by the substitution of “,” for “, and”, and

(II) by the addition of the following subparagraphs after subparagraph (x):

“(xi) under subsection (6) of section 593, where the development agency (within the meaning of section 589) is not the person who made the appeal, the development agency, and

(xii) under section 613, the development agency (within the meaning of section 596),”,

and

(ii) in paragraph (c)—

(I) in subparagraph (v), by the substitution of “subsection (5) of section 266,” for “subsection (5) of section 266, and”,

(II) in subparagraph (vi), by the substitution of “section 438 was made, and” for “section 438 was made,”, and

(III) by the addition of the following subparagraph after subparagraph (vi):

“(vii) under subsection (2) of section 460, the planning authority in whose functional area the structure the subject of the referral is situated and the person by whom or on whose behalf the application for permission for the erection of the new structure referred to in paragraph (a) of subsection (1) of section 460 was made,”,

and

(i) in paragraph (e), by the deletion of “and”,

(ii) in paragraph (f), by the substitution of “, and” for “;”, and

(iii) by the addition of the following paragraph after paragraph (f):

“(g) subsection (2) of section 460;”.

118. Amendment of section 371 of Principal Act

118. Section 371 of the Principal Act is amended, in subsection (1), by the substitution of “, subsection (2) of section 438 or subsection (2) of section 460,” for “or subsection (2) of section 438,”.

119. Amendment of section 380 of Principal Act

119. Section 380 of the Principal Act is amended, in paragraph (b) of subsection (1), by the substitution of “strategic, economic” for “strategic economic”.

Chapter 11 Amendment of Part 15

120. Amendment of section 470 of Principal Act

120. Section 470 of the Principal Act is amended, in subsection (1), by the substitution of “Maritime Area Regulatory Authority” for “Maritime Area Planning Authority”.

Chapter 12 Amendment of Part 16

121. Amendment of section 480 of Principal Act

121. Section 480 of the Principal Act is amended—

(a) in subsection (2), by the substitution of “subsection (1)” for “this section”, and

(b) by the addition of the following subsections after subsection (2):

“(3) A code of practice issued under section 232 of the Act of 2000 (including a code of practice deemed to be such a code of practice in accordance with subsection (2) of section 268 of that Act) that was in force immediately prior to the coming into operation of the repeal of section 232 of the Act of 2000 by section 6 shall be deemed to be a code of practice issued under subsection (1) until it is revoked by the Minister or the Minister of the Government who issued it.

(4) Where a provision of a code of practice issued under subsection (1) conflicts with a code of practice deemed, under subsection (3), to be a code of practice issued under subsection (1), the provision of the first mentioned code of practice issued under subsection (1) shall take precedence.”.

Chapter 13 Amendment of Part 17

122. Amendment of section 500 of Principal Act

122. Section 500 of the Principal Act is amended, in subsection (1), by the substitution of “referred to as the” for “referred to as as the”.

123. Amendment of section 522 of Principal Act

123. Section 522 of the Principal Act is amended, in paragraph (c) of subsection (1), by the substitution of “subsection (7) of section 419 and subsection (7) of section 432,” for “and subsection (7) of section 419,”.

Chapter 14 Amendment of Part 18

124. Amendment of section 545 of Principal Act

124. Section 545 of the Principal Act is amended, in subsection (2), by the insertion of “where the members of the Advisory Board have been appointed in accordance with section 543,” after “Without prejudice to the generality of subsection (1),”.

125. Amendment of section 546 of Principal Act

125. Section 546 of the Principal Act is amended, in paragraph (c) of subsection (1), by the substitution of “Policies” for “Polices”.

126. Amendment of section 548 of Principal Act

126. Section 548 of the Principal Act is amended by the substitution of “Policies” for “Polices” in both places where it occurs.

127. Amendment of section 569 of Principal Act

127. Section 569 of the Principal Act is amended, in subparagraph (i) of paragraph (h) of subsection (4), by the substitution of “Policies” for “Polices”.

Chapter 15 Amendment of Part 20

128. Amendment of section 584 of Principal Act

128. Section 584 of the Principal Act is amended, in subsection (9)—

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

“(a) A grant of permission may include conditions requiring the payment of the following:

(i) a contribution in accordance with a scheme;

(ii) a special contribution referred to in subsection (10).”,

and

(b) in paragraph (b), by the substitution of “subparagraph (i) of paragraph (a)” for “paragraph (a)”.

129. Amendment of section 588 of Principal Act

129. Section 588 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the substitution of “A submission under Chapter 3, 4 or 5 of Part 4, Part 5 or Chapter 3 or 4 of Part 6” for “A submission or observation under Part 4 or 6”, and

(ii) by the deletion of “or observation” in the second and third places where it occurs,

(b) in paragraph (a) of subsection (4)—

(i) by the substitution of “a submission under Chapter 3, 4 or 5 of Part 4, Part 5 or Chapter 3 or 4 of Part 6” for “a submission or observation under Part 4 or 6”, and

(ii) by the deletion of “or observation” in the second place where it occurs,

and

“(7) This section shall not apply to—

(a) the Maritime Area Regulatory Authority,

(b) a planning authority or coastal planning authority,

(c) a Minister of the Government or a public body in relation to which functions are conferred on a Minister of the Government,

(d) a body that is given, or is entitled to be given, notice of a planning application or appeal to which this section relates in accordance with regulations made under this Act,

(e) a Transboundary Convention state,

(f) the Commissioners,

(g) the Commission for Regulation of Utilities, or

(h) such other bodies as may be prescribed for the purposes of this section.”.

Chapter 16 Amendment of Part 21

130. Amendment of section 590 of Principal Act

130. Section 590 of the Principal Act is amended, in subsection (2), by the substitution of “may, by order, revoke or amend” for “may revoke or amend”.

Chapter 17 Amendment of Part 22

131. Amendment of section 607 of Principal Act

131. Section 607 of the Principal Act is amended—

(a) in subsection (2), by the substitution of the following paragraph for paragraph (b):

“(b) publish, in at least one newspaper circulating in the functional area of the planning authority and on its website, notice of:

(i) the draft development scheme,

(ii) the determinations under paragraphs (a) and (b) of subsection (1), and

(iii) any report prepared under paragraph (c) of subsection (1).”,

(b) in paragraph (a) of subsection (3), by the insertion of “, the determinations under paragraphs (a) and (b) of subsection (1), including the reasons therefor” after “draft development scheme”,

“(5A) After the receipt of written submissions or observations under paragraph (b) of subsection (3) and before finalisation of the report referred to in subsection (6), the planning authority shall carry out, in accordance with the Strategic Environmental Assessment Regulations or Part 6, any strategic environmental assessment or appropriate assessment which is required in accordance with subsection (1).”,

and

(d) in subsection (7)—

(i) in paragraph (b), by the substitution of “received,” for “received, and”,

(ii) in paragraph (c), by the substitution of “Minister of the Government, and” for “Minister of the Government.”, and

(iii) by the addition of the following paragraph after paragraph (c):

“(d) include any assessment carried out by the planning authority referred to in subsection (5A).”.

132. Amendment of section 609 of Principal Act

132. Section 609 of the Principal Act is amended—

(a) in paragraph (b) of subsection (2), by the substitution of “subsection (12) of section 63” for “subsection (11) of section 63 of its decision not to issue a draft direction”,

(b) in subsection (3)—

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