planning and development (amendment) act 2010extwprlegs1.fao.org/docs/pdf/ire103785.pdf ·...

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Number 30 of 2010

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PLANNING AND DEVELOPMENT (AMENDMENT) ACT2010

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ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and com-mencement.

2. Definitions.

PART 2

Amendment of Principal Act

3. Legal acts of the European Union given effect to by this Act.

4. Amendment of section 2 of Principal Act.












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[No. 30.] [2010.]Planning and Development(Amendment) Act 2010.


17. Report of regional authority for preparation of draftdevelopment plan.

18. Role of regional authority in making of development plan.

19. Role of regional authority in variation of development plan.


21. Ministerial directions regarding development plans, variationof development plans and local area plans.

22. Amendment of section 31A of Principal Act.




26. Amendment of section 37H of Principal Act.


28. Power to extend appropriate period.





33. Costs in environmental matters.













[2010.] [No. 30.]Planning and Development(Amendment) Act 2010.








53. Interpretation.




57. Amendment of Part X of Principal Act.




61. Amendment of section 181B of Principal Act.

62. Amendment of section 181C of Principal Act.


64. Amendment of section 182B of Principal Act.

65. Amendment of section 182C of Principal Act.

66. Amendment of section 182D of Principal Act.






72. Calculation of appropriate period and other time limitsover holidays.



75. Further matters in relation to control of quarries.


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77. Amendment of First Schedule to Principal Act.

78. Amendment of Seventh Schedule to Principal Act.

PART 3

Amendment of certain Acts

79. Amendment of Environmental Protection Agency Act 1992.

80. Amendment of Waste Management Act 1996.

81. Direction of payment of costs by Board.

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Acts Referred to

Civil Service Regulation Acts 1956 to 2005

Dublin Docklands Development Act 1997 1997, No. 7

Dublin Transport Authority Act 2008 2008, No. 15

Electricity Regulation Act 1999 1999, No. 23

Environmental Protection Agency Act 1992 1992, No. 7

European Communities Act 1972 1972, No. 27

European Communities Act 2007 2007, No. 18

Housing (Miscellaneous Provisions) Act 2009 2009, No. 22

Local Government (Planning and Development) Act 1963 1963, No. 28

National Asset Management Agency Act 2009 2009, No. 34

Nursing Homes Support Scheme Act 2009 2009, No. 15

Planning and Development (Amendment) Act 2002 2002, No. 32

Planning and Development (Strategic Infrastructure) Act2006 2006, No. 27

Planning and Development Act 2000 2000, No. 30

Planning and Development Acts 2000 to 2009

Protection of the Environment Act 2003 2003, No. 27

Roads Act 1993 1993, No. 14

Roads Acts 1993 to 2007

Transport (Railway Infrastructure) Act 2001 2001, No. 55

Waste Management Act 1996 1996, No. 10

Water Services Act 2007 2007, No. 30

Wildlife (Amendment) Act 2000 2000, No. 38

Wildlife Act 1976 1976, No. 39

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Number 30 of 2010

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PLANNING AND DEVELOPMENT (AMENDMENT) ACT2010

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AN ACT TO AMEND AND EXTEND THE PLANNING ANDDEVELOPMENT ACT 2000, TO AMEND THE TRANS-PORT (RAILWAY INFRASTRUCTURE) ACT 2001, ANDTO PROVIDE FOR RELATED MATTERS.

[26th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

1.—(1) This Act may be cited as the Planning and Development(Amendment) Act 2010.

(2) The Planning and Development Acts 2000 to 2009 and thisAct (other than Part 3) may be cited together as the Planning andDevelopment Acts 2000 to 2010 and shall be read together as one.

(3) This Act shall come into operation on such day or days as theMinister may appoint by order or orders either generally or withreference to any particular purpose or provision and different daysmay be so appointed for different purposes and different provisions.

2.—In this Act—

“Act of 2001” means the Transport (Railway Infrastructure) Act2001;

“Act of 2002” means the Planning and Development (Amendment)Act 2002;

“Act of 2006” means the Planning and Development (StrategicInfrastructure) Act 2006;

“Act of 2008” means the Dublin Transport Authority Act 2008;

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Short title,collective citation,construction andcommencement.

Definitions.

Pt.1 S.2

Legal acts of theEuropean Uniongiven effect to bythis Act.

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“Minister” means the Minister for the Environment, Heritage andLocal Government;

“Principal Act” means the Planning and Development Act 2000.

PART 2

Amendment of Principal Act

3.—The Principal Act is amended by the insertion of the followingnew section after section 1:

“1A.—Effect or further effect, as the case may be, is given bythis Act to an act specified in the Table to this section, adoptedby an institution of the European Union or, where appropriate,to part of such an act.

TABLE

Council Directive 75/440 EEC of 16 June 19751 con-cerning the quality required of surface water intendedfor the abstraction of drinking water in the MemberStates

Council Directive 79/409/EEC of 2 April 19792 on theconservation of wild birds

Environmental Impact Assessment Directive

Council Directive 91/271/EEC of 21 May 19913 con-cerning urban waste-water treatment

Habitats Directive

Major Accidents Directive

Directive 2000/60/EC of the European Parliament andof the Council of 23 October 20004 establishing aframework for Community action in the field ofwater policy

Directive 2001/42/EC of the European Parliament andof the Council of 27 June 20015 on the assessment ofthe effects of certain plans and programmes on theenvironment

Directive 2003/4/EC of the European Parliament andof the Council of 28 January 20036 on public accessto environmental information and repealing CouncilDirective 90/313/EC

Directive 2003/35/EC of the European Parliament andof the Council of 26 May 20037 providing for publicparticipation in respect of the drawing up of certain

1O.J. No. L194, 25.7.1975 p. 26-312O.J. No. L103, 25.4.1979 p. 1-183O.J. No. L135, 30.5.1991 p. 40-524O.J. No. L327, 22.12.2000 p. 15O.J. No. L197, 21.7.2001 p. 306O.J. No. L41, 14.2.2003 p. 267O.J. No. L156, 25.6.2003 p. 17


plans and programmes relating to the environmentand amending with regard to public participation andaccess to justice Council Directives 85/337/EEC and96/61/EC

Directive 2006/11/EC of the European Parliament andof the Council of 15 February 20068 on pollutioncaused by certain dangerous substances dischargedinto the aquatic environment of the Community

Birds Directive”.

4.—Section 2(1) of the Principal Act is amended—

(a) by the deletion of the definition of “Council Directive”;

(b) by the substitution of—

(i) the following for the definition of “the BirdsDirective”:

“ ‘Birds Directive’ means Directive 2009/147/EC9 ofthe European Parliament and of the Council of 30November 2009 on the conservation of wild birds;”,

(ii) the following for the definition of “European Site”:

“ ‘European site’ has the meaning given to it bysection 177R of Part XAB;”,

(iii) the following for the definition of “HabitatsDirective”:

“ ‘Habitats Directive’ means Council Directive92/43/EEC10 of 21 May 1992 on the conservation ofnatural habitats and of wild fauna and flora, amendedby Corrigendum to Council Directive 92/43/EEC11 of21 May 1992 on the conservation of natural habitatsand of wild fauna and flora amended by Act concern-ing the conditions of accession of the Kingdom ofNorway, the Republic of Austria, the Republic ofFinland and the Kingdom of Sweden and the adjust-ments to the Treaties on which the European Union isfounded12; Council Directive 97/62/EC13 of 27 October1997 adapting to technical and scientific progressDirective 92/43/EEC on the conservation of naturalhabitats and of wild fauna and flora; Act concerningthe conditions of accession of the Czech Republic, theRepublic of Estonia, the Republic of Cyprus, theRepublic of Latvia, the Republic of Lithuania, theRepublic of Hungary, the Republic of Malta, theRepublic of Poland, the Republic of Slovenia and theSlovak Republic and the adjustments to the Treatieson which the European Union is founded14, andCouncil Directive 2006/105/EC15 of 20 November 2006adapting Directives 73/239/EEC, 74/557/EEC and

8O.J. No. L64 4.3.2006 p. 529O.J.No. 20, 26.1.2010 p 7-2510O.J.No.L206, 22.7.1992, p. 711O.J.No.L 176, 20.7.1993, p 29-3012O.J. No. C241, 29.8.1994, p 2113O.J.No.L305, 8.11.1997, p 42-6514O.J. No. 236, 23.9.2003, p. 3315O.J. No.L363, 20.12.2006, p 368-408 and O.J. L 059, 8.3.1996, p.63

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Pt.2 S.3

Amendment ofsection 2 ofPrincipal Act.

Pt.2 S.4

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2002/83/EC in the field of environment, by reason ofthe accession of Bulgaria and Romania;”,

(iv) the following for the definition of “Major AccidentsDirective”:

“ ‘Major Accidents Directive’ means CouncilDirective 96/82/EC of 9 December 199616 amended byDirective 2003/105/EC of the European Parliamentand Council of 16 December 200317;”,

(v) the following for the definition of “planningapplication”:

“ ‘planning application’ means an application to aplanning authority, or the Board, as the case may be,in accordance with permission regulations for per-mission for the development of land required bythose regulations;”;

(c) by the insertion of the following definitions:

“ ‘Act of 2001’ means the Transport (RailwayInfrastructure) Act 2001;

‘Act of 2006’ means the Planning and Development(Strategic Infrastructure) Act 2006;

‘Act of 2007’ means the Water Services Act 2007;

‘Act of 2008’ means the Dublin Transport Authority Act2008;

‘Act of 2010’ means the Planning and Development(Amendment) Act 2010;

‘adaptation to climate change’ means the taking ofmeasures to manage the impacts of climate change;

‘allotment’ means an area of land comprising not morethan 1,000 square metres let or available for letting to andcultivation by one or more than one person who is amember of the local community and lives adjacent or nearto the allotment, for the purpose of the production of veg-etables or fruit mainly for consumption by the person or amember of his or her family;

‘anthropogenic’ in relation to greenhouse gas emissionsmeans those emissions that result from or are produced byhuman activity or intervention;

‘appropriate assessment’ shall be construed in accordancewith section 177R;

‘core strategy’ shall be construed in accordance withsection 10 (inserted by section 7 of the Planning andDevelopment (Amendment) Act 2010);

‘electronic form’ means information that is generated,communicated, processed, sent, received, recorded, stored

16O.J. No. L10, 14.1.1997 p. 1317O.J.No. L345, 31.12.2003 p.97-105


or displayed by electronic means and is capable of beingused to make a legible copy or reproduction of that com-municated information but does not include informationcommunicated in the form of speech and such electronicmeans includes electrical, digital, magnetic, optical electro-magnetic, biometric, photonic and any other form ofrelated technology;

‘environmental impact assessment’ has the meaning givento it by section 171A;

‘Environmental Impact Assessment Directive’ meansCouncil Directive No. 85/337/EEC of 27 June 198518 onthe assessment of the effects of certain public and privateprojects on the environment amended by CouncilDirective 97/11/EC of 3 March 199719, Directive2003/35/EC20 of the European Parliament and of theCouncil of 26 May 2003 and Directive 2009/31/EC21 of theEuropean Parliament and of the Council of 23 April 2009;

‘flood risk assessment’ means an assessment of the likeli-hood of flooding, the potential consequences arising andmeasures, if any, necessary to manage those consequences;

‘housing strategy’ means a strategy included in a develop-ment plan under section 94;

‘landscape’ has the same meaning as it has in Article 1 ofthe European Landscape Convention done at Florence on20 October 2000;

‘Natura 2000 network’ has the meaning assigned to it byArticle 3, paragraph 1 of the Habitats Directive;

‘Natura impact statement’ shall be construed in accord-ance with section 177T;

‘Natura impact report’ shall be construed in accordancewith section 177T;

‘service connection’ has the meaning given to it by section2 of the Act of 2007;

‘settlement hierarchy’ has the meaning given to it bysection 10(2C) (inserted by section 7 of the Act of 2010);

‘strategic development zone’ has the meaning given to itby section 165;

‘strategic environmental assessment’ means an assessmentcarried out in accordance with regulations made undersection 10(5), 13(12), 19(4), 23(3), or 168(3) as the casemay be;

‘substitute consent’ has the meaning given to it bysection 177A;”.

18O.J. L175, 5.7.1985 p. 4019O.J. L 73, 14.3.1997 p. 520O.J. L156, 25.6.2003 p. 1721O.J. L140, 5.6.2009 p. 114

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5.—Section 4 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the substitution of the following paragraph forparagraph (i):

“(i) development consisting of the thinning, fel-ling or replanting of trees, forests or wood-lands or works ancillary to that develop-ment, but not including the replacement ofbroadleaf high forest by conifer species;”,

(ii) by the insertion of the following paragraph after para-graph (i):

“(ia) development (other than where thedevelopment consists of provision ofaccess to a public road) consisting of theconstruction, maintenance or improve-ment of a road (other than a public road)or works ancillary to such road develop-ment, where the road serves forests andwoodlands;”,

(iii) in paragraph (l), by the insertion of “or works con-sisting of land reclamation or reclamation of estuar-ine marsh land and of callows, referred to in section2 of that Act” after “the works are commenced”, and

(b) by the substitution of the following for subsection (4):

“(4) (a) Notwithstanding subsections (1)(a), (i) or (l)and any regulations made under subsection (2),development commenced on or after the com-ing into operation of this section shall not beexempted development if an environmentalimpact assessment of the development isrequired.

(b) The Minister may, for the purposes of givingfurther effect to the Habitats Directive andrequirements of efficiency and effectiveness inthe control of proper planning and sustainabledevelopment, prescribe development or classesof development (whether or not by referenceto an area or a class of areas in which thedevelopment is carried out) which, notwith-standing subsections (1)(a), and (h) to (j), andany regulations made under subsection (2),shall not be exempted development.”.


(a) by the substitution of the following paragraph for para-graph (a):

“(a) particulars of any application made to it underthis Act for permission for development, for


retention of development, for substitute con-sent including for leave to apply for substituteconsent, or for outline permission for develop-ment (including the name and address of theapplicant, the date of receipt of the applicationand brief particulars of the development orretention forming the subject of theapplication),”,

(b) by the substitution of the following paragraphs for para-graph (b):

“(b) where an environmental impact statement,remedial environmental impact statement,Natura impact statement or remedial Naturaimpact statement was submitted in respect ofan application, an indication of this fact,

(bb) where applicable, the outcome of—

(i) a determination as to whether an environ-mental impact assessment is required, or

(ii) screening for appropriate assessment,”,

(c) by the insertion of the following paragraph after para-graph (s):

“(sa) particulars of any enforcement notice issuedunder section 177O;”,

(d) by the insertion of the following paragraph after para-graph (x):

“(xa) particulars of any notice given under section177B, decision of the Board under section177D, or 177K, or direction served undersection 177J or 177L,”.


(a) by the insertion of the following subsections after subsec-tion (1):

“(1A) The written statement referred to in subsection(1) shall include a core strategy which shows that thedevelopment objectives in the development plan are con-sistent, as far as practicable, with national and regionaldevelopment objectives set out in the National SpatialStrategy and regional planning guidelines.

(1B) A planning authority shall prepare a core strategy,other than where subsection (1C) applies, as soon as prac-ticable and in any event not later than a period of one yearafter the making of regional planning guidelines underChapter III which affect the area of the development plan,and shall accordingly vary the development plan undersection 13 to include the core strategy.

(1C) Where a period of more than 4 years has expiredsince the making of the development plan when regional

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planning guidelines under Chapter III which affect thearea of the development plan are made, the planning auth-ority shall prepare a core strategy for inclusion in the newdevelopment plan under section 11 and 12.

(1D) The written statement referred to in subsection(1) shall also include a separate statement which showsthat the development objectives in the development planare consistent, as far as practicable, with the conservationand protection of the environment.”,

(b) in subsection (2)—

(i) by the insertion of the following paragraphs afterparagraph (c):

“(ca) the encouragement, pursuant to Article 10of the Habitats Directive, of the manage-ment of features of the landscape, such astraditional field boundaries, important forthe ecological coherence of the Natura2000 network and essential for themigration, dispersal and genetic exchangeof wild species;

(cb) the promotion of compliance with environ-mental standards and objectivesestablished—

(i) for bodies of surface water, by theEuropean Communities (SurfaceWaters) Regulations 2009;

(ii) for groundwater, by the EuropeanCommunities (Groundwater) Regu-lations 2010;

which standards and objectives areincluded in river basin management plans(within the meaning of Regulation 13 ofthe European Communities (WaterPolicy) Regulations 2003);”,

(ii) by the substitution of the following paragraphs forparagraphs (l) and (m):

“(l) the provision, or facilitation of the pro-vision, of services for the communityincluding, in particular, schools, crèchesand other education and childcarefacilities;

(m) the protection of the linguistic and culturalheritage of the Gaeltacht including thepromotion of Irish as the community lang-uage, where there is a Gaeltacht area inthe area of the development plan;

(n) the promotion of sustainable settlementand transportation strategies in urban andrural areas including the promotion ofmeasures to—


(i) reduce energy demand in response tothe likelihood of increases in energyand other costs due to long-termdecline in non-renewable resources,

(ii) reduce anthropogenic greenhouse gasemissions, and

(iii) address the necessity of adaptation toclimate change;

in particular, having regard to location,layout and design of new development;

(o) the preservation of public rights of waywhich give access to seashore, mountain,lakeshore, riverbank or other place ofnatural beauty or recreational utility,which public rights of way shall be iden-tified both by marking them on at leastone of the maps forming part of thedevelopment plan and by indicating theirlocation on a list appended to the develop-ment plan, and

(p) landscape, in accordance with relevant poli-cies or objectives for the time being of theGovernment or any Minister of theGovernment relating to providing aframework for identification, assessment,protection, management and planning oflandscapes and developed having regardto the European Landscape Conventiondone at Florence on 20 October 2000.”,

(c) by the insertion of the following subsections after subsec-tion (2):

“(2A) Without prejudice to the generality of subsection(1A), a core strategy shall—

(a) provide relevant information to show that thedevelopment plan and the housing strategy areconsistent with the National Spatial Strategyand regional planning guidelines,

(b) take account of any policies of the Minister inrelation to national and regional populationtargets,

(c) in respect of the area in the development planalready zoned for residential use or a mixtureof residential and other uses, provide detailsof—

(i) the size of the area in hectares, and

(ii) the proposed number of housing units to beincluded in the area,

(d) in respect of the area in the development planproposed to be zoned for residential use or a

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mixture of residential and other uses, providedetails of—

(i) the size of the area in hectares,

(ii) how the zoning proposals accord withnational policy that development of landshall take place on a phased basis,

(e) provide relevant information to show that, insetting out objectives regarding retail develop-ment contained in the development plan, theplanning authority has had regard to anyguidelines that relate to retail developmentissued by the Minister under section 28,

(f) in respect of the area of the development planof a county council, set out a settlement hier-archy and provide details of—

(i) whether a city or town referred to in thehierarchy is designated as a gateway orhub for the purposes of the NationalSpatial Strategy,

(ii) other towns referred to in the hierarchy,

(iii) any policies or objectives for the time beingof the Government or any Minister of theGovernment in relation to national andregional population targets that apply totowns and cities referred to in thehierarchy,

(iv) any policies or objectives for the time beingof the Government or any Minister of theGovernment in relation to national andregional population targets that apply tothe areas or classes of areas not includedin the hierarchy,

(v) projected population growth of cities andtowns in the hierarchy,

(vi) aggregate projected population, other thanpopulation referred to in subparagraph(v), in—

(I) villages and smaller towns with a popu-lation of under 1,500 persons, and

(II) open countryside outside of villagesand towns,

(vii) relevant roads that have been classified asnational primary or secondary roads undersection 10 of the Roads Act 1993 and rel-evant regional and local roads within themeaning of section 2 of that Act,

(viii) relevant inter-urban and commuter railroutes, and


(ix) where appropriate, rural areas in respect ofwhich planning guidelines relating to sus-tainable rural housing issued by the Mini-ster under section 28 apply,

(g) in respect of the development plan of a city ora town council, provide details of—

(i) the city or town centre concerned,

(ii) the areas designated for significantdevelopment during the period of thedevelopment plan, particularly areas forwhich it is intended to prepare a localarea plan,

(iii) the availability of public transport withinthe catchment of residential or commer-cial development, and

(iv) retail centres in that city or town centre.

(2B) The information referred to in subparagraphs (vii)to (ix) of paragraph (f) and in paragraph (g) shall also berepresented in the core strategy by a diagrammatic map orother such visual representation.

(2C) In subsection (2A)(f) ‘settlement hierarchy’means a rank given by a planning authority to a city ortown in the area of its development plan, with a populationthat exceeded 1,500 persons in the census of populationmost recently published before the making by the planningauthority of the hierarchy, and given on the basis of—

(a) its designation as a gateway city or town or as ahub town, as the case may be, under theNational Spatial Strategy,

(b) the assessment by the planning authority of—

(i) the proposed function and role of the cityor town, which assessment shall be consist-ent with any regional planning guidelinesin force, and

(ii) the potential for economic and socialdevelopment of the city or town, whichassessment shall be in compliance withpolicy directives of the Minister issuedunder section 29, have regard to guidelinesissued by the Minister under section 28,or take account of any relevant policies orobjectives of the Government, the Mini-ster or any other Minister of the Govern-ment, as the case may be.”,

(d) by the insertion of the following new subsection after sub-section (5):

“(5A) Where required, a strategic environmentalassessment or an appropriate assessment of a draftdevelopment plan shall be carried out.”,

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and

(e) by the insertion of the following new subsections after sub-section (8):

“(9) Nothing in this section shall affect the existence orvalidity of any public right of way.

(10) No objective included in a development planunder this section shall be construed as affecting the powerof a local authority to extinguish a public right of wayunder section 73 of the Roads Act 1993.”.


(a) by the insertion of the following subsection after subsec-tion (1):

“(1A) The review of the existing development plan andpreparation of a new development plan under this sectionby the planning authority shall be strategic in nature forthe purposes of developing—

(a) the objectives and policies to deliver an overallstrategy for the proper planning and sus-tainable development of the area of thedevelopment plan, and

(b) the core strategy,

and shall take account of the statutory obligations of anylocal authority in the area and any relevant policies orobjectives for the time being of the Government or of anyMinister of the Government.”,

(b) in subsection (2) by the substitution of the following para-graphs for paragraph (b):

“(b) indicate that submissions or observationsregarding objectives and policies to deliver anoverall strategy for the proper planning andsustainable development of the area of thedevelopment plan may be made in writing tothe planning authority within a specifiedperiod (which shall not be less than 8 weeks),

(bb) indicate that children, or groups or associationsrepresenting the interests of children, areentitled to make submissions or observationsunder paragraph (b),

(bc) state that the planning authority intends toreview the zoning of the area of the develop-ment plan for the purposes referred to in sub-section (1A)(a) and (b) and indicate thatrequests or proposals for zoning of particularland for any purpose shall not be considered atthis stage.”,

(c) in subsection (4)—


(i) in paragraph (b), by the substitution of the followingsubparagraph for subparagraph (ii):

“(ii) summarise the issues raised in the sub-missions and during the consultations,where appropriate, but shall not referto a submission relating to a requestor proposal for zoning of particularland for any purpose.”,

(ii) by the insertion after paragraph (bb) (inserted bysection 83 of the Act of 2008) of the followingparagraph:

“(bc) A report under paragraph (a) shall sum-marise the issues raised and recom-mendations made by the relevant regionalauthority in a report prepared in accord-ance with section 27A (inserted by section17 of the Act of 2010) and outline therecommendations of the manager inrelation to the manner in which thoseissues and recommendations should beaddressed in the draft development plan.”,

(iii) in paragraph (d), by the substitution of “and any suchdirections shall be strategic in nature, consistent withthe draft core strategy, and shall take account of” for“and any such directions must take account of”.


(a) in subsection (1)(a), by the substitution of “the Board, therelevant regional authority, the prescribed authorities”for “the Board, the prescribed authorities”,



“(ii) summarise the following from the sub-missions or observations made underthis section:

(I) issues raised by the Minister; and

(II) thereafter, issues raised by otherbodies or persons,”,

(ii) by the insertion of the following paragraph after para-graph (bb) (inserted by section 84 of the Act of2008):

“(bc) A report under paragraph (a) shall sum-marise the issues raised and recom-mendations made by the relevant regionalauthority in its written submission pre-pared in accordance with section 27B(inserted by section 18 of the Act of 2010)and outline the recommendations of the

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manager in relation to the manner inwhich those issues and recommendationsshould be addressed in the developmentplan.”,

(c) by the insertion of the following paragraph after subsec-tion (5)(a):

“(aa) Following consideration of the draft plan andthe report of the manager under paragraph (a)where a planning authority, after considering asubmission of, or observation or recommend-ation from the Minister made to the authorityunder this section or from a regional authoritymade to the authority under section 27B,decides not to comply with any recommend-ation made in the draft plan and report, it shallso inform the Minister or regional authority, asthe case may be, as soon as practicable bynotice in writing which notice shall containreasons for the decision.”,

(d) in subsection (7)—

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

“(a) Subject to paragraphs (aa) and (ae) in acase where the proposed amendmentwould, if made, be a material alteration ofthe draft concerned, the planning auth-ority shall, not later than 3 weeks after thepassing of a resolution under subsection(6), publish notice of the proposed amend-ment in at least one newspaper circulatingin its area and send notice and a copy ofthe proposed amendment to the Minister,the Board and the prescribedauthorities.”,

(ii) by the insertion of the following paragraphs afterparagraph (a) of subsection (7):

“(aa) The planning authority shall determine if astrategic environmental assessment or anappropriate assessment or both suchassessments, as the case may be, is or arerequired to be carried out as respects oneor more than one proposed material alter-ation of the draft development plan.

(ab) The manager, not later than 2 weeks after adetermination under paragraph (aa) shallspecify such period as he or she considersnecessary following the passing of a resol-ution under subsection (6) as beingrequired to facilitate an assessmentreferred to in paragraph (aa).

(ac) The planning authority shall publish noticeof the proposed material alteration, andwhere appropriate in the circumstances,


the making of a determination that anassessment referred to in paragraph (aa) isrequired, in at least one newspaper circul-ating in its area.

(ad) The notice referred to in paragraph (ac)shall state—

(i) that a copy of the proposed materialalteration and of any determinationby the authority that an assessmentreferred to in paragraph (aa) isrequired may be inspected at a statedplace or places and at stated times,and on the authority’s website, duringa stated period of not less than 4weeks (and that copies will be keptfor inspection accordingly), and

(ii) that written submissions or obser-vations with respect to the proposedmaterial alteration or an assessmentreferred to in paragraph (aa) andmade to the planning authority withina stated period shall be taken intoaccount by the authority before thedevelopment plan is made.

(ae) The planning authority shall carry out anassessment referred to in paragraph (aa)of the proposed material alteration of thedraft development plan within the periodspecified by the manager.”,

(iii) in paragraph (b), by the substitution of “A noticeunder paragraph (a) or (ac) (inserted by section 9 ofthe Act of 2010)” for “A notice under paragraph(a)”,

(e) in subsection (10)—

(i) by the substitution of the following paragraph forparagraph (a):

“(a) The members of the authority shall, by res-olution, having considered the manager’sreport, make the plan with or without theproposed amendment that would, if made,be a material alteration, except that wherethey decide to accept the amendment theymay do so subject to any modifications tothe amendments as they consider appro-priate, which may include the making of afurther modification to the alteration andparagraph (c) shall apply in relation to anyfurther modification.”;

and

(ii) by the insertion of the following paragraph after para-graph (b):

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“(c) A further modification to the alteration—

(i) may be made where it is minor in nat-ure and therefore not likely to havesignificant effects on the environmentor adversely affect the integrity of aEuropean site,

(ii) shall not be made where it relates to—

(I) an increase in the area of landzoned for any purpose, or

(II) an addition to or deletion from therecord of protected structures.”,

and

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

“(14) (a) Notwithstanding any other provision of thisPart, where a planning authority fails to makea development plan within a period referred toin paragraph (b), the manager shall make theplan provided that so much of the plan as hadbeen agreed by the members of the planningauthority shall be included as part of the planas made by the manager.

(b) The period referred to in paragraph (a) is—

(i) not more than 2 years from the giving ofnotice under section 11(1), or

(ii) where subsection (7)(aa) (inserted bysection 9 of the Act of 2010) applies—

(I) not more than 2 years and 4 weeks, or

(II) if appropriate in the circumstances,such longer period than 2 years and 4weeks as is specified under subsection(7)(ab) (inserted by section 9 of theAct of 2010) by the manager as beingrequired to facilitate an assessmentreferred to in subsection (7)(aa).”.


(a) in subsection (2)(a) by the substitution of “the Board, therelevant regional authority, and, where appropriate,” for“the Board and, where appropriate”,



“(ii) summarise the following from the sub-missions or observations made underthis section:

(I) issues raised by the Minister, and


(II) thereafter, issues raised by otherbodies or persons,”,

(ii) by the insertion of the following paragraph after para-graph (bb) (inserted by section 85 of the Act of2008):

“(bc) A report under paragraph (a) shall sum-marise the issues raised and recom-mendations made by the relevant regionalauthority in its written submission pre-pared in accordance with section 27C(inserted by section 19 of the Act of 2010)and outline the recommendations of themanager in relation to the manner inwhich those issues and recommendationsshould be addressed in the developmentplan.”,

(c) by the insertion of the following paragraph after subsec-tion (5)(a):

“(aa) Following consideration of the proposed vari-ation and the report of the manager underparagraph (a) where a planning authority, afterconsidering a submission of, or observation orrecommendation from the Minister made tothe authority under this section or from aregional authority made to the authority undersection 27C, decides not to comply with anyrecommendation made in the proposed vari-ation and report, it shall so inform the Ministeror regional authority, as the case may be, assoon as practicable by notice in writing whichnotice shall contain reasons for the decision.”,

(d) in subsection (6)—

(i) by the substitution of the following paragraphs forparagraph (a):

“(a) Subject to paragraphs (aa) and (ae), themembers of the authority, having con-sidered the proposed variation and man-ager’s report may, as they consider appro-priate, by resolution, make the variationwhich would, if made, be a material alter-ation, with or without further modificationor they may refuse to make it and para-graph (c) shall apply in relation to anyfurther modification.

(aa) The planning authority shall determine if astrategic environmental assessment or anappropriate assessment or both suchassessments, as the case may be, is or arerequired to be carried out as respects oneor more than one proposed modificationthat would, if made, be a material alter-ation of the variation of the developmentplan.

21

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Pt.2 S.10

22


(ab) The manager shall, not later than 2 weeksafter a determination under paragraph(aa), specify such period as he or she con-siders necessary following the determi-nation as being required to facilitate anassessment referred to in paragraph (aa).

(ac) The planning authority shall publish noticeof the proposed material alteration, andwhere appropriate in the circumstances,the making of a determination that anassessment referred to in paragraph (aa) isrequired, in at least one newspaper circul-ating in its area.

(ad) The notice referred to in paragraph (ac)shall state—

(i) that a copy of the proposed materialalteration and of any determinationby the authority that an assessmentreferred to in paragraph (aa) isrequired may be inspected at a statedplace or places and at stated times,and on the authority’s website, duringa stated period of not less than 4weeks (and that copies will be keptfor inspection accordingly), and

(ii) that written submissions or obser-vations with respect to the proposedmaterial alteration or an assessmentreferred to in paragraph (aa) andmade to the planning authority withina stated period shall be taken intoaccount by the authority before thevariation of the development plan ismade.

(ae) The planning authority shall carry out anassessment referred to in paragraph (aa)of the proposed material alteration of thedraft development plan within the periodspecified by the manager.”,

and


“(c) A further modification to the variation—


(ii) shall not be made where it refers to—



(II) an addition to or deletion from therecord of protected structures.”,

(e) in subsection 8(c), by the substitution of “the Board, therelevant regional authority and,” for “the Board and”,

(f) by the insertion of the following new subsection after sub-section (12):

“(13) An appropriate assessment of a draft variation ofa development plan shall be carried out in accordance withPart XAB.”.


(a) in subsection (1), by the substitution of “Subject to section19(2B) (inserted by section 12 of the Act of 2010) a plan-ning authority may at any time” for “A planning auth-ority may at any time”, and

(b) in subsection (5), by the substitution of “Subject to section19(2B) (inserted by section 12 of the Act of 2010) a plan-ning authority may at any time” for “A planning auth-ority may at any time”.



(i) by the substitution, in paragraph (b)(ii) of “5,000”for “2,000”,


“(bb) Notwithstanding paragraph (b), a local areaplan shall be made in respect of a townwith a population that exceeded 1,500 per-sons (in the census of population mostrecently published before a planning auth-ority makes its decision under subpara-graph (i)) except where—

(i) the planning authority decides to indi-cate objectives for the area of thetown in its development plan undersection 10(2), or

(ii) a local area plan has already beenmade in respect of the area of thetown or objectives for that area havealready been indicated in thedevelopment plan under section10(2).”,

and

(iii) by the substitution of the following paragraphs forparagraph (c):

23

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Pt.2 S.12

24


“(c) Subject to paragraphs (d) and (e), notwith-standing section 18(5), a planning auth-ority shall send a notice under section20(3)(a)(i) of a proposal to make, amendor revoke a local area plan and publish anotice of the proposal under section20(3)(a)(ii) at least every 6 years after themaking of the previous local area plan.

(d) Subject to paragraph (e), not more than 5years after the making of the previouslocal area plan, a planning authority may,as they consider appropriate, by resolutiondefer the sending of a notice under section20(3)(a)(i) and publishing a notice undersection 20(3)(a)(ii) for a further period notexceeding 5 years.

(e) No resolution shall be passed by the plan-ning authority until such time as themembers of the authority have:

(i) notified the manager of the decision ofthe authority to defer the sending andpublishing of the notices, givingreasons therefor, and

(ii) sought and obtained from themanager—

(I) an opinion that the local area planremains consistent with theobjectives and core strategy ofthe relevant development plan,

(II) an opinion that the objectives ofthe local area plan have not beensubstantially secured, and

(III) confirmation that the sending andpublishing of the notices may bedeferred and the period forwhich they may be deferred.

(f) Notification of a resolution under para-graph (d) shall be published by the plan-ning authority in a newspaper circulatingin the area of the local area plan not laterthan 2 weeks after the resolution is passedand notice of the resolution shall be madeavailable for inspection by members of thepublic during office hours of the planningauthority and made available in electronicform including by placing the notice onthe authority’s website.”,

(b) in subsection (2) (amended by section 8 of the Act of2002)—

(i) by the insertion of “, its core strategy, and anyregional planning guidelines that apply to the area


of the plan” after “objectives of the developmentplan”, and

(ii) by the insertion in paragraph (b) of “the objective ofdevelopment of land on a phased basis and,” after“the area to which it applies, including”,

(c) by the insertion of the following subsection after subsec-tion (2A) (inserted by section 86 of the Act of 2008):

“(2B) Where any objective of a local area plan is nolonger consistent with the objectives of a developmentplan for the area, the planning authority shall as soon asmay be (and in any event not later than one year followingthe making of the development plan) amend the local areaplan so that its objectives are consistent with the objectivesof the development plan.”,

and

(d) by the insertion of the following subsections after subsec-tion (4) (inserted by Regulation 6 of the European Com-munities (Environmental Assessment of Certain Plansand Programmes) Regulations 2004):

“(5) An appropriate assessment of a draft local areaplan shall be carried out in accordance with Part XAB.

(6) There shall be no presumption in law that any landzoned in a particular local area plan shall remain so zonedin any subsequent local area plan.”.


(a) in subsection (1) by the substitution of “consult the Mini-ster and the public before” for “consult the publicbefore”,

(b) in subsection (3) (amended by section 9 of the Act of2002):

(i) in paragraph (a)(i) by the substitution of “plan to theMinister, the Board” for “plan to the Board”,

(ii) in paragraph (b), by the insertion of the following sub-paragraph after subparagraph (iii):

“(iv) that children, or groups or associationsrepresenting the interests of children,are entitled to make submissions orobservations under subparagraph(iii).”,

(iii) by the substitution of the following for subparagraph(I) of paragraph (d)(ii):

“(I) subject to paragraphs (e) to (r),decides to make or amend theplan otherwise than as recom-mended in the manager’s report,or”,

and

25

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Pt.2 S.13

26


(iv) by the substitution of the following for paragraphs (e),(f), (g), (h) and (i):

“(e) Where, following consideration of the man-ager’s report, it appears to the members ofthe authority that the draft local area planshould be altered, and the proposed alter-ation would, if made be a material alter-ation of the draft local area plan con-cerned, subject to paragraphs (f) and (j),the planning authority shall, not later than3 weeks after the passing of a resolutionunder paragraph (d)(ii) (inserted bysection 9 of the Act of 2002), publishnotice of the proposed material alterationin one or more newspapers circulating inits area, and send notice of the proposedmaterial alteration to the Minister, theBoard and the prescribed authorities(enclosing where the authority considers itappropriate a copy of the proposedmaterial alteration).

(f) The planning authority shall determine if astrategic environmental assessment or anappropriate assessment or both suchassessments, as the case may be, is or arerequired to be carried out as respects oneor more than one proposed material alter-ation of the draft local area plan.

(g) The manager shall, not later than 2 weeksafter a determination under paragraph (f)specify such period as he or she considersnecessary following the passing of a resol-ution under paragraph (d)(ii) as beingrequired to facilitate an assessmentreferred to in paragraph (f).

(h) The planning authority shall publish noticeof the proposed material alteration, andwhere appropriate in the circumstances,the making of a determination that anassessment referred to in paragraph (f) isrequired, in at least one newspaper circul-ating in its area.

(i) The planning authority shall cause anassessment referred to in paragraph (f) tobe carried out of the proposed alterationof the local area plan within the periodspecified by the manager.

(j) A notice under paragraph (e) or (h) as thecase may be shall state that—

(i) a copy of the proposed material alter-ation of the draft local area plan maybe inspected at a stated place and atstated times during a stated period ofnot less than 4 weeks (and the copy


shall be kept available for inspectionaccordingly), and

(ii) written submissions or observationswith respect to the proposed materialalteration of the draft local area planmay be made to the planning auth-ority within the stated period andshall be taken into considerationbefore the making of any materialalteration.

(k) Not later than 8 weeks after publishing anotice under paragraph (e) or (h) as thecase may be, or such period as may bespecified by the manager under paragraph(g), the manager shall prepare a report onany submissions or observations receivedpursuant to a notice under that paragraphand submit the report to the members ofthe authority for their consideration.

(l) A report under paragraph (k) shall—

(i) list the persons who made submissionsor observations under paragraph(j)(ii),

(ii) summarise the issues raised by the per-sons in the submissions orobservations,

(iii) contain the opinion of the manager inrelation to the issues raised, and hisor her recommendations in relation tothe proposed material alteration tothe draft local area plan, includingany change to the proposed materialalteration as he or she considersappropriate, taking account of theproper planning and sustainabledevelopment of the area, the statu-tory obligations of any local authorityin the area and any relevant policiesor objectives for the time being of theGovernment or of any Minister ofthe Government.

(m) The members of the authority shall con-sider the proposed material alteration ofthe draft local area plan and the report ofthe manager under paragraph (k).

(n) Following consideration of the manager’sreport under paragraph (m), the local areaplan shall be made or amended as appro-priate by the planning authority by resol-ution no later than a period of 6 weeksafter the report has been furnished to allthe members of the authority with all,some or none of the material alterations

27

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Pt.2 S.13

28


as published in accordance with paragraph(e) or (h) as the case may be.

(o) Where the planning authority decides tomake or amend the local area plan orchange the material alteration of the planby resolution as provided in paragraph(n)—

(i) paragraph (p) shall apply in relation tothe making of the resolution, and

(ii) paragraph (q) shall apply in relation toany change to the material alterationproposed.

(p) It shall be necessary for the passing of theresolution referred to in paragraph (n)that it shall be passed by not less than halfof the members of the planning authorityand the requirements of this paragraph arein addition to, and not in substitution for,any other requirements applying inrelation to such a resolution.

(q) A further modification to the materialalteration—


(ii) shall not be made where it refers to—


(II) an addition to or deletion from therecord of protected structures.

(r) When performing their functions under thissubsection, the members of the planningauthority shall be restricted to consideringthe proper planning and sustainabledevelopment of the area, the statutoryobligations of any local authority in thearea and any relevant policies or objec-tives for the time being of the Govern-ment or of any Minister of theGovernment.”,

and

(c) by the insertion of the following subsection after subsec-tion (4):

“(4A) A local area plan made under this section shallhave effect 4 weeks from the day that it is made.”.



(a) in subsection (1) by the substitution of the following para-graph for paragraph (a):

“(1) (a) The objective of regional planning guidelinesshall be to support the implementation of theNational Spatial Strategy by providing a long-term strategic planning framework for thedevelopment of the region for which the guide-lines are prepared which shall be consistentwith the National Spatial Strategy.”,


(i) by the substitution of the following paragraph forparagraph (a):

“(a) any policies or objectives for the time beingof the Government or any Minister for theGovernment, or any policies contained inthe National Spatial Strategy in relation tonational and regional population targets;”,

and

(ii) by the substitution of the following paragraphs forparagraph (j):

“(j) landscape, in accordance with relevant poli-cies or objectives for the time being of theGovernment or any Minister of theGovernment relating to providing aframework for identification, assessment,protection, management and planning oflandscapes and developed having regardto the European Landscape Conventiondone at Florence on 20 October 2000;

(k) the promotion of sustainable settlementand transportation strategies in urban andrural areas, including the promotion ofmeasures to reduce anthropogenic green-house gas emissions and address thenecessity of adaptation to climate change;

(l) such other matters as may be prescribed.”,

and


“(3A) An appropriate assessment of draft regionalplanning guidelines shall be carried out in accordance withPart XAB.”.

15.—Section 24 of the Principal Act is amended by the substitutionof the following subsections for subsection (6):

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Pt.2 S.15

30


“(6) (a) Subject to paragraphs (b) and (e), following consider-ation of submissions or observations under subsec-tion (5), and subject to section 25, the regional auth-ority shall, subject to any amendments that itconsiders necessary, make the regional planningguidelines.

(b) The regional authority shall determine if a strategicenvironmental assessment or an appropriate assess-ment or both such assessments, as the case may be,is or are required to be carried out as respects oneor more than one proposed material amendment ofthe draft regional planning guidelines.

(c) The director of the regional authority, not later than2 weeks after a determination under paragraph (b)shall specify such period as he or she considersnecessary as being required to facilitate an assess-ment referred to in paragraph (b).

(d) The regional authority shall publish notice of any pro-posed material amendment, and where appropriatein the circumstances, the making of a determinationthat a strategic environmental assessment or anappropriate assessment or both such assessments, asthe case may be, is or are required, in at least onenewspaper circulating in its area.

(e) The notice referred to in paragraph (d) shall state—

(i) that a copy of any proposed material amendmentand of any determination by the authority thatan assessment referred to in paragraph (b) isrequired may be inspected at a stated place orplaces and at stated times, and on the auth-ority’s website, during a stated period of not lessthan 4 weeks (and that copies will be kept forinspection accordingly), and

(ii) that written submissions or observations withrespect to the proposed material amendment oran assessment referred to in paragraph (b) andmade to the regional authority within a statedperiod shall be taken into account by the auth-ority before the regional planning guidelinesare adopted.

(f) The regional authority shall carry out an assessmentreferred to in paragraph (b) of the proposed materialamendment of the draft regional planning guidelineswithin the period specified by the director of theregional authority.

(6A) Following the consideration of submissions or obser-vations under subsection (6), and subject to section 25, theregional authority shall make the regional planning guidelineswith or without the proposed material amendments, subject toany minor modifications considered necessary.

(6B) A minor modification referred to in subsection (6A)may be made where it is minor in nature and therefore not likely


to have significant effects on the environment or adversely affectthe integrity of a European site.”.


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

“(1) A planning authority shall ensure, when making adevelopment plan or a local area plan, that the plan isconsistent with any regional planning guidelines in forcefor its area.”,

and

(b) by the insertion of the following subsection after subsec-tion (5):

“(6) The Minister may make regulations concerningmatters of procedure and administration to be adopted bya regional authority in the performance of its functionsrelating to the preparation of a draft development plan,making of a development plan or variation of a develop-ment plan, as the case may be.”.

17.—The Principal Act is amended by the insertion of the follow-ing section after section 27:

“27A.—(1) Where a regional authority receives a notice froma planning authority under section 11(1) it shall prepare sub-missions or observations for the purposes of section 11(2).

(2) Submissions or observations made by a regional authorityunder section 11(2) shall contain a report on matters that, in theopinion of the regional authority, require consideration by theplanning authority concerned in making the development plan.

(3) The submissions or observations and report of theregional authority shall include, but shall not be limited to,recommendations regarding each of the following matters asrespects the area to which the development plan relates:

(a) any policies or objectives for the time being of theGovernment or any Minister of the Government inrelation to national and regional population targets,and the best distribution of residential developmentand related employment development with a viewto—

(i) promoting consistency as far as possible, betweenhousing, settlement and economic objectives inthe draft development plan and core strategyand the regional planning guidelines, and

(ii) assisting in drafting the core strategy of the draftdevelopment plan;

(b) the objectives of providing physical, economic orsocial infrastructure in a manner that promotesbalanced regional development;

31

Pt.2 S.15


Report of regionalauthority forpreparation of draftdevelopment plan.

Pt.2 S.17

Role of regionalauthority in makingof developmentplan.

32


(c) planning for the best use of land having regard tolocation, scale and density of new development tobenefit from investment of public funds in transportinfrastructure and public transport services; and

(d) collaboration between the planning authority and theregional authority in respect of integrated planningfor transport and land use, in particular in relationto large scale developments and the promotion ofsustainable transportation strategies in urban andrural areas, including the promotion of measures toreduce anthropogenic greenhouse gas emissions andaddress the necessity of adaptation to climatechange.

(4) One or more regional authorities, who have been directedby the Minister to make regional planning guidelines for thepurpose of section 21(3) in relation to a combined area of theregional authorities or in respect of any particular part or partsof the area which lie within the area of those regional auth-orities, shall make joint submissions or observations and issue ajoint report for the purpose of this section, in respect of thecombined area or particular part or parts of the area concernedand shall send a copy of the joint submissions or observationsand joint report to the Minister.”.

18.—The Principal Act is amended by the insertion of the follow-ing section after section 27A (inserted by section 17):

“27B.—(1) Where a regional authority receives a notice froma planning authority under section 12(1) it shall prepare sub-missions and observations for the purposes of section 12(2).

(2) Submissions or observations made by the regional auth-ority under subsection (1) shall contain a report which shall statewhether, in the opinion of that authority, the draft developmentplan, and, in particular, its core strategy, are consistent with theregional planning guidelines in force for the area of the develop-ment plan.

(3) Where the opinion of the regional authority stated in thesubmissions or observations made and the report issued is thatthe draft development plan and its core strategy are not consist-ent with the regional planning guidelines, the submissions,observations and report shall include recommendations as towhat amendments, in the opinion of the regional authority, arerequired in order to ensure that the draft development plan andits core strategy are so consistent.

(4) The regional authority shall send a copy of the submissionor observations and the report to the Minister.

(5) One or more regional authorities, who have been directedby the Minister to make regional planning guidelines for thepurpose of section 21(3) in relation to a combined area of theregional authorities or in respect of any particular part or partsof the area which lie within the area of those regional auth-orities, shall make joint submissions or observations and issue ajoint report for the purpose of this section, in respect of thecombined area or particular part or parts of the area concerned


and shall send a copy of the joint submissions or observationsand joint report to the Minister.”.

19.—The Principal Act is amended by the insertion of the follow-ing section after section 27B (inserted by section 18):

“27C.—(1) Where a regional authority receives a notice froma planning authority under section 13(1) it shall prepare sub-missions and observations for the purposes of section 13(2).

(2) Submissions or observations made by the regional auth-ority under subsection (1) shall contain a report which shall statewhether, in the opinion of that authority, the draft variation ofthe development plan, and, in particular, its core strategy, areconsistent with the regional planning guidelines in force for thearea of the development plan.

(3) Where the opinion of the regional authority stated in thesubmissions or observations made and the report issued is thatthe proposed variation of the development plan and its corestrategy are not consistent with the regional planning guidelines,the submissions and observations and report shall includerecommendations as to what amendments, in the opinion of theregional authority, are required in order to ensure that the pro-posed variation to the development plan and its core strategyare so consistent.

(4) The regional authority shall send a copy of the report tothe Minister.

(5) One or more regional authorities, who have been directedby the Minister to make regional planning guidelines for thepurpose of section 21(3) in relation to a combined area of theregional authorities or in respect of any particular part or partsof the area which lie within the area of those regional auth-orities, shall make joint submissions or observations and issue ajoint report for the purpose of this section, in respect of thecombined area or particular part or parts of the area concernedand shall send a copy of the joint submissions or observationsand joint report to the Minister.”.

20.—Section 28 of the Principal Act is amended by the insertionof the following subsections after subsection (1):

“(1A) Without prejudice to the generality of subsection (1)and for the purposes of that subsection a planning authority inhaving regard to the guidelines issued by the Minister under thatsubsection, shall—

(a) consider the policies and objectives of the Ministercontained in the guidelines when preparing and mak-ing the draft development plan and the developmentplan, and

(b) append a statement to the draft development plan andthe development plan which shall include the infor-mation referred to in subsection (1B).

(1B) The statement which the planning authority shallappend to the draft development plan and the development plan

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Role of regionalauthority invariation ofdevelopment plan.


Pt.2 S.20

Ministerialdirections regardingdevelopment plans,variation ofdevelopment plansand local areaplans.

34


under subsection (1A) shall include information whichdemonstrates—

(a) how the planning authority has implemented the poli-cies and objectives of the Minister contained in theguidelines when considering their application to thearea or part of the area of the draft developmentplan and the development plan, or

(b) if applicable, that the planning authority has formedthe opinion that it is not possible, because of the nat-ure and characteristics of the area or part of the areaof the development plan, to implement certain poli-cies and objectives of the Minister contained in theguidelines when considering the application of thosepolicies in the area or part of the area of the draftdevelopment plan or the development plan and shallgive reasons for the forming of the opinion and whythe policies and objectives of the Minister have notbeen so implemented.”.

21.—The Principal Act is amended by the substitution of the fol-lowing section for section 31:

“31.—(1) Where the Minister is of the opinion that—

(a) a planning authority, in making a development plan,a variation of a development plan, or a local areaplan (in this section referred to as a ‘plan’) hasignored, or has not taken sufficient account of sub-missions or observations made by the Minister to theplanning authority under section 12, 13 or 20,

(b) in the case of a plan, the plan fails to set out an overallstrategy for the proper planning and sustainabledevelopment of the area,

(c) the plan is not in compliance with the requirementsof this Act, or

(d) if applicable, having received a submission preparedunder section 31C or 31D (inserted by section 95 ofthe Act of 2008) that a plan of a planning authorityin the Greater Dublin Area (GDA) is not consistentwith the transport strategy of the National Trans-port Authority,

the Minister may in accordance with this section, for statedreasons, direct a planning authority to take such specifiedmeasures as he or she may require in relation to that plan.

(2) Where the Minister issues a direction under this sectionthe planning authority, notwithstanding anything contained inChapter I or II of this Part, shall comply with that direction andthe Manager or elected members shall not exercise a power orperform a function conferred on them by this Act in a mannerthat contravenes the direction so issued.

(3) Before he or she issues a direction under this section, theMinister shall issue a notice in writing to a planning authorityno later than 4 weeks after a plan is made.


(4) The notice referred to in subsection (3) shall, for statedreasons, inform the planning authority of—

(a) the forming of the opinion referred to in subsection(1),

(b) the intention of the Minister to issue a direction (adraft of which shall be contained in the notice) tothe planning authority to take certain measuresspecified in the notice in order to ensure that theplan is in compliance with the requirements of thisAct and, in the case of a plan, sets out an overallstrategy for the proper planning and sustainabledevelopment of the area,

(c) those parts of the plan that by virtue of the issuing ofthe notice under this subsection shall be taken not tohave come into effect, been made or amended undersubsection (6), and

(d) if applicable, requiring the planning authority to takemeasures specified in the notice to ensure that theplan is in compliance with the transport strategy ofthe Dublin Transport Authority.

(5) The Minister shall furnish a copy of the notice referredto in subsection (3) to the manager and Cathaoirleach of theplanning authority, where there are regional planning guidelinesin force for the area of the planning authority, to the regionalplanning authority concerned and, where relevant, to the DublinTransport Authority.

(6) (a) Notwithstanding section 12(17), 13(11) or 20(4A), aplan shall not have effect in accordance with thosesections in relation to a matter contained in the planwhich is referred to in a notice under subsection (3).

(b) If a part of a plan proposed to be replaced undersection 12, 13 or 20 contains a matter that corre-sponds to any matter contained in that plan which isreferred to in a notice under subsection (3), that partshall not, save where subsection (17) applies, ceaseto have effect in respect of that matter.

(7) No later than 2 weeks after receipt of the notice issued bythe Minister under subsection (3), the manager of the planningauthority shall publish notice of the draft direction in at leastone newspaper circulating in the area of the development planor local area plan, as the case may be, which shall state—

(a) the reasons for the draft direction,

(b) that a copy of the draft direction may be inspected atsuch place or places as are specified in the noticeduring such period as may be so stated (being aperiod of not more than 2 weeks), and

(c) that written submissions or observations in respect ofthe draft direction may be made to the planningauthority during such period and shall be taken intoconsideration by the Minister before he or she

35

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Pt.2 S.21

36


directs the planning authority pursuant to thissection.

(8) No later than 4 weeks after the expiry of the periodreferred to in subsection (7)(b), the manager shall prepare areport on any submissions or observations received under sub-section (7)(c) which shall be furnished to the Minister and theelected members of the planning authority.

(9) The report referred to in subsection (8) shall—

(a) summarise the views of any person who made sub-missions or observations to the planning authority,

(b) summarise the views of and recommendations (if any)made by the elected members of the planningauthority,

(c) summarise the views of and recommendations (if any)made by the regional authority,

(d) make recommendations in relation to the best mannerin which to give effect to the draft direction.

(10) The elected members of the planning authority maymake a submission to the Minister in relation to the noticeissued by him or her under subsection (3) at any time up to theexpiry of the period of time referred to in subsection (7)(b).

(11) The Minister shall consider the report furnished undersubsection (8) and any submissions made to him or her undersubsection (10) and—

(a) where he or she believes that no material amendmentto the draft direction is required, or that furtherinvestigation is not necessary in order to clarify anyaspect of the report or submissions, he or she maydecide, no later than 3 weeks after the date of receiptof the report under subsection (8), for statedreasons—

(i) to issue the direction referred to in subsection(4)(b) with or without minor amendments, or

(ii) not to issue the direction referred to in subsec-tion (4)(b),

or

(b) where he or she believes that—

(i) a material amendment to the draft direction maybe required, or

(ii) further investigation is necessary in order to clar-ify any aspect of the report furnished under sub-section (8) or submissions made under subsec-tion (10), or

(iii) it is necessary for any other reason,


he or she may, for stated reasons, appoint an inspec-tor no later than 3 weeks after the date of receipt ofthe report under subsection (8).

(12) The inspector appointed under subsection (11)(b) shallbe a person who, in the opinion of the Minister, has satisfactoryexperience and competence to perform the functions requiredof him or her pursuant to this section and shall be independentin the performance of his or her functions.

(13) The inspector appointed under subsection (11)(b) hav-ing regard to the stated reasons for his or her appointment—

(a) shall review the draft direction, the report furnishedunder subsection (8) and submissions made undersubsection (10),

(b) shall consult with the manager and elected membersof the planning authority,

(c) may consult with the regional authority and personswho made submissions under subsection (7)(c), and

(d) shall no later than 3 weeks after he or she wasappointed, furnish a report containing recom-mendations to the Minister.

(14) Copies of the report of the inspector referred to in sub-section (13)(d) shall be furnished as quickly as possible by theMinister to the manager and elected members of the planningauthority, the regional authority and persons who made sub-missions under subsection (7)(c).

(15) The persons who have been furnished with the reportof the inspector referred to in subsection (13)(d) may make asubmission to the Minister in relation to any matter referred toin the report no later than 10 days after the receipt by them ofthe report.

(16) No later than 3 weeks (or as soon as may be during suchperiod extending that 3 week period as the Minister may direct)after receipt of the report of the inspector referred to in subsec-tion (13)(d), or any submissions made to him or her under sub-section (15), the Minister, having considered the report, recom-mendations or submissions, as the case may be, shall decide forstated reasons—

(a) to issue the direction referred to in subsection (4)(b),

(b) not to issue the direction referred to in subsection(4)(b), or

(c) to issue the direction referred to in subsection (4)(b),which has been amended by the Minister to takeaccount of any of the matters referred to in subpara-graphs (i) or (ii) as the Minister considersappropriate:

(i) recommendations contained in the report of theinspector referred to in subsection (13)(d); or

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Amendment ofsection 31A ofPrincipal Act.

38


(ii) any submissions made pursuant to subsection(15).

(17) The direction issued by the Minister under subsection(16) is deemed to have immediate effect and its terms are con-sidered to be incorporated into the plan, or, if appropriate, toconstitute the plan.

(18) The Minister shall cause a copy of a direction issuedunder subsection (16) to be laid before each House of theOireachtas.

(19) As soon as may be after a direction is issued to a plan-ning authority under subsection (16), the planning authorityshall make the direction so issued available for inspection bymembers of the public, during office hours of the authority, atthe offices of the authority, and may also make the directionavailable by placing it on the authority’s website or otherwise inelectronic form.

(20) The Minister shall publish or cause to be published insuch manner as he or she considers appropriate directions issuedunder subsection (16).”.

22.—The Principal Act is amended by the substitution of the fol-lowing for section 31A (inserted by section 93 of the Act of 2008):

“31A.—(1) Where the Minister is of the opinion that—

(a) a regional authority, or authorities, as the case maybe, in making the regional planning guidelines hasignored, or has not taken sufficient account of sub-missions or observations made by the Minister to theregional authority or authorities under section 24 or26,

(b) the regional planning guidelines fail to provide a long-term strategic planning framework for the develop-ment of the region or regions, as the case may be, inrespect of which they are made, in accordance withthe principles of proper planning and sustainabledevelopment,

(c) the regional planning guidelines are not in compliancewith the requirements of this Act, or

(d) if applicable, in relation to a regional authority orauthorities whose regional area or part thereof is inthe Greater Dublin Area (GDA) that the guidelinesare not consistent with the transport strategy of theNational Transport Authority,

the Minister may, in accordance with this section, for statedreasons direct a regional authority or authorities, as the casemay be, to take such specified measures as he or she may requirein relation to that plan.

(2) Where the Minister issues a direction under this sectionthe regional authority or regional authorities, as the case maybe, notwithstanding anything contained in Chapter III of thisPart, shall comply with that direction and the Manager or


members shall not exercise a power or perform a function con-ferred on them by this Act in a manner that contravenes thedirection so issued.

(3) Before he or she issues a direction under this section, theMinister shall issue a notice in writing to a regional authority orregional authorities, as the case may be, no later than 4 weeksafter the guidelines are made.

(4) The notice referred to in subsection (3) shall, for statedreasons, inform the regional authority or regional authorities, asthe case may be, of—

(a) the forming of the opinion referred to in subsection(1),

(b) the intention of the Minister to issue a direction (adraft of which shall be contained in the notice) tothe regional authority, or authorities, as the case maybe, to take certain measures specified in the noticein order to ensure that the regional planning guide-lines are in compliance with the requirements of thisAct and to provide a long-term strategic planningframework for the development of the region, orregions, as the case may be, in accordance with theprinciples of proper planning and sustainabledevelopment,

(c) the part of the regional planning guidelines that byvirtue of the issuing of the notice shall be taken notto have come into effect, and

(d) if applicable, requiring the regional authority or auth-orities, as the case may be, to take measures speci-fied in the notice to ensure that the plan is in com-pliance with the transport strategy of the NationalTransport Authority.

(5) The Minister shall furnish a copy of the notice referredto in subsection (3) to the regional authority, or authorities, asthe case may be, and the National Transport Authority.

(6) (a) Notwithstanding anything contained in Chapter III, orany matter prescribed thereunder, regional planningguidelines shall not have effect in accordance withthat Chapter in relation to a matter contained in theguidelines which is referred to in a notice under sub-section (3).

(b) If a part of guidelines proposed to be replaced undersection 26 contains a matter that corresponds to anymatter contained in those guidelines which arereferred to in a notice under subsection (3), that partshall not, save where subsection (17) applies, ceaseto have effect in respect of that matter.

(7) No later than 2 weeks after receipt of the notice issuedby the Minister under subsection (3), the director of the regionalauthority, or authorities, as the case may be, shall publish noticeof the draft direction in at least one newspaper circulating in thearea of the regional authority, or authorities, as the case maybe, which shall state—

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(a) the reasons for the draft direction,

(b) that a copy of the draft direction may be inspected atsuch place or places as are specified in the noticeduring such period as may be so stated (being aperiod of not more than 2 weeks), and

(c) that written submissions or observations in respect ofthe draft direction may be made to the regional auth-ority, or authorities, as the case may be, during suchperiod and shall be taken into consideration by theMinister before he or she directs the regional auth-ority, or authorities, as the case may be, pursuant tothis section.

(8) No later than 4 weeks after the expiry of the periodreferred to in subsection (7)(b), the director shall prepare areport on any submissions or observations received under sub-section (7)(c) which shall be furnished to the Minister and themembers of the regional authority, or authorities, as the casemay be.

(9) The report referred to in subsection (8) shall—

(a) summarise the views of any person who made sub-missions or observations to the regional authority, orauthorities, as the case may be,

(b) summarise the views of and recommendations (if any)made by the members of the regional authority, orauthorities, as the case may be,

(c) make recommendations in relation to the best mannerin which to give effect to the draft direction.

(10) The members of the regional authority, or authorities,as the case may be, may make a submission to the Minister inrelation to the notice issued by him or her under subsection (3)at any time up to the expiry of the period of time referred to insubsection (7)(b).

(11) The Minister shall consider the report furnished undersubsection (8) and any submissions made to him or her undersubsection (10) and—

(a) where he or she believes that no material amendmentto the draft direction is required, or that furtherinvestigation is not necessary in order to clarify anyaspect of the report or submissions, he or she maydecide, no later than 3 weeks after the date of receiptof the report under subsection (8), for statedreasons—

(i) to issue the direction referred to in subsection(4)(b) with or without minor amendments, or

(ii) not to issue the direction referred to in subsec-tion (4)(b),

or

(b) where he or she believes that—


(i) a material amendment to the draft direction maybe required, or

(ii) further investigation is necessary in order to clar-ify any aspect of the report furnished under sub-section (8) or submissions made under subsec-tion (10), or

(iii) it is necessary for any other reason,

he or she may, for stated reasons, appoint an inspec-tor no later than 3 weeks after the date of receipt ofthe report under subsection (8).

(12) The inspector appointed under subsection (11)(b) shallbe a person who, in the opinion of the Minister, has satisfactoryexperience and competence to perform the functions requiredof him or her pursuant to this section and shall be independentin the performance of his or her functions.

(13) The inspector appointed under subsection (11)(b) hav-ing regard to the stated reasons for his or her appointment—

(a) shall review the draft direction, the report furnishedunder subsection (8) and submissions made undersubsection (10),

(b) shall consult with the regional authority, or auth-orities, as the case may be,

(c) may consult with persons who made submissionsunder subsection (7)(c), and

(d) shall no later than 3 weeks after he or she wasappointed, furnish a report containing recom-mendations to the Minister.

(14) Copies of the report of the inspector referred to in sub-section (13)(d) shall be furnished as quickly as possible by theMinister to the regional authority, or authorities, as the case maybe, and persons who made submissions under subsection (7)(c).

(15) The persons who have been furnished with the reportof the inspector referred to in subsection (13)(d) may make asubmission to the Minister in relation to any matter referred toin the report no later than 10 days after the receipt by them ofthe report.

(16) No later than 3 weeks (or as soon as may be during suchperiod extending that 3 week period as the Minister may direct)after receipt of the report of the inspector referred to in subsec-tion (13)(d), or any submissions made to him or her under sub-section (15), the Minister, having considered the report, recom-mendations or submissions, as the case may be, shall decide forstated reasons—

(a) to issue the direction referred to in subsection (4)(b),

(b) not to issue the direction referred to in subsection(4)(b), or

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Pt.2 S.22


42


(c) to issue the direction referred to in subsection (4)(b),which has been amended by the Minister to takeaccount of any of the matters referred to in subpara-graphs (i) or (ii) as the Minister considersappropriate:

(i) recommendations contained in the report of theinspector referred to in subsection (13)(d); or

(ii) any submissions made pursuant to subsection(15).

(17) The direction issued by the Minister under subsection(16) is deemed to have immediate effect and its terms are con-sidered to be incorporated into the regional planning guidelines,or, if appropriate, to constitute the guidelines.

(18) The Minister shall cause a copy of a direction issuedunder subsection (16) to be laid before each House of theOireachtas.

(19) As soon as may be after a direction is issued to aRegional authority or authorities, as the case may be, the auth-ority or authorities shall make the direction so issued availablefor inspection by members of the public, during office hours ofthe authority, at the offices of the authority, and may also makethe direction available by placing it on the authority’s websiteor otherwise in electronic form.

(20) The Minister shall publish or cause to be published insuch manner as he or she considers appropriate directions issuedunder subsection (16).”.



(i) by the substitution of “concerned would contravenematerially the development plan or local area plan”for “concerned would contravene materially thedevelopment plan”,

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

“(ii) copies of the notice shall be given toeach of the following—

(I) the applicant,

(II) a prescribed body which has beennotified of the application by theplanning authority, and

(III) any person who has made a sub-mission or observation in writingin relation to the development towhich the application relates,”,

(iii) in subparagraph (iii) by the substitution of “author-ity” for “authority, and”, and


(iv) by the insertion of the following subparagraph aftersubparagraph (iii):

“(iiia) not later than 6 weeks from the publi-cation of the notice under subpara-graph (i), the manager shall prepare areport for the planning authorityadvising the authority of his or heropinion regarding the compliance orotherwise of the proposed develop-ment under any relevant Ministerialguidelines under section 28 or any rel-evant policies or objectives of theGovernment or Minister of theGovernment or with any regionalplanning guidelines and the reportshall be considered by the authoritybefore a resolution is passed undersubparagraph (iv), and”,


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

“(b) Where a planning authority, within 8 weeksof the receipt of a planning application,serves notice in accordance with the per-mission regulations requiring the applicantto give to the authority further infor-mation or to produce evidence in respectof the application, the authority shallmake its decision on the application asfollows:

(i) within 4 weeks of the notice beingcomplied with, or

(ii) if in relation to further informationgiven or evidence produced in com-pliance with the notice, the planningauthority—

(I) considers that it contains signifi-cant additional data whichrequires the publication of anotice by the applicant in accord-ance with the permission regu-lations, and

(II) gives notice accordingly to theapplicant,

within 4 weeks beginning on the dayon which notice of that publication isgiven by the applicant to the plan-ning authority.

(c) Where, in the case of a planning applicationaccompanied by an environmental impactstatement or a Natura impact statement, aplanning authority serves a notice referred

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44


to in paragraph (b), the authority shallmake its decision as follows:

(i) within 8 weeks of the notice beingcomplied with, or

(ii) if in relation to further informationgiven or evidence produced in com-pliance with the notice, the planningauthority—

(I) considers that it contains signifi-cant additional data whichrequires the publication of anotice by the applicant in accord-ance with the permission regu-lations, and

(II) gives notice accordingly to theapplicant,

within 8 weeks beginning on the dayon which notice of that publication isgiven by the applicant to the plan-ning authority,”,

and

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

“(f) (i) Where a planning authority has failedto make a decision in relation to anapplication within the period speci-fied in paragraph (a), (b), (c), (d) or(e) as appropriate (referred to in thisparagraph as the ‘first period’) andbecomes aware, whether throughnotification by the applicant or other-wise, that it has so failed, the auth-ority shall proceed to make thedecision notwithstanding that the firstperiod has expired.

(ii) Where a planning authority fails tomake a decision within the firstperiod, it shall pay the appropriatesum to the applicant.

(iii) Where a planning authority fails tomake a decision within a period of 12weeks after the expiry of the firstperiod a decision (referred to in thisparagraph as the ‘deemed decision’)of the planning authority to grant thepermission shall be regarded as hav-ing been given on the last day of thatperiod of 12 weeks.

(iv) Any person, who has made sub-missions or observations in writing inrelation to the planning application tothe planning authority, may at any


time within the period of 4 weeksafter the expiry of the period of 12weeks referred to in subparagraph(iii), appeal the deemed decision.

(v) Subparagraphs (i) to (iv) shall notapply where there is a requirementunder Part X or Part XAB to carryout an environmental impact assess-ment, a determination whether anenvironmental impact assessment isrequired, or an appropriate assess-ment, in respect of the developmentrelating to which the authority hasfailed to make a decision.

(vi) Where the planning authority hasfailed to make a decision in relationto development where an environ-mental impact assessment, a determi-nation whether an environmentalimpact assessment is required, or anappropriate assessment is requiredwithin the first period and becomesaware, whether through notificationby the applicant or otherwise, that ithas so failed—

(I) the authority shall proceed tomake the decision notwithstand-ing that the first period hasexpired,

(II) where a planning authority fails tomake a decision within the firstperiod, it shall pay the appro-priate sum to the applicant,

(III) provided that no notice underparagraph (b) or (c) was servedon the applicant prior to theexpiry of the first period, wherea planning authority proceeds tomake a decision under clause (I)in relation to an application, itmay serve notice on the appli-cant, requiring the applicant togive to the authority furtherinformation or to produce evi-dence in respect of the appli-cation under paragraph (b) or(c), and paragraph (b) or (c) shallapply to such notice subject toany necessary modifications,

(IV) subject to service of a notice underparagraph (b) or (c) in accord-ance with clause (III), where aplanning authority fails to makea decision before the expiry ofthe period of 12 weeks beginningon the day immediately after the

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Pt.2 S.23

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day on which the first periodexpires, the authority shall, sub-ject to clause (V), pay the appro-priate sum to the applicant, andshall pay a further such sum tothe applicant where it fails tomake a decision before theexpiry of each subsequent periodof 12 weeks beginning immedi-ately after the preceding 12week period,

(V) not more than 5 payments of theappropriate sum shall be madeby a planning authority to anapplicant in respect of the failureby the authority to make adecision in relation to anapplication,

(VI) where a planning authority makesa decision in relation to an appli-cation more than one year afterthe expiration of the first periodthe authority, before making thedecision—

(A) notwithstanding that noticehas been previously pub-lished in relation to theapplication, shall require theapplicant to publishadditional such notice con-cerning the planning appli-cation in accordance withthe permission regulations(and the planning authorityshall refund the costs of sopublishing to the applicant),

(B) notwithstanding that notice ofthe application has pre-viously been given to pre-scribed bodies, shall giveadditional such notice inaccordance with the per-mission regulations, and

(C) notwithstanding anythingcontained in paragraph (b)or (c), or that the authorityhas previously been givenfurther information or evi-dence under those para-graphs may require theapplicant to give to the auth-ority further information orto produce evidence inrespect of the application asthe authority requires andparagraph (b) or (c), asappropriate, shall apply to


such additional request sub-ject to any necessary modi-fications,

and the planning authority shallconsider any submissions madein accordance with the Regu-lations following on suchadditional notices, or additionalfurther information or evidenceproduced under this clause.

(vii) Any payment or refund due to be paidunder this paragraph shall be paid assoon as may be and in any event notlater than 4 weeks after it becomesdue.

(viii) In this paragraph, ‘appropriate sum’means a sum which is equal to thelesser amount of 3 times the pre-scribed fee paid by the applicant tothe planning authority in respect ofhis or her application for permissionor €10,000.”,

(c) by the substitution of the following subsections for subsec-tion (12):

“(12) A planning authority shall refuse to consider anapplication to retain unauthorised development of landwhere the authority decides that if an application for per-mission had been made in respect of the development con-cerned before it was commenced the application wouldhave required that one or more than one of the followingwas carried out—

(a) an environmental impact assessment,

(b) a determination as to whether an environmentalimpact assessment is required, or

(c) an appropriate assessment.

(12A) For the purposes of subsection (12), if an appli-cation for permission had been made in respect of the fol-lowing development before it was commenced, the appli-cation shall be deemed not to have required adetermination referred to at subsection (12)(b):

(a) development within the curtilage of a dwellinghouse, for any purpose incidental to the enjoy-ment of the dwelling house as a dwellinghouse;

(b) modifications to the exterior of a building.

(12B) Where a planning authority refuses to consideran application for permission under subsection (12) it shallreturn the application to the applicant, together with any

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Pt.2 S.23


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fee received from the applicant in respect of the appli-cation, and shall give reasons for its decision to theapplicant.

(12C) Subject to subsections (12) and (12A), an appli-cation for development of land in accordance with the per-mission regulations may be made for the retention ofunauthorised development, and this section shall apply tosuch an application, subject to any necessary modi-fications.”.



“(1) Where, having regard to—

(a) any information furnished pursuant to regu-lations made under section 33(2)(l),

(b) any information available to the planning auth-ority concerning development carried out by aperson to whom this section applies pursuantto a permission (in this section referred to as a‘previous permission’) granted to the applicantor to any other person under this Part or PartIV of the Act of 1963,

(c) any information otherwise available to the plan-ning authority concerning a substantialunauthorised development, or

(d) any information concerning a conviction for anoffence under this Act,

the planning authority is satisfied that a person to whomthis section applies is not in compliance with a previouspermission or with a condition to which the previous per-mission is subject, has carried out a substantial unauthor-ised development, or has been convicted of an offenceunder this Act, the authority may form the opinion—

(i) that there is a real and substantial risk that thedevelopment in respect of which permission issought would not be completed in accordancewith such permission if granted or with a con-dition to which such permission if grantedwould be subject, and

(ii) that accordingly planning permission should notbe granted to the applicant concerned inrespect of that development.”,

(b) by the substitution of the following subsection for subsec-tion (4) (inserted by section 9 of the Act of 2006):

“(4) If the planning authority considers that there aregood grounds for its being able to form the opinion undersubsection (1) in relation to an application for permissionin respect of the development concerned and, accordingly,


to exercise the power under subsection (5) to refuse thatpermission, it shall serve a notice in writing on the appli-cant to that effect and that notice shall—

(a) specify the non compliance with a previous per-mission or condition of a previous permission,substantial unauthorised development, or con-viction for an offence under this Act, as thecase may be, that the authority intends to takeinto consideration with regard to the proposedexercise of that power, and

(b) invite the applicant to make submissions to theauthority within a period specified in the noticeas to why the applicant considers that the auth-ority should not exercise that power (whetherbecause the applicant contends that the viewsof the authority in relation to the failure tocomply by the applicant or any other personto whom this section applies with any previouspermission, or any condition to which it is sub-ject, the carrying out of substantial unauthor-ised development or conviction for an offenceunder this Act, as the case may be, are incor-rect or that there are not good grounds for for-ming the opinion under subsection (1)).”,


(i) in paragraph (b) by the substitution of “carried out adevelopment pursuant to a previous permission,carried out a substantial unauthorised developmentor has been convicted of an offence under this Act,”,for “carried out a development referred to in subsec-tion (1)(b),”,

(ii) in paragraph (c)(i) by the substitution of “carried outa development pursuant to a previous permission,carried out a substantial unauthorised developmentor has been convicted of an offence under this Act,”for “carried out a development referred to in subsec-tion (1)(b),”, and

(iii) in paragraph (d), by the substitution of “carried out adevelopment pursuant to a previous permission,carried out a substantial unauthorised developmentor has been convicted of an offence under this Act,”for “carried out a development referred to in subsec-tion (1)(b),”.

25.—Section 37A (inserted by section 3 of the Act of 2006) of thePrincipal Act is amended by the insertion of the following subsectionafter subsection (3):

“(4) (a) Notwithstanding subsection (1), where an applicationfor permission is being made in relation to adevelopment specified in the Seventh Schedule thatis located in a strategic development zone, the appli-cant may elect to make the application to the plan-ning authority under section 34 and regulationsmade thereunder.

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Pt.2 S.25

Amendment ofsection 37H ofPrincipal Act.


50


(b) Section 170 shall apply to an application made underparagraph (a).

(c) Section 37B shall not apply to an application madeunder paragraph (a).”.

26.—Section 37H(2) (inserted by section 3 of the Act of 2006) ofthe Principal Act is amended by the substitution of the followingparagraph for paragraph (c):

“(c) the sum due to be paid to the Board towards the costsincurred by the Board of—

(i) conducting consultations entered into by anapplicant under section 37B,

(ii) compliance by the Board with a request by anapplicant for an opinion of the Board undersection 37D, or

(iii) determining an application under section 37E,

and, in such amount as the Board considers to bereasonable, state the sum to be paid and direct thepayment of the sum to any planning authority thatincurred costs during the course of consideration ofthat application and to any other person as a contri-bution to the costs incurred by that person duringthe course of consideration of that application (eachof which sums the Board may, by virtue of this sub-section, require to be paid).”.


(a) in subsection (1), by the substitution of “at the offices ofthe authority and may also be made available by theauthority by placing the documents on the authority’swebsite or otherwise in electronic form” for “at theoffices of the authority”,

(b) by the insertion of the following subsection after subsec-tion (1):

“(1A) Details of any telephone numbers of the appli-cant or addresses for communication with the applicant inelectronic form provided by or on behalf of the applicantshall be taken not to be part of the planning applicationand shall not be made available by a planning authority tomembers of the public.”,

and

(c) in subsection (3) by the substitution of “during officehours of the authority from as soon as may be afterreceipt of the document until a decision is made on theapplication and may also be made available by the auth-ority by placing the documents on the authority’s websiteor otherwise in electronic form.” for “at the office hoursof the authority from as soon as may be after receipt of


the document until a decision is made on theapplication.”.

28.—The Principal Act is amended by the substitution of the fol-lowing section for section 42:

“42.—(1) On application to it in that behalf a planning auth-ority shall, as regards a particular permission, extend the appro-priate period by such additional period not exceeding 5 years asthe authority considers requisite to enable the development towhich the permission relates to be completed provided that eachof the following requirements is complied with:

(a) either—

(i) the authority is satisfied that—

(I) the development to which the permissionrelates was commenced before the expir-ation of the appropriate period sought tobe extended,

(II) substantial works were carried out pursuantto the permission during that period, and

(III) the development will be completed within areasonable time,

or

(ii) the authority is satisfied—

(I) that there were considerations of a commer-cial, economic or technical nature beyondthe control of the applicant which substan-tially militated against either the com-mencement of development or the carryingout of substantial works pursuant to theplanning permission,

(II) that there have been no significant changesin the development objectives in thedevelopment plan or in regional develop-ment objectives in the regional planningguidelines for the area of the planning auth-ority since the date of the permission suchthat the development would no longer beconsistent with the proper planning andsustainable development of the area,

(III) that the development would not be incon-sistent with the proper planning and sus-tainable development of the area havingregard to any guidelines issued by the Mini-ster under section 28, notwithstanding thatthey were so issued after the date of thegrant of permission in relation to which anapplication is made under this section, and

(IV) where the development has not commenced,that an environmental impact assessment,

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52


or an appropriate assessment, or both ofthose assessments, if required, was or werecarried out before the permission wasgranted.

(b) the application is in accordance with such regulationsunder this Act as apply to it,

(c) any requirements of, or made under those regulationsare complied with as regards the application, and

(d) the application is duly made prior to the end of theappropriate period.

(2) In extending the appropriate period under subsection (1)a planning authority may attach conditions requiring the givingof adequate security for the satisfactory completion of the pro-posed development, and/or may add to or vary any conditions towhich the permission is already subject under section 34(4)(g).

(3) (a) Where an application is duly made under this sectionto a planning authority and any requirements of, ormade under, regulations under section 43 are com-plied with as regards the application, the planningauthority shall make its decision on the applicationas expeditiously as possible.

(b) Without prejudice to the generality of paragraph (a),it shall be the objective of the planning authority toensure that it shall give notice of its decision on anapplication under this section within the period of 8weeks beginning on—

(i) in case all of the requirements referred to in para-graph (a) are complied with on or before theday of receipt by the planning authority of theapplication, that day, and

(ii) in any other case, the day on which all of thoserequirements stand complied with.

(4) A decision to extend an appropriate period shall be madeonce and once only under this section and a planning authorityshall not further extend the appropriate period.

(5) Particulars of any application made to a planning auth-ority under this section and of the decision of the planning auth-ority in respect of the application shall be recorded on the rel-evant entry in the register.

(6) Where a decision to extend is made under this section,section 40 shall, in relation to the permission to which thedecision relates, be construed and have effect, subject to, and inaccordance with, the terms of the decision.

(7) Notwithstanding subsection (1) or (4), where a decisionto extend an appropriate period has been made by a planningauthority prior to the coming into operation of this section, theplanning authority, where an application is made to it in thatbehalf prior to the expiration of the period by which the appro-priate period was extended, may further extend the appropriate


period provided that each of the following requirements is com-plied with—

(i) an application is made in that behalf in accord-ance with regulations under section 43,

(ii) any requirements of, or made under, the regu-lations are complied with as regards the appli-cation, and

(iii) the authority is satisfied that the relevantdevelopment has not been completed due to cir-cumstances beyond the control of the personcarrying out the development.”.

29.—Section 42A of the Principal Act (inserted by section 238 ofthe National Asset Management Agency Act 2009) is amended asfollows:

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

“(1) On application to it in that behalf a planning auth-ority shall, as regards a particular permission, extend theappropriate period by such additional period notexceeding 5 years as the authority considers requisite toenable the development to which the permission relates tobe completed provided that each of the following require-ments is complied with:

(a) either—

(i) the authority is satisfied that—

(I) the development to which the per-mission relates was commencedbefore the expiration of the appro-priate period sought to be extended,

(II) substantial works were carried out pur-suant to the permission during thatperiod, and

(III) the development will be completedwithin a reasonable time,

or

(ii) the authority is satisfied—

(I) that there were considerations of acommercial, economic or technicalnature beyond the control of theapplicant which substantially mili-tated against either the commence-ment of development or the carryingout of substantial works pursuant tothe planning permission,

(II) that there have been no significantchanges in the development objec-tives in the development plan or in

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Pt.2 S.29

54


regional development objectives inthe regional planning guidelines forthe area of the planning authoritysince the date of the permission suchthat the development would nolonger be consistent with the properplanning and sustainable develop-ment of the area,

(III) that the development would not beinconsistent with the proper planningand sustainable development of thearea having regard to any guidelinesissued by the Minister under section28, notwithstanding that they were soissued after the date of the grant ofpermission in relation to which anapplication is made under thissection, and

(IV) where the development has not com-menced, that an environmentalimpact assessment, or an appropriateassessment, or both of those assess-ments, if required, was or werecarried out before the permissionwas granted,

(b) the application is in accordance with such regu-lations under this Act as apply to it,

(c) any requirements of, or made under those regu-lations are complied with as regards the appli-cation, and

(d) the application is duly made prior to the end ofthe appropriate period.”,

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

“(2) In extending the appropriate period under subsec-tion (1) a planning authority may attach conditions requir-ing the giving of adequate security for the satisfactorycompletion of the proposed development, and/or may addto or vary any conditions to which the permission isalready subject under section 34(4)(g).”,

(c) by the insertion of the following after subsection (7):

“(8) Notwithstanding subsection (1) or (4), where adecision to extend an appropriate period has been madeby a planning authority prior to the coming into operationof this section, the planning authority, where an appli-cation is made to it in that behalf prior to the expirationof the period by which the appropriate period wasextended, may further extend the appropriate period pro-vided that each of the following requirements is compliedwith—

(i) an application is made in that behalf inaccordance with regulations undersection 43,


(ii) any requirements of, or made under, theregulations are complied with as regardsthe application, and

(iii) the authority is satisfied that the relevantdevelopment has not been completed dueto circumstances beyond the control of theperson carrying out the development.”.


(a) in subsection (12)(b), by the substitution of the followingsubparagraphs for subparagraphs (i) and (ii)—

“(i) are not commenced within 5 years of thedate of payment to the authority of thecontribution (or final instalment thereof,if paid by phased payment under subsec-tion (15)(a)),

(ii) have commenced, but have not been com-pleted within 7 years of the date of pay-ment to the authority of the contribution(or final instalment thereof, if paid byphased payment under subsection(15)(a)), or”,


(i) in paragraph (c) by the substitution of “service con-nections, watermains and flood relief work” for“drains and watermains”,

(ii) by the substitution of the following paragraphs forparagraphs (e) and (f):

“(e) the refurbishment, upgrading, enlargementor replacement of roads, car parks, carparking places, sewers, waste water andwater treatment facilities, service connec-tions or watermains,

(f) the provision of high-capacity telecom-munications infrastructure, such asbroadband,

(g) the provision of school sites, and

(h) any matters ancillary to paragraphs (a) to(g).”.


(a) by the substitution of the following subsections for subsec-tion (1)—

“(1) A planning authority may, when granting a per-mission under section 34, include conditions requiring thepayment of a contribution in respect of any public infra-structure service or project—

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Pt.2 S.31

56


(a) specified in a scheme made by the planningauthority (in this section referred to as a‘supplementary development contributionscheme’),

(b) provided or carried out or proposed to be pro-vided or carried out—

(i) by a planning authority,

(ii) where the provision of the infrastructureconcerned is an objective in the develop-ment plan of a planning authority, or of aplanning scheme of the Dublin DocklandsDevelopment Authority under section 25of the Dublin Docklands DevelopmentAct 1997, by a public authority, or, pursu-ant to an agreement entered into by apublic authority with any other person, bythat person, or

(iii) pursuant to an agreement entered into by alocal authority with any other person, bythat person,

and

(c) that will benefit the development to which thepermission relates when carried out.

(1A) In this section, ‘public authority’ means any bodyestablished by or under statute which is for the time beingdeclared, by regulations made by the Minister, to be apublic authority for the purposes of this section.”,

(b) by the insertion of the following new subsection after sub-section (3):

“(3A) Notwithstanding subsection (3) and section48(10), the Board shall consider an appeal brought to it byan applicant for permission under section 34, in relation toa condition requiring the payment of a contribution inrespect of a public infrastructure service or project speci-fied in a supplementary development contribution scheme,where the applicant considers that the service or projectwill not benefit the development to which the permissionrelates and section 48(13) shall apply to such an appeal.”,

and

(c) in subsection (7) by the substitution of the following para-graphs for paragraph (c)—

“(c) the provision of particular new sewers, wastewater and water treatment facilities, serviceconnections or watermains and ancillary infra-structure,

(d) the provision of new schools and ancillary infra-structure.”.


32.—Section 50A of the Principal Act is amended by the substi-tution of the following subsection for subsection (2):

“(2) (a) An application for section 50 leave shall be made bymotion ex parte and shall be grounded in the mannerspecified in the Order in respect of an ex partemotion for leave.

(b) The Court hearing the ex parte application for leavemay decide, having regard to the issues arising, thelikely impact of the proceedings on the respondentor another party, or for other good and sufficientreason, that the application for leave should be con-ducted on an inter partes basis and may adjourn theapplication on such terms as it may direct in orderthat a notice may be served on that person.

(c) If the Court directs that the leave hearing is to beconducted on an inter partes basis it shall be bymotion on notice (grounded in the manner specifiedin the Order in respect of an ex parte motion forleave)—

(i) if the application relates to a decision made orother act done by a planning authority or localauthority in the performance or purported per-formance of a function under this Act, to theauthority concerned and, in the case of adecision made or other act done by a planningauthority on an application for permission, tothe applicant for the permission where he or sheis not the applicant for leave,

(ii) if the application relates to a decision made orother act done by the Board on an appeal orreferral, to the Board and each party or eachother party, as the case may be, to the appealor referral,

(iii) if the application relates to a decision made orother act done by the Board on an applicationfor permission or approval, to the Board andto the applicant for the permission or approvalwhere he or she is not the applicant for leave,

(iv) if the application relates to a decision made orother act done by the Board or a local authorityin the performance or purported performanceof a function referred to in section 50(2)(b) or(c), to the Board or the local authority con-cerned, and

(v) to any other person specified for that purpose byorder of the High Court.

(d) The Court may—

(i) on the consent of all of the parties, or

(ii) where there is good and sufficient reason for sodoing and it is just and equitable in all the cir-cumstances,

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Costs inenvironmentalmatters.

58


treat the application for leave as if it were the hear-ing of the application for judicial review and may forthat purpose adjourn the hearing on such terms as itmay direct.”.

33.—The Principal Act is amended by the insertion of the follow-ing new section after section 50A:

“50B.—(1) This section applies to proceedings of the follow-ing kinds:

(a) proceedings in the High Court by way of judicialreview, or of seeking leave to apply for judicialreview, of—

(i) any decision or purported decision made or pur-portedly made,

(ii) any action taken or purportedly taken, or

(iii) any failure to take any action,

pursuant to a law of the State that gives effect to—

(I) a provision of Council Directive 85/337/EECof 27 June 1985 to which Article 10a(inserted by Directive 2003/35/EC of theEuropean Parliament and of the Council of26 May 2003 providing for public partici-pation in respect of the drawing up of cer-tain plans and programmes relating to theenvironment and amending with regard topublic participation and access to justiceCouncil Directive 85/337/EEC and96/61/EC) of that Council Directive applies,

(II) Directive 2001/42/EC of the European Par-liament and of the Council of 27 June 2001on the assessment of the effects of certainplans and programmes on the envir-onment, or

(III) a provision of Directive 2008/1/EC of theEuropean Parliament and of the Council of15 January 2008 concerning integrated pol-lution prevention and control to whichArticle 16 of that Directive applies; or

(b) an appeal (including an appeal by way of case stated)to the Supreme Court from a decision of the HighCourt in a proceeding referred to in paragraph (a);

(c) proceedings in the High Court or the Supreme Courtfor interim or interlocutory relief in relation to a pro-ceeding referred to in paragraph (a) or (b).

(2) Notwithstanding anything contained in Order 99 of theRules of the Superior Courts and subject to subsections (3) and(4), in proceedings to which this section applies, each party(including any notice party) shall bear its own costs.


(3) The Court may award costs against a party in proceedingsto which this section applies if the Court considers it appropriateto do so—

(a) because the Court considers that a claim or counter-claim by the party is frivolous or vexatious,

(b) because of the manner in which the party has conduc-ted the proceedings, or

(c) where the party is in contempt of the Court.

(4) Subsection (2) does not affect the Court’s entitlement toaward costs in favour of a party in a matter of exceptional publicimportance and where in the special circumstances of the caseit is in the interests of justice to do so.

(5) In this section a reference to ‘the Court’ shall be con-strued as, in relation to particular proceedings to which thissection applies, a reference to the High Court or the SupremeCourt, as may be appropriate.”.

34.—Section 57(1) of the Principal Act is amended by the substi-tution of “Notwithstanding section 4(1)(a), (h), (i), (j), (k), or (l)and any regulations made under section 4(2),” for “Notwithstandingsection 4(1)(h)”.

35.—Section 82 of the Principal Act is amended in paragraph (a)by the substitution of “Notwithstanding section 4(1)(a), (h), (i), (j),(k) or (l), and any regulations made under section 4(2),” for “Not-withstanding section 4(1)(h)”.

36.—Section 87 of the Principal Act is amended in paragraph (a)by the substitution of “Notwithstanding section 4(1)(a), (h), (i), (j),(k) or (l), and any regulations made under section 4(2),” for “Not-withstanding section 4(1)(h)”.

37.—Section 93(1) of the Principal Act is amended by the deletionof the definition of “housing strategy”.


(a) in subsection (3)(b)—

(i) by the insertion of the following subparagraph aftersubparagraph (vi):

“(via) one of the following—

(I) the entry into a rental accom-modation availability agreement(which term shall, in this section,have the meaning given to it bysection 2 of the Housing(Miscellaneous Provisions) Act2009) with the planning auth-ority, under Part 2 of that Act, inrespect of, or

59

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Amendment ofsection 57 of thePrincipal Act.





Pt.2 S.38


60


(II) a grant of a lease to the planningauthority of,

houses on the land which is subject tothe application for permission, or anyother land within the functional areaof the planning authority of suchnumber and description as may bespecified in the agreement,”,

(ii) in subparagraph (viii) by the substitution of “in subpa-ragraphs (i) to (via)” for “subparagraphs (i) to (vi)”,

(iii) by the insertion of the following new paragraph afterparagraph (d):

“(da) Where a planning authority proposes toenter into a rental accommodation avail-ability agreement or to take a lease inaccordance with an agreement under para-graph (b), then, to the extent as may beappropriate the payment to be made, orthe rent payable by the planning authorityas the case may be shall be reduced(without prejudice to any other relevantdiscount or allowance) by such amount asmay be agreed or in default of agreementas may be prescribed by the Minister astakes account of the obligations imposedby this section and in particular theattribution to the site cost of the housesof a value calculated in accordance withsubsection (6).”,

(b) in subsection (7)(a), by the insertion of the following sub-paragraph after subparagraph (ii):

“(iia) the number of houses, and the amount tobe paid, or rent payable, therefor under arental accommodation availability agree-ment or a lease under subsection(3)(b)(via)”,

(c) in subsection (8) by the substitution of “the planning auth-ority, applicant or any other person” for “the applicantor any other person”.



(i) by the substitution of “number of applications,appeals” for “number of appeals”,

(ii) by the substitution of “under section 37J, 126, 177C,177E or 221, or section 47E of the Act of 2001” for“under section 126”,

(b) by the insertion of the following new subsection after sub-section (2):


“(2A) Subject to section 108(1), and notwithstandingsection 106(5), the Minister shall not fill one or more thanone vacancy that arises in relation to an ordinary member,for such period as he or she considers appropriate, wherehe or she is of the opinion that the number of applications,appeals, referrals or other functions conferred on theBoard by or under this Act is at such a level so as tonecessitate that the vacancy is not filled and that the Boardshall, notwithstanding the reduction in the number ofBoard members be able to fulfil its duty and objectiveunder section 37J, 126, 177C, 177E or 221, or section 47Eof the Act of 2001 or otherwise satisfactorily perform thefunctions so conferred.”,


(i) in paragraph (a)—

(I) by the substitution of “number of applications,appeals” for “number of appeals”,

(II) by the substitution of “the Minister may, subjectto paragraphs (b) and (c),” for “the Ministermay, pending the making and approval of anorder under subsections (2) and (3) of thissection”,

(III) by the substitution of “Civil Service RegulationActs 1956 to 2005” for “Civil Service RegulationAct 2005”,

(ii) in paragraph (b), by the substitution of “12 months”for “9 months”,

(iii) by the insertion of the following paragraph after para-graph (b):

“(c) The Minister shall appoint not more than 3persons under this subsection at any onetime, and the number of ordinarymembers appointed under this subsectionshall not exceed one third of the totalnumber of ordinary members at any onetime.”.

40.—Section 106 of the Principal Act is amended in subsection (1),by the substitution of the following for paragraph (e):

“(e) one member who, in the Minister’s opinion, has satis-factory experience, competence or qualifications asrespects issues relating to the environment and sus-tainability.”.



“(1) Subject to subsection (1A) (inserted by section 41)a quorum for a meeting of the Board shall be 3.”,

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Pt.2 S.41



62


(b) by the insertion of the following subsections after subsec-tion (1):

“(1A) The Board may determine by resolution, if sorequested by the chairperson (or the deputy chairpersonif the chairperson is not available or where the office ofchairperson is vacant) where he or she is of the opinionthat it is necessary to ensure the efficient discharge of thebusiness of the Board, that the quorum for a meeting ofthe Board, or, notwithstanding section 112(2), a divisionof the Board referred to in section 112, should be 2.

(1B) The resolution referred to in subsection (1A) shallspecify the functions of the Board or division of the Boardwhich may be performed in a meeting with a quorum of 2and the period of time during which the specified functionsmay be performed.

(1C) The chairperson or deputy chairperson shall notrequest a resolution of the Board referred to in subsection(1A) for the purposes of any matter falling to be deter-mined by the Board or division of the Board under thisAct in relation to—

(a) development that would materially contravenethe relevant development plan,

(b) strategic infrastructure development, or

(c) a development or class of development referredto in regulations made under section 176.

(1D) If, in determining by vote a question at a meetingof the Board or a division of the Board with a quorum of2, the voting is equally divided, the matter that is the sub-ject of the vote shall be referred to a meeting of the Boardwith a quorum of 3 and section 111(4) shall apply inrelation to the determination of the question.”.

(c) in subsection (4), by the substitution of “officers of theMinister who are established civil servants for the pur-poses of the Civil Service Regulation Acts 1956 to 2005”for “officers referred to in section 106(1)(e)”.

42.—Section 130(5) of the Principal Act is amended by the substi-tution of “which subject to the Environmental Impact AssessmentDirective or Transboundary Convention” for “which is subject to theCouncil Directive or Transboundary Convention”.


(a) in subsection (2) by the substitution of “given by theBoard under subsection (2A) or (2B))” for “given by theBoard under subsection (2A))”,

(b) by the insertion of the following subsections after subsec-tion (2A):

“(2AB) The Board may in its absolute discretion, fol-lowing a recommendation in relation to the matter from a


person assigned under section 146, give a direction to aperson assigned to conduct an oral hearing that he or sheshall only allow points or arguments in relation to speci-fied matters during the oral hearing.

(2AC) Where a direction is given by the Board undersubsection (2AB), the person to whom it is given shallcomply with it (and accordingly, is enabled to make sucha requirement) unless that person forms the opinion thatit is necessary, in the interests of observing fair procedures,to allow a point or an argument to be made during the oralhearing in relation to matters not specified in the direction.

(2AD) The Board shall give a notice of its directionunder subsection (2AB) to—

(i) each party, in the case of an appeal orreferral,

(ii) the applicant and planning authority, in thecase of an application under this Act, fora railway order under the Act of 2001, orfor approval under section 51 of the RoadsAct 1993, and

(iii) each person who has made objections, sub-missions or observations to the Board inthe case of an appeal, referral orapplication.

(2AE) The points or summary of the arguments that aperson intending to appear at the oral hearing shall submitto the person conducting the hearing, where a directionhas been given under subsections (2A) and (2AB), shallbe limited to points or arguments in relation to mattersspecified in the direction under subsection (2AB).”,

(c) In subsection (2B) (inserted by section 23 of the Act of2006), by the insertion of the following paragraph afterparagraph (d):

“(dd) may refuse to allow the making of a point or anargument in relation to any matter where—

(i) a direction has been given under subsection(2AB) and the matter is not specified inthe direction, and

(ii) he or she has not formed the opinionreferred to in subsection (2AC).”.

44.—Section 144 of the Principal Act is amended by the substi-tution of the following subsections for subsection (1):

“(1) The Board may determine fees that may be charged,subject to the approval of the Minister, in relation to any matterreferred to in subsection (1A) and a fee as so determined shallbe payable to the Board by any person concerned asappropriate.

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Pt.2 S.44


64


(1A) The matters in relation to which the Board may deter-mine fees under subsection (1) are:

(a) an appeal or referral;

(b) an application to the Board for any strategic infra-structure development or an application for leave toappeal under section 37(6)(a);

(c) an application for a consultation under section 37B,181C, or 182E or under section 47B of the Act of2001;

(d) a request under section 146B;

(e) a request for a written opinion on the information tobe contained in an environmental impact assessmentunder section 173(3), under section 39 of the Act of2001 or under section 50 of the Roads Act 1993;

(f) an application for leave to apply for substitute consentor an application for substitute consent under PartXA;

(g) submission of an environmental impact statement inaccordance with a request by the Board to furnishsame;

(h) submission of a Natura impact statement in accord-ance with a request by the Board to furnish same;

(i) request for an oral hearing under section 134 or177Q; and

(j) making a submission or observation under section37E, 37F, 130, 135(2B)(e), 146B, 146C, 146D, 175,181A, 182A, 182C, 217B, or 226, section 51 of theRoads Act 1993, section 40 (other than by personsrequired to be served with a notice under section40(1)(d)), section 41, or section 47D of the Act of2001 or making an objection under section 48 of theRoads Act 1993 (other than by persons on whomnotice is served under section 48(b)).

(1B) The Board may, subject to the approval of the Minister,provide for the payment of different fees in relation to differentclasses or descriptions of matters referred to in subsection(1A)(a) to (j), for exemption from the payment of fees in speci-fied circumstances and for the waiver, remission or refund inwhole or in part of fees in specified circumstances.”.

45.—Section 153 of the Principal Act is amended:

(a) in subsection (1), by the insertion of “or make an appli-cation under section 160” after “issue an enforcementnotice”,

(b) by the insertion of the following new subsections after sub-section (5):


“(6) The planning authority instead of issuing anenforcement notice under this section, may decide to makean application under section 160.

(7) Where a planning authority establishes, followingan investigation under this section that unauthoriseddevelopment (other than development that is of a trivialor minor nature) has been or is being carried out and theperson who has carried out or is carrying out the develop-ment has not proceeded to remedy the position, then theauthority shall issue an enforcement notice under thissection or make an application pursuant to section 160unless there are compelling reasons for not doing so.”.


(a) in subsection (1)(b) by the substitution of “€5,000” for“£1,500”,

(b) in subsection (2)(b) by the substitution of “€1,500” for“£400”,

(c) in subsection (3)(b) by the substitution of “€2,500” for“£500”,

(d) in subsection (4) by the substitution of “€5,000” for“£1,500”,

(e) in subsection (5) by the substitution of “€1,500” for“£400”, and

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

“(8) Where a person is convicted of an offence undersection 154, the Court in addition to imposing a penaltyreferred to in subsection (1) or (2) as the case may be,may order the person so convicted to take all or any stepsspecified in the relevant enforcement notice within suchperiod as the Court considers appropriate.”.


(a) by the insertion of the following paragraph after para-graph (a):

“(aa) Where the development was carried out notmore than seven years prior to the date onwhich this section comes into operation, andnotwithstanding paragraph (a), a warning let-ter or enforcement notice may issue, or pro-ceedings may be commenced, at any time inrespect of the following development:

(i) operation of a quarry;

(ii) extraction of peat.”,

(b) In paragraph (b), by the insertion of “a warning letter orenforcement notice may issue,” after “paragraph (a)”.

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Pt.2




66


48.—Section 160(6) of the Principal Act is amended by the inser-tion of the following paragraph after paragraph (a):

“(aa) Where the development was carried out not morethan seven years prior to the date on which thissection comes into operation, and notwithstandingparagraph (a), an application for an order under thissection may be made at any time in respect of thefollowing development:

(i) operation of a quarry;

(ii) extraction of peat.”.

49.—Section 162 of the Principal Act is amended in subsection (3)by the substitution of “section 34(12C)” for “section 34(12)”.

50.—Section 168 of the Principal Act is amended:

(a) by the substitution of the following subsections for subsec-tion (1):

“(1) Subject to subsection (1A), as soon as may be afterthe making of an order designating a site under section166—

(a) the relevant development agency (other than alocal authority) or, where an agreementreferred to in section 167 has been made, therelevant development agency (other than alocal authority) and any person who is a partyto the agreement shall prepare a draft planningscheme in respect of all or any part of the siteand submit it to the relevant planningauthority,

(b) the local authority, where it is the developmentagency, or where an agreement referred to insection 167 has been made, the local authorityand any person who is a party to the agreementshall prepare a draft planning scheme inrespect of all or any part of the site.

(1A) The first draft planning scheme under subsection(1) in respect of all or any part of a site designated undersection 166, shall be prepared not later than 2 years afterthe making of the order so designating the site.”,

(b) in subsection (2), by the substitution of:

“A draft planning scheme under this section shall consistof a written statement and a plan indicating the manner inwhich it is intended that the site or part of the site desig-nated under section 166 to which the scheme relates is tobe developed and in particular—”

for

“A draft planning scheme under this section shall consistof a written statement and a plan indicating the manner in


which it is intended that the site is to be developed andin particular—”,

and,


“(3A) An appropriate assessment of a draft planningscheme shall be carried out in accordance with PartXAB.”.


(a) in subsection (4), by the substitution of the following para-graphs for paragraph (b):

“(b) The draft planning scheme shall be deemed tobe made 6 weeks after the submission of thatdraft planning scheme and report to themembers of the planning authority in accord-ance with subsection (3) unless the planningauthority decides, by resolution, to—

(i) make, subject to variations and modifi-cations, the draft planning scheme (andthe passing of such a resolution shall besubject to paragraphs (ba) and (be)), or

(ii) not to make the draft planning scheme.

(ba) The planning authority shall determine if a stra-tegic environmental assessment or an appro-priate assessment or both such assessments, asthe case may be, is or are to be carried out asrespects one or more than one proposed vari-ation or modification that would, if made, be amaterial alteration of the draft planningscheme.

(bb) The manager shall, not later than 2 weeks aftera determination under paragraph (ba) specifysuch period as he or she considers necessaryfollowing the determination as being requiredto facilitate an assessment referred to in para-graph (ba).

(bc) The planning authority shall publish notice ofthe proposed material alteration, and whereappropriate in the circumstances, the makingof a determination that an assessment referredto in paragraph (ba) is required, in at least onenewspaper circulating in its area.

(bd) The notice referred to in paragraph (bc) shallstate—

(i) that a copy of the proposed material alter-ation and of any determination by theauthority that an assessment referred to inparagraph (ba) is required may be

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Interpretation.

68


inspected at a stated place or places andat stated times, and on the authority’swebsite, during a stated period of not lessthan 4 weeks (and that copies will be keptfor inspection accordingly), and

(ii) that written submissions or observationswith respect to the proposed materialalteration or an assessment referred to inparagraph (ba) and made to the planningauthority within a stated period shall betaken into account by the authority beforethe draft planning scheme is made.

(be) The planning authority shall carry out an assess-ment referred to in paragraph (ba) of the pro-posed material alteration of the draft planningscheme within the period specified by themanager.”,

and

(b) in subsection (7), by the substitution of the following para-graphs for paragraph (a):

“(a) The Board may, following the consideration ofan appeal made under this section, approve themaking of the planning scheme, with or with-out any modifications (and paragraph (aa)shall apply in relation to any modifications) orit may refuse to approve it.

(aa) A modification made by the Board on appealmay be made where it is minor in nature andtherefore not likely to have significant effectson the environment or adversely affect theintegrity of a European site.”.

52.—Section 170(2) of the Principal Act is amended by the substi-tution of “Subject to the provisions of Part XA or Part XAB, or bothof those Parts, as appropriate, a planning authority shall” for “Aplanning authority shall”.

53.—The Principal Act is amended in Part X by the insertion ofthe following section before section 172:

“171A.—(1) In this Part—

‘environmental impact assessment’ means an assessment carriedout by a planning authority or the Board, as the case may be, inaccordance with this Part and regulations made thereunder, thatshall identify, describe and assess in an appropriate manner, inlight of each individual case and in accordance with Articles 4to 11 of the Environmental Impact Assessment Directive, thedirect and indirect effects of a proposed development on thefollowing:

(a) human beings, flora and fauna,

(b) soil, water, air, climate and the landscape,


(c) material assets and the cultural heritage, and

(d) the interaction between the factors mentioned inparagraphs (a), (b) and (c).

(2) Subject to this Part, a word or expression that is usedin the Part and that is also used in the Environmental ImpactAssessment Directive has, unless the context otherwise requires,the same meaning in this Part as it has in the EnvironmentalImpact Assessment Directive.”.


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

“(1) An environmental impact assessment shall becarried out by a planning authority or the Board, as thecase may be, in respect of an application for consent forproposed development, or a class of such proposeddevelopment, prescribed by regulations under section 176.

(1A) In subsection (1)—

(a) ‘proposed development’ means—

(i) a proposal to carry out one of the following:

(I) development to which Part III applies;

(II) development that may be carried outunder Part IX;

(III) development by a local authority or aState authority under Part XI;

(IV) development on the foreshore underPart XV;

(V) development under section 43 of theAct of 2001;

(VI) development under section 51 of theRoads Act 1993; and

(ii) notwithstanding that development has beencarried out, development in relation towhich an application for substitute consentis required under Part XA;

(b) ‘consent for proposed development’ means, asappropriate—

(i) grant of permission;

(ii) a decision of the Board to grant permissionon application or on appeal;

(iii) consent to development under Part IX;

(iv) consent to development by a local authorityor a State authority under Part XI;

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Amendment of PartX of Principal Act.

70


(v) consent to development on the foreshoreunder Part XV;

(vi) consent to development under section 43 ofthe Act of 2001;

(vii) consent to development under section 51 ofthe Roads Act 1993; or

(viii) substitute consent under Part XA.

(1B) An applicant for consent to carry out a proposeddevelopment referred to in subsection (1) shall furnish anenvironmental impact statement to the planning authorityor the Board, as the case may be, in accordance with thepermission regulations.

(1C) A planning authority or the Board, as the casemay be, shall refuse to consider an application for planningpermission in respect of a development referred to in sub-section (1) if the applicant fails to furnish an environmen-tal impact statement under subsection (1B).”.

55.—Section 174(4)(b) of the Principal Act is amended by the sub-stitution of “which is subject to the Environmental Impact Assess-ment Directive or Transboundary Convention” for “which is subjectto the Council Directive or Transboundary Convention”.

56.—Section 176(1) is amended by the substitution of “The Mini-ster shall, for the purpose of giving effect to the EnvironmentalImpact Assessment Directive, make regulations—” for “The Mini-ster may, in connection with the Council Directive or otherwise,make regulations—”.

57.—The Principal Act is amended by the insertion of the follow-ing Parts after Part X:

“PART XA

Substitute Consent

Interpretation. 177A.—(1) In this Part—

‘exceptional circumstances’ shall be construed inaccordance with section 177D(2);

‘remedial environmental impact statement’ shallbe construed in accordance with section 177F;

‘remedial Natura impact statement’ shall be con-strued in accordance with section 177G;

‘substitute consent’ means substitute consentgranted under section 177K.

(2) Subject to this Part, a word or expressionthat is used in the Part and that is also used inthe Birds Directive or the Habitats Directive has,


unless the context otherwise requires, the samemeaning in this Part as it has in the Birds Directiveor the Habitats Directive.

Application toapply forsubstituteconsent wherenotice servedby planningauthority.

177B.—(1) Where a planning authoritybecomes aware in relation to a development in itsadministrative area for which permission wasgranted by the planning authority or the Board,and for which—

(a) an environmental impact assessment,

(b) a determination in relation to whetheran environmental impact assessment isrequired, or

(c) an appropriate assessment,

was or is required, that a final judgment of a courtof competent jurisdiction in the State or the Courtof Justice of the European Union has been madethat the permission was in breach of law, invalidor otherwise defective in a material respectbecause of—

(i) any matter contained in or omitted fromthe application for permission includ-ing omission of an environmentalimpact statement or a Natura impactstatement or both of those statements,as the case may be, or inadequacy ofan environmental impact statement ora Natura impact statement or both ofthose statements, as the case may be,or

(ii) any error of fact or law or proceduralerror,

it shall give a notice in writing to the person whocarried out the development or the owner or occu-pier of the land as appropriate.

(2) The notice referred to in subsection (1)shall—

(a) inform the person to whom it is given ofthe proceedings and findings referredto in subsection (1),

(b) direct the person concerned to apply tothe Board for substitute consent nolater than 12 weeks from the date ofthe notice,

(c) direct the person concerned to furnishwith his or her application a remedialenvironmental impact statement orremedial Natura impact statement orboth of those statements, as the casemay be,

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(d) advise the person concerned that he orshe may make submissions or obser-vations in writing to the planning auth-ority no later than 4 weeks from thedate of the notice.

(3) Not later than 8 weeks after the giving ofthe notice under subsection (1) the planning auth-ority shall—

(a) where no submissions or observationsare made to the authority under sub-section (2)(d), confirm the notice, or

(b) where submissions or observations aremade to it under subsection (2)(d),subject to subsection (4), decide toconfirm or withdraw the notice.

(4) A planning authority may withdraw a noticeunder subsection (3)(b) only where the authorityhas been shown that a final judgment of a court ofcompetent jurisdiction in the State or the Court ofJustice of the European Union has not been madethat the permission granted for the developmentwas in breach of law, invalid or otherwise defec-tive in a material respect because of the mattersset out in subsection (1).

(5) The planning authority shall notify in writ-ing the person to whom the notice under subsec-tion (1) was given of the withdrawal or confir-mation of the notice and the reasons therefor.

(6) (a) Where the decision of the planningauthority is to confirm the notice undersubsection (3)(a), the notificationreferred to in subsection (5) shall alsocontain a direction to apply for substi-tute consent not later than 12 weeksafter the giving of the notificationunder subsection (2).

(b) Where the decision of the planningauthority is to confirm the notice undersubsection (3)(b), the notificationreferred to in subsection (5) shall alsocontain a direction to apply for substi-tute consent not later than 12 weeksafter the giving of the notificationunder subsection (5).

(7) The planning authority shall send a copy ofa notice given under subsection (2) or (5) to theBoard.

(8) Details of the confirmation or withdrawalof the notice by the planning authority shall beentered by the authority in the register.


(9) For the purposes of this section and section177C, a judgment shall be deemed to be a finaljudgment where—

(a) the time within which an appeal againstthe judgment may be brought hasexpired and no such appeal has beenbrought,

(b) there is no provision for appeal againstsuch judgment, or

(c) an appeal against the judgment hasbeen withdrawn.

Applicationfor leave toapply forsubstituteconsent wherenotice notserved byplanningauthority.

177C.—(1) A person who has carried out adevelopment referred to in subsection (2), or theowner or occupier of the land as appropriate, towhom no notice has been given under section177B, may apply to the Board for leave to applyfor substitute consent in respect of thedevelopment.

(2) A development in relation to which anapplicant may make an application referred to insubsection (1) is a development which has beencarried out where an environmental impact assess-ment, a determination as to whether an environ-mental impact assessment is required, or an appro-priate assessment, was or is required, and inrespect of which—

(a) the applicant considers that a per-mission granted for the developmentby a planning authority or the Boardmay be in breach of law, invalid orotherwise defective in a materialrespect, whether pursuant to a finaljudgment of a court of competent juris-diction in the State or the Court ofJustice of the European Union, orotherwise, by reason of—

(i) any matter contained in or omittedfrom the application for per-mission including omission of anenvironmental impact statementor a Natura impact statement orboth of those statements, as thecase may be, or inadequacy of anenvironmental impact statementor a Natura impact statement orboth of those statements, as thecase may be, or

(ii) any error of fact or law or a pro-cedural error,

or

(b) the applicant is of the opinion thatexceptional circumstances exist such

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that it may be appropriate to permitthe regularisation of the developmentby permitting an application for substi-tute consent.

(3) An applicant for leave to apply for substi-tute consent under subsection (1) shall furnish thefollowing to the Board:

(a) any documents that he or she considersare relevant to support his or herapplication;

(b) any additional information or docu-mentation that may be requested bythe Board, within the period specifiedin such a request.

(4) Where an applicant for leave to apply forsubstitute consent under subsection (1) fails to fur-nish additional information or documentationwithin the period specified in a request under sub-section (3)(b), or such additional period as theBoard may allow, the application shall be deemedto have been withdrawn by the applicant.

(5) The Board may seek information and docu-ments as it sees fit from the planning authority forthe administrative area in which the developmentthe subject of the application under this section issituated, including information and documents inrelation to a permission referred to in subsection(2)(a) and in relation to any other developmentthat may have been carried out by the applicantand the planning authority shall furnish the infor-mation not later than 6 weeks after the infor-mation is sought by the Board.

Decision ofBoard onwhether togrant leave toapply forsubstituteconsent.

177D.—(1) The Board shall only grant leave toapply for substitute consent in respect of an appli-cation under section 177C where it is satisfied thatan environmental impact assessment, a determi-nation as to whether an environmental impactassessment is required, or an appropriate assess-ment, was or is required in respect of the develop-ment concerned and where it is further satisfied—

(a) that a permission granted for develop-ment by a planning authority or theBoard is in breach of law, invalid orotherwise defective in a materialrespect whether by reason of a finaljudgment of a court of competent juris-diction in the State or the Court ofJustice of the European Union, orotherwise, by reason of—

(i) any matter contained in or omittedfrom the application for the per-mission including omission of anenvironmental impact statementor a Natura impact statement or


both of those statements as thecase may be, or inadequacy of anenvironmental impact statementor a Natura impact statement orboth of those statements, as thecase may be, or

(ii) any error of fact or law or pro-cedural error,

or

(b) that exceptional circumstances existsuch that the Board considers it appro-priate to permit the opportunity forregularisation of the development bypermitting an application for substi-tute consent.

(2) In considering whether exceptional circum-stances exist the Board shall have regard to thefollowing matters:

(a) whether regularisation of the develop-ment concerned would circumvent thepurpose and objectives of the Environ-mental Impact Assessment Directiveor the Habitats Directive;

(b) whether the applicant had or couldreasonably have had a belief that thedevelopment was not unauthorised;

(c) whether the ability to carry out anassessment of the environmentalimpacts of the development for thepurpose of an environmental impactassessment or an appropriate assess-ment and to provide for public partici-pation in such an assessment has beensubstantially impaired;

(d) the actual or likely significant effects onthe environment or adverse effects onthe integrity of a European siteresulting from the carrying out or con-tinuation of the development;

(e) the extent to which significant effects onthe environment or adverse effects onthe integrity of a European site canbe remediated;

(f) whether the applicant has complied withprevious planning permissions grantedor has previously carried out anunauthorised development;

(g) such other matters as the Board con-siders relevant.

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(3) In deciding whether it is prepared to grantleave to apply for substitute consent under thissection the Board shall have regard to any infor-mation furnished by the applicant under section177C(3) and any information furnished by theplanning authority under section 177C(5).

(4) The Board shall decide whether to grantleave to apply for substitute consent or to refuseto grant such leave.

(5) The decision of the Board under subsection(4) shall be made—

(a) 6 weeks after the receipt of an appli-cation under section 177C(1),

(b) 6 weeks after receipt of additional infor-mation from the applicant undersection 177C(3)(b), or

(c) 6 weeks after receipt of informationfrom the planning authority undersection 177C(5),

whichever is the later.

(6) The Board shall give notice in writing to theapplicant of its decision on the application forleave to apply for substitute consent and of thereasons therefor.

(7) Where the Board decides to grant leave toapply for substitute consent, the notice under sub-section (6) shall also contain a direction—

(a) to apply for substitute consent not laterthan 12 weeks after the giving of thenotice, and

(b) to furnish with the application aremedial environmental impact state-ment or a remedial Natura impactstatement, or both of those statementsas the Board considers appropriate.

(8) The Board shall give a copy of the notice ofits decision under subsection (6) and directionunder subsection (7) to the planning authority forthe administrative area in which the developmentthe subject of the application for leave to applyfor substitute consent is situated and details of thedecision and direction shall be entered by theauthority in the register.

Applicationfor substituteconsent.

177E.—(1) An application for substitute con-sent shall be made to the Board.

(2) An application to the Board for substituteconsent shall—


(a) be made pursuant to a notice givenunder section 177B or 261A or adecision to grant leave to apply forsubstitute consent under section 177D,

(b) state the name of the person makingthe application,

(c) in accordance with a direction of theplanning authority under section177B(2), shall be accompanied by aremedial environmental impact state-ment or remedial Natura impact state-ment or both of those statements, asthe case may be,

(d) in accordance with a direction of theBoard under section 177D(7), shall beaccompanied by a remedial environ-mental impact statement or remedialNatura impact statement or both ofthose statements, as the case may be,

(e) be accompanied by the fee payable inaccordance with section 177M,

(f) comply with any requirements pre-scribed under section 177N, and

(g) be received by the Board within theperiod specified in section 177B, 177Dor 261A, as appropriate.

(3) An application for substitute consent whichdoes not comply with the requirements of subsec-tion (2) shall be invalid.

(4) The Board may at its own discretion, onrequest extend the period specified in section177B, 177D or 261A, for the making of an appli-cation for substitute consent, by such furtherperiod as it considers appropriate.

(5) As soon as may be after receipt of an appli-cation for substitute consent under this section,which is not invalid, the Board shall send a copy ofthe application and all associated documentation,including the remedial environmental impactstatement, or the remedial Natura impact state-ment, or both of those statements, as the case maybe, to the planning authority for the area in whichthe development the subject of the application issituated and such documentation shall be placedon the register.

Remedialenvironmentalimpactstatement.

177F.—(1) A remedial environmental impactstatement shall contain the following:

(a) a statement of the significant effects, ifany, on the environment, which haveoccurred or which are occurring orwhich can reasonably be expected to

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occur because the development thesubject of the application for substituteconsent was carried out;

(b) details of—

(i) any appropriate remedial measuresundertaken or proposed to beundertaken by the applicant forsubstitute consent to remedy anysignificant adverse effects on theenvironment;

(ii) the period of time within which anyproposed remedial measures shallbe carried out by or on behalf ofthe applicant;

(c) such information as may be prescribedunder section 177N.

(2) (a) Before an applicant makes an appli-cation for substitute consent, he or shemay request the Board to give to himor her an opinion in writing preparedby the Board on the informationrequired to be contained in theremedial environmental impact state-ment in relation to the developmentthe subject of the application and theBoard shall, as soon as may be, complywith that request.

(b) An applicant shall, in connection with arequest under paragraph (a), forwardto the Board sufficient information inrelation to the development the subjectof the application for substitute con-sent to enable the Board to complywith that request, and shall forwardany additional information requestedby the Board.

(c) The provision of an opinion under thissubsection shall not prejudice the per-formance by the Board of any of itsfunctions under this Act or regulationsunder this Act and cannot be reliedupon in the application for substituteconsent or in any legal proceedings.

RemedialNatura impactstatement.

177G.—(1) A remedial Natura impact state-ment shall contain the following:

(a) a statement of the significant effects, ifany, on the relevant European sitewhich have occurred or which areoccurring or which can reasonably beexpected to occur because the develop-ment the subject of the application forsubstitute consent was carried out;


(b) details of—

(i) any appropriate remedial or miti-gation measures undertaken orproposed to be undertaken by theapplicant for substitute consent toremedy or mitigate any significanteffects on the environment or onthe European site;

(ii) the period of time within which anysuch proposed remedial or miti-gation measures shall be carriedout by or on behalf of theapplicant;

(c) such information as may be prescribedunder section 177N;

(d) and may have appended to it, where rel-evant, and where the applicant maywish to rely upon same:

(i) a statement of imperative reasonsof overriding public interest;

(ii) any compensatory measures beingproposed by the applicant.

Submissions orobservationsby personother than theapplicant forsubstituteconsent orplanningauthority.

177H.—(1) Any person other than the appli-cant for substitute consent or a planning authoritymay make submissions or observations in writingto the Board in relation to an application for sub-stitute consent.

(2) Submissions or observations that are madeunder this section shall not be considered by theBoard if the person who submits them has notcomplied with any relevant requirements pre-scribed by regulations under section 177N.

(3) Subsection (2) shall not apply in relation tosubmissions or observations made by a MemberState or another state which is a party to theTransboundary Convention, arising from consul-tation in accordance with the EnvironmentalImpact Assessment Directive or the Transbound-ary Convention, as the case may be, in relation tothe effects on the environment of the developmentto which an application for substitute consentrelates.

Report ofplanningauthority.

177I.—(1) No later than 10 weeks after receipt,under section 177E(5), by a planning authority ofa copy of an application for substitute consent anda remedial environmental impact statement or aremedial Natura impact statement or both of thosestatements, as the case may be, a planning auth-ority shall submit a report to the Board and theBoard shall consider the report.

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(2) The report referred to in subsection (1)shall include the following:

(a) information relating to development(including development other than thedevelopment which is the subject ofthe application for consent) carried outon the site where the development thesubject of the application for consent issituated, and any application for per-mission made in relation to the site andthe outcome of the application;

(b) information relating to any warning let-ter, enforcement notice or proceedingsrelating to offences under this Act thatrelate to the applicant for substituteconsent;

(c) information regarding the relevant pro-visions of the development plan andany local area plan as they affect thearea of the site and the type ofdevelopment concerned;

(d) any information that the authority mayhave concerning—

(i) current, anticipated or previous sig-nificant effects on the envir-onment, or on a European siteassociated with the developmentor the site where the developmenttook place and, if relevant, thearea surrounding or near thedevelopment or site, or

(ii) any remedial measures recom-mended or undertaken;

(e) the opinion, including reasons therefor,of the manager as to—

(i) whether or not substitute consentshould be granted for the develop-ment, and

(ii) the conditions, if any, that shouldbe attached to any grant of substi-tute consent.

Draft directionand directionto ceaseactivity oroperations.

177J.—(1) Where the Board has received anapplication for substitute consent made in accord-ance with section 177E and is considering thatapplication, it may give a draft direction in writingto the person who made the application requiringthe person to cease within the period specified inthe draft direction, all or part of his or her activityor operations on or at the site of the developmentthe subject of the application, where the Boardforms the opinion that the continuation of all orpart of the activity or operations is likely to cause


significant adverse effects on the environment oradverse effects on the integrity of a European site.

(2) The draft direction referred to in subsection(1) shall inform the applicant of the Board’sreasons for its opinion that the continuation of allor part of the activity or operations is likely tocause significant adverse effects on the envir-onment or adverse effects on the integrity of aEuropean site.

(3) The person to whom the draft direction isgiven may make a submission or observation tothe Board in relation to the draft direction within2 weeks of receipt of the draft direction.

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

(a) give a direction to the applicant for sub-stitute consent confirming the draftdirection;

(b) give a direction to the applicant varyingthe draft direction;

(c) withdraw the draft direction,

and shall send a copy of the direction to the rel-evant planning authority, or inform the authorityof its decision to withdraw the draft direction, asthe case may be.

(5) A person who fails to comply with a direc-tion given by the Board under subsection (4),within the time specified in the direction shall beguilty of an offence and shall be liable—

(a) on summary conviction, to a fine notexceeding €5,000, or to imprisonmentfor a term not exceeding 6 months, orto both, or

(b) on conviction on indictment, to a finenot exceeding €12,600,000 or to impris-onment for a term not exceeding 2years, or to both.

(6) Where a person is convicted of an offencereferred to in subsection (5) and there is a continu-ation by him or her of the offence after his or herconviction, he or she shall be guilty of a furtheroffence on every day on which the contraventioncontinues and for each such offence shall beliable—

(a) on summary conviction, to a fine notexceeding €500 for each day on whichthe offence is so continued or toimprisonment for a term not exceeding6 months, or to both, provided that if

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a person is convicted in the same pro-ceedings of 2 or more such furtheroffences the aggregate term of impris-onment to which he or she shall beliable shall not exceed 6 months, or

(b) on conviction on indictment, to a finenot exceeding €12,600 for each day onwhich the offence is so continued, or toimprisonment for a term not exceeding2 years, or to both, provided that if aperson is convicted in the same pro-ceedings of 2 or more such furtheroffences the aggregate term of impris-onment to which he or she shall beliable shall not exceed 2 years.

Decision ofBoard.

177K.—(1) Where an application is made tothe Board for substitute consent in accordancewith relevant provisions of the Act and any regu-lations made thereunder the Board may decide togrant the substitute consent, subject to or withoutconditions, or to refuse it.

(2) When making its decision in relation to anapplication for substitute consent, the Board shallconsider the proper planning and sustainabledevelopment of the area, regard being had to thefollowing matters:

(a) the provisions of the development planor any local area plan for the area;

(b) the provisions of any special amenityarea order relating to the area;

(c) the remedial environmental impactstatement, or remedial Natura impactstatement, or both of those statements,as the case may be, submitted withthe application;

(d) the significant effects on the envir-onment, or on a European site, whichhave occurred or which are occurringor could reasonably be expected tooccur because the development con-cerned was carried out;

(e) the report and the opinion of the plan-ning authority under section 177I;

(f) any submissions or observations madein accordance with regulations madeunder section 177N;

(g) any report or recommendation pre-pared in relation to the application byor on behalf of the Board, includingthe report of the person conductingany oral hearing on behalf of theBoard;


(h) if the area or part of the area is a Euro-pean site or an area prescribed for thepurposes of section 10(2)(c), that fact;

(i) conditions that may be imposed inrelation to a grant of permission undersection 34(4);

(j) the matters referred to in section 143;

(k) the views of a Member State where theMember State is notified in accordancewith regulations under this Act;

(l) any relevant provisions of this Act andregulations made thereunder.

(3) The conditions referred to in subsection (1)may include—

(a) one or more than one condition referredto in section 34(4),

(b) a condition or conditions relating toremediation of all or part of the site onwhich the development the subject ofthe grant of substitute consent issituated,

(c) a condition or conditions requiring afinancial contribution in accordancewith section 48, or

(d) a condition or conditions requiring afinancial contribution in accordancewith a supplementary developmentcontribution scheme under section 49.

(4) The Board shall send a notification of itsdecision under subsection (1) to the applicant, andsuch notification shall state—

(a) the main reasons for and considerationson which the decision is made, and

(b) where conditions are imposed inrelation to the grant of substitute con-sent the main reasons for the impos-ition of any such conditions.

(5) The Board shall also send a copy of itsdecision under subsection (1) to the planning auth-ority in whose area the development the subjectof the application for substitute consent is situatedand to any person who made submissions or obser-vations in relation to the application.

(6) For the avoidance of doubt, there shall beno right to compensation under Part XII in respectof any of the following:

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(a) a decision by the Board under section177D to refuse to grant leave to applyfor substitute consent;

(b) a direction of the Board to cease all orpart of an activity or operations undersection 177J;

(c) a decision of the Board under thissection to refuse an application forsubstitute consent under this section;

(d) a decision of the Board under thissection to grant substitute consent sub-ject to one or more than one condition;

(e) a direction of the Board to cease activityor operations or to take remedialmeasures under section 177L.

Direction byBoard to ceaseactivity oroperations ortake remedialmeasures.

177L.—(1) Where the Board refuses an appli-cation for leave to apply for substitute consentunder section 177D, or refuses to grant substituteconsent under section 177K, it may give a draftdirection in writing to the applicant concernedrequiring him or her—

(a) to cease within the period specified inthe draft direction, all or part of his orher activity or operations on or at thesite of the development the subject ofthe application, where the Board formsthe opinion that the continuation of allor part of the activity or operations islikely to cause significant adverseeffects on the environment or adverseeffects on the integrity of a Europeansite, or

(b) to take such remedial measures, withinthe period specified in the draft direc-tion, as the Board considers are neces-sary for either or both of the following:

(i) to restore the site on or at whichthe development referred to in theapplication is situated, to a safeand environmentally sustainablecondition;

(ii) to avoid, in a European site thedeterioration of natural habitatsand the habitats of species or thedisturbance of the species forwhich the site has been desig-nated, insofar as such disturbancecould be significant in relation tothe objectives of the HabitatsDirective.

(2) A draft direction referred to in subsection(1) shall give the reasons the Board considers that


the specified measures are necessary and shallinform the person to whom the direction is sentthat he or she may make submissions or obser-vations to the Board in relation to the noticewithin 4 weeks of the date of the notice.

(3) Where the Board gives a draft direction toa person under subsection (1) it shall at the sametime send a copy of the direction to the relevantplanning authority and shall inform the planningauthority that it may make submissions or obser-vations to the Board in relation to the directionwithin 4 weeks of the date of the notice.

(4) In relation to the remedial measures thatmay be specified a draft direction issued undersubsection (1) shall direct the person to whom thedirection is given—

(a) to take the remedial measures specifiedin the draft direction,

(b) to keep records of the remedialmeasures being carried out in accord-ance with the draft direction,

(c) to carry out the remedial measures insuch order, specified in the draft direc-tion, as the Board considersappropriate,

(d) to comply with any requirements relat-ing to monitoring and inspection, bythe relevant planning authority, of theremedial measures specified in thedraft direction,

(e) to carry out the remedial measureswithin the period of time specified inthe draft direction.

(5) The Board shall consider any submissionsor observations in relation to the draft directionmade to it, within 4 weeks of the date of the draftdirection by the person to whom the direction wasissued or the relevant planning authority and shall,as soon as may be—

(a) issue a direction to the applicant con-firming the draft direction, or

(b) issue a direction to the applicant varyingthe draft direction, or

(c) withdraw the draft direction,

and shall send a copy of the direction to the rel-evant planning authority, or inform the authorityof its decision to withdraw the draft direction, asthe case may be.

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(6) A person who fails to comply with a direc-tion issued by the Board under subsection (4)within the period specified in the direction shallbe guilty of an offence and shall be liable—

(a) on summary conviction, to a fine notexceeding €5,000, or to imprisonmentfor a term not exceeding 6 months, orto both, or

(b) on conviction on indictment, to a finenot exceeding €12,600,000 or to impris-onment for a term not exceeding 2years.

(7) Where a person is convicted of an offencereferred to in subsection (6) and there is a continu-ation by him or her of the offence after his or herconviction, he or she shall be guilty of a furtheroffence on every day on which the contraventioncontinues and for each such offence shall beliable—

(a) on summary conviction, to a fine notexceeding €500 for each day on whichthe offence is so continued or toimprisonment for a term not exceeding6 months, or to both, provided that ifa person is convicted in the same pro-ceedings of 2 or more such furtheroffences the aggregate term of impris-onment to which he or she shall beliable shall not exceed 6 months, or

(b) on conviction on indictment, to a finenot exceeding €12,600 for each day onwhich the offence is so continued, or toimprisonment for a term not exceeding2 years, or to both, provided that if aperson is convicted in the same pro-ceedings of 2 or more such furtheroffences the aggregate term of impris-onment to which he or she shall beliable shall not exceed 2 years.

(8) Insofar as a direction is issued requiring thetaking of remedial measures in respect of adevelopment referred to in section 157(4)(aa),such remedial measures may be required inrelation to such development that was carried outat any time, but not more than 7 years prior to thedate on which this section comes into operation.

(9) Where monitoring and inspection ofremedial measures by a planning authority arespecified in a direction under this section, theplanning authority shall carry out the monitoringand inspection in accordance with the direction.

Fees and costsarising on anapplication forsubstituteconsent.

177M.—(1) The fee payable to the Board inrespect of an application for substitute consentshall be the same as the fee that would be payableto the planning authority under the permission


regulations if the applicant were making an appli-cation for permission for the development undersection 34(1) rather than an application for substi-tute consent.

(2) Where the Board grants an application forsubstitute consent under section 177K in a casewhere it granted leave to apply for substitute con-sent on the grounds that exceptional circumstancesexist, or in a case where the application is made incompliance with a direction to apply for substituteconsent under section 261A, it may determine thata sum or sums is or are required to be paid inorder to defray some or all of the costs incurredby the Board or the planning authority during thecourse of consideration of the application and maydirect the applicant to pay the sum or sums to theBoard or the planning authority or both, as thecase may be.

(3) A reference to costs in subsection (2) shallbe construed as a reference to such costs as theBoard in its absolute discretion considers to bereasonable costs, but does not include a referenceto so much of the costs there referred to as havebeen recovered by the Board by way of a feecharged under section 144.

(4) Where the Board directs an applicant topay an additional sum or sums to it or the planningauthority under subsection (2), it shall at the sametime as notifying the applicant of its decisionunder section 177D(6), give to the applicant anotice requiring the payment of that sum or sumsby the applicant and shall, if appropriate, give acopy of the notice to the planning authority for thearea in which the development the subject of theapplication is situated.

(5) An applicant who receives a notification inrelation to costs under subsection (2) may, within2 weeks of the date of such notice, make sub-missions or observations to the Board in relationto the sum or sums so notified.

(6) The Board shall consider the submissions orobservations made to it under subsection (5) andshall, as soon as may be, decide to confirm, varyor withdraw the notice under subsection (2) andshall give notice to the applicant of the Board’sdecision and the reasons therefore and shall givea copy of its decision to the relevant planningauthority.

(7) Where an applicant for substitute consentfails to pay a sum or sums in respect of costs inaccordance with a direction under subsection (2),the Board or the planning authority as may beappropriate may recover the sum or sums as a sim-ple contract debt in any court of competentjurisdiction.

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Regulations. 177N.—(1) The Minister shall by regulationsmake provision for such matters of procedure andadministration as appear to the Minister to benecessary or expedient in respect of this Part.

(2) Without prejudice to the generality of sub-section (1) regulations under this section mayprovide for the following matters:

(a) regarding the making of an applicationfor leave to apply for substitute con-sent or for substitute consent;

(b) requiring the submission of informationin respect of an application referred toat paragraph (a);

(c) requiring an applicant to publish aspecified notice or notices relating toan application referred to at para-graph (a);

(d) requiring an applicant for leave to applyfor substitute consent or substituteconsent to submit any further infor-mation or evidence with respect to hisor her application (including any infor-mation as to any estate or interest inor right over land);

(e) requiring the Board to notify prescribedauthorities regarding applications forsubstitute consent and to give to themsuch documents, particulars, plans orother information in respect thereof asmay be prescribed;

(f) requiring the Board, in the case of appli-cations for substitute consent wherethe development the subject of theapplication is likely to have had orlikely to have significant effects on theenvironment of a Member State of theEuropean Union or a state that is aparty to the Transboundary Conven-tion to notify that state;

(g) the making available for inspection atthe offices of the Board or the relevantplanning authority, by members of thepublic, of any specified documents,particulars, plans or other informationwith respect to applications for substi-tute consent;

(h) the making of submissions or obser-vations to the Board in relation toapplications for substitute consent;


(i) the information to be contained ina remedial environmental impactstatement;

(j) the information to be contained in aremedial Natura impact statement;

(k) requiring the Board to furnish to theMinister and to any other specifiedpersons any specified information withrespect to applications for leave toapply for substitute consent or appli-cations for substitute consent and themanner in which they have been dealtwith;

(l) requiring the Board to publish or givenotice of the Board’s decisions inrespect of applications for substituteconsent, including the giving of noticethereof to prescribed bodies and topersons who made submissions orobservations in the prescribed manner.

Enforcement. 177O.—(1) A grant of substitute consent shallhave effect as if it were a permission granted undersection 34 of the Act and where a development isbeing carried out in compliance with a substituteconsent or any condition to which the consent issubject it shall be deemed to be authoriseddevelopment.

(2) Where a development has not been or is notbeing carried out in compliance with a grant ofsubstitute consent or any condition to which thesubstitute consent is subject it shall, notwithstand-ing any other provision in this Act, be unauthor-ised development.

(3) Where a person is required by a planningauthority, under section 177B or section 261A, tomake an application for substitute consent for adevelopment and he or she—

(a) fails to make such an application inaccordance with relevant provisions ofthis Part and regulations made undersection 177N, or

(b) fails, having made an application, to fur-nish additional information as requiredunder relevant provisions in this Partor in regulations made under section177N,

the Board shall inform the planning authority forthe area in which the development is situated ofthat fact and the development shall, notwithstand-ing any other provision in this Act, be unauthor-ised development.

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(4) Where a planning authority is informed bythe Board that paragraph (a) or (b) as appro-priate, of subsection (3) apply to an application,the planning authority shall, as soon as may be,issue an enforcement notice under section 154 ofthis Act requiring the cessation of activity and thetaking of such steps as the planning authority con-siders appropriate.

(5) Where an application or for substitute con-sent for a development is refused by the Boardunder section 177K the development shall, not-withstanding any other provision in this Act, bedeemed to be unauthorised development and therelevant planning authority shall, as soon as maybe after receipt of a copy of the relevant decisionfrom the Board, issue an enforcement noticeunder section 154 of this Act requiring the cess-ation of activity and the taking of such steps as theplanning authority considers appropriate.

(6) Where the Board has issued a direction tocease activity or operations or to take remedialmeasures under section 177L and the applicant hasfailed to comply with such a direction the relevantplanning authority shall as soon as may be afterreceipt of a copy of the Board’s direction issue anenforcement notice under section 154 requiringcompliance with the Board’s directions and thetaking of any additional steps as the planning auth-ority considers appropriate.

Supplementaryprovisionsrelating to anapplication forsubstituteconsent.

177P.—(1) Section 126 shall apply in relation tothe duty of the Board to dispose of applicationsfor substitute consent as it applies to the duty ofthe Board to dispose of appeals and referrals sub-ject to the modification that references in thatsection to appeals and referrals shall be to appli-cations for substitute consent and subject to anyother necessary modifications.

(2) Section 130 (other than subsection (3)(b),(c) or (d)) shall apply in relation to making sub-missions or observations by any person other thanthe applicant for substitute consent or the relevantplanning authority as it does to the making of sub-missions or observations by any person other thana party subject to the following and any othernecessary modifications:

(a) references in that section to a party shallbe construed as references to the appli-cant for substitute consent or the rel-evant planning authority, and

(b) references in that section to an environ-mental impact assessment shall be con-strued as references to a remedialenvironmental impact statement or aremedial Natura impact statement, orboth such statements, as the case maybe.


(3) Section 131 shall apply in relation to theBoard requesting submissions or observations inrelation to an application for substitute consent asit does in relation to an appeal or referral subjectto the following and any other necessary modi-fications:

(a) references in that section to party to theappeal or referral shall be construed asreferences to applicant for substituteconsent or the relevant planning auth-ority, and

(b) references in that section to an appealor referral shall be construed as refer-ences to an application for substituteconsent.

(4) Section 132 shall apply in relation to theBoard requiring a document, particulars or otherinformation that it considers necessary to enableit to determine an application for substitute con-sent as it does in relation to requiring a document,particulars or other information as it considersnecessary to enable it to determine an appeal orreferral subject to the following and any othernecessary modifications:

(a) references in that section to party shallbe construed as references to applicantfor substitute consent or the relevantplanning authority, and

(b) references in that section to an appealor referral shall be construed as refer-ences to an application for substituteconsent.

(5) Section 133 shall apply in relation to theBoard determining or dismissing an applicationfor substitute consent as it applies in relation tothe Board determining or dismissing an appeal orreferral subject to the modification that referencesin that section to appeal or referral shall be con-strued as reference to an application for substituteconsent and subject to any other necessary modi-fications.

(6) Section 135 shall apply in relation to theholding of an oral hearing of an application forsubstitute consent as it applies in relation to anoral hearing of an appeal, referral or applicationsubject to the modification that references in thatsection to an appeal, referral or application shallbe construed as references to an application forsubstitute consent and any other necessary modi-fications.

Oral hearingsof applicationsfor substituteconsent.

177Q.—(1) Where the Board considers itnecessary or expedient for the purposes of makinga determination in respect of an application forsubstitute consent it may, in its absolute discretion,

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hold an oral hearing and shall, in addition to anyother requirements under this Act or other enact-ment, as appropriate, consider the report and anyrecommendations of the person holding the oralhearing before making its determination.

(2) (a) An applicant for substitute consent, aplanning authority or a person whomakes submissions or observationsunder section 130 (as modified bysection 177P(2)) in relation to theapplication for substitute consent mayrequest an oral hearing of theapplication.

(b) (i) A request for an oral hearing of anapplication shall be made in writ-ing to the Board and shall beaccompanied by such fee (if any)as may be payable in respect ofthe request in accordance withsection 144.

(ii) A request for an oral hearing of anapplication for substitute consentwhich is not accompanied by suchfee (if any) as may be payable inrespect of the request shall not beconsidered by the Board.

(c) A request by an applicant for substituteconsent, a planning authority, or by aperson who makes a submission orobservation in relation to the appli-cation, for an oral hearing of the appli-cation, shall be made within the periodspecified in regulations under section177N and any such request received bythe Board after the expiration of thatperiod shall not be considered by theBoard.

(3) Where the Board is requested to hold anoral hearing of an application for substitute con-sent and decides to determine the applicationwithout an oral hearing, the Board shall servenotice of its decision on—

(a) the person who requested the hearing,

(b) the relevant planning authority, and

(c) on each person who has made sub-missions or observations to the Boardin relation to the application (otherthan the person making the requestunder subsection 2(a)).

(4) (a) A request for an oral hearing may bewithdrawn at any time.


(b) Where, following a withdrawal of arequest for an oral hearing under para-graph (a), the application for substituteconsent falls to be determined withoutan oral hearing, the Board shall givenotice to the applicant for substituteconsent, the planning authority and toeach person who has made submissionsor observations to the Board inrelation to the application.

PART XAB

Appropriate Assessment

Interpretation. 177R.—(1) In this Part—

‘appropriate assessment’ shall be construed inaccordance with section 177V;

‘candidate site of community importance’ means—

(a) a site—

(i) in relation to which the Ministerhas given notice pursuant to regu-lations under the European Com-munities Act 1972 that he or sheconsiders the site may be eligiblefor identification as a site of Com-munity importance pursuant toArticle 4, paragraph 1 of the Habi-tats Directive, which notice maybe amended in accordance withsuch regulations under the Euro-pean Communities Act 1972,

(ii) that is included in a list transmittedto the Commission in accordancewith Article 4, paragraph 1 of theHabitats Directive, or

(iii) that is added in accordance withArticle 5 of the HabitatsDirective, to the list transmitted tothe European Commission pursu-ant to Article 4, paragraph 1 of theHabitats Directive,

but only until the adoption in respectof the site of a decision by the Euro-pean Commission under Article 21 ofthe Habitats Directive for the purposesof the third paragraph of Article 4(2)of that Directive; or

(b) a site—

(i) which is subject to a consultationprocedure in accordance with

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Article 5(1) of the HabitatsDirective, or

(ii) in relation to which a Councildecision is pending in accordancewith Article 5(3) of the HabitatsDirective;

‘candidate special protection area’ means a site inrelation to which the Minister has given notice,pursuant to regulations under the European Com-munities Act 1972 that he or she considers the sitemay be eligible for identification as a site of Com-munity importance pursuant to Article 4, para-graph 1 of the Habitats Directive, but only untilthe public notification of the making of a decisionby the Minister to classify or not to classify such asite as a special protection area pursuant to Article4 of the Birds Directive;

‘compensatory measures’ shall be construed inaccordance with section 177W(7) in relation tomaking Land use plans and in accordance withsection 177AA(8) in relation to granting per-mission for proposed development;

‘competent authority’ shall be construed in accord-ance with section 177S;

‘consent for proposed development’ shall be con-strued in accordance with section 177U(8);

‘European site’ means—

(a) a candidate site of Communityimportance,

(b) a site of Community importance,

(c) a special area of conservation,

(d) a candidate special protection area,

(e) a special protection area;

‘Land use plan’ means—

(a) regional planning guidelines,

(b) a planning scheme in respect of all orany part of a strategic developmentzone,

(c) a development plan,

(d) a variation of a development plan, or

(e) a local area plan;

‘Natura 2000 network’ has the meaning assignedto it by Article 3, paragraph 1 of the HabitatsDirective;


‘Natura impact report’ shall be construed inaccordance with section 177T;

‘Natura impact statement’ shall be construed inaccordance with section 177T;

‘proposed development’ means—

(a) a proposal to carry out one of thefollowing:

(i) development to which Part IIIapplies,

(ii) development that may be carriedout under Part IX,

(iii) development by a local authority ora State authority under Part XI,

(iv) development on the foreshoreunder Part XV,

(v) development under section 43 ofthe Act of 2001,

(vi) development under section 51 ofthe Roads Act 1993;

and

(b) notwithstanding that the developmenthas been carried out, development inrelation to which an application forsubstitute consent is required underPart XA;

‘screening for appropriate assessment’ shall beconstrued in accordance with section 177U;

‘site of community importance’ means a site thathas been included in the list of sites of Communityimportance as adopted by the Commission inaccordance with the procedure laid down inArticle 21 of the Habitats Directive;

‘special area of conservation’ means a site that hasbeen designated by the Minister as a special areaof conservation pursuant to Article 4, paragraph 4of the Habitats Directive;

‘special protection area’ means an area classifiedby the Minister pursuant to Article 4, paragraph 1or Article 4, paragraph 2 of the Birds Directive, asa special protection area;

‘Wildlife site’ means—

(a) an area proposed as a natural heritagearea and the subject of a notice madeunder section 16(1) of the Wildlife(Amendment) Act 2000,

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(b) an area designated as or proposed to bedesignated as a natural heritage areaby a natural heritage area order madeunder section 18 of the Wildlife(Amendment) Act 2000,

(c) a nature reserve established or pro-posed to be established under an estab-lishment order made under section 15(amended by section 26 of the Wildlife(Amendment) Act 2000) of the Wild-life Act 1976,

(d) a nature reserve recognised or proposedto be recognised under a recognitionorder made under section 16 (amendedby section 27 of the Wildlife(Amendment) Act 2000) of the Wild-life Act 1976, or

(e) a refuge for fauna or flora designatedor proposed to be designated under adesignation order made under section17 (amended by section 28 of the Wild-life (Amendment) Act 2000) of theWildlife Act 1976.

(2) Subject to this Part, a word or expressionthat is used in this Part, and that is also used inthe Habitats Directive or the Birds Directive has,unless the context otherwise requires, the samemeaning in this Part as it has in the HabitatsDirective or the Birds Directive, as the case maybe.

CompetentAuthority.

177S.—(1) A competent authority, in per-forming the functions conferred on it by or underthis Part, shall take appropriate steps to avoid in aEuropean site the deterioration of natural habitatsand the habitats of species as well as the disturb-ance of the species for which the site has been des-ignated, insofar as such disturbance could be sig-nificant in relation to the objectives of theHabitats Directive.

(2) The competent authority in the State forthe purposes of this Part and Articles 6 and 7 ofthe Habitats Directive, shall be—

(a) in relation to draft regional planningguidelines, the regional authority forwhose area the guidelines are made,

(b) in relation to a draft planning scheme inrespect of all or any part of a strategicdevelopment zone, the planning auth-ority (which term shall be construed inaccordance with section 168(5)) inwhose area the strategic developmentzone is situate, or, on appeal theBoard, as the case may be,


(c) in relation to a draft development plan,the planning authority for whose areathe development plan is made,

(d) in relation to a proposed variation of adevelopment plan, the planning auth-ority for whose area the variation ofthe development plan is made,

(e) in relation to a draft local area plan, theplanning authority in whose area thelocal area plan concerned is situate,

(f) in relation to a proposed development(other than development referred to inparagraph (g) or (h)), the planningauthority to whom an application forpermission is made or on appeal theBoard, as the case may be,

(g) in relation to proposed developmentthat is strategic infrastructure develop-ment, the Board, or

(h) in relation to proposed local authorityor State authority development, theBoard, other than in relation to screen-ing for appropriate assessment, inrelation to which the competent auth-ority shall be the planning authority inwhose area the proposed developmentis to be carried out.

Natura impactreport andNatura impactstatement.

177T.—(1) In this Part—

(a) A Natura impact report means a state-ment for the purposes of Article 6 ofthe Habitats Directive, of the impli-cations of a Land use plan, on its ownor in combination with other plans orprojects, for one or more than oneNatura 2000 site, in view of the con-servation objectives of the site or sites.

(b) A Natura impact statement means astatement, for the purposes of Article6 of the Habitats Directive, of theimplications of a proposed develop-ment, on its own or in combinationwith other plans or projects, for one ormore than one Natura 2000 site, inview of the conservation objectives ofthe site or sites.

(2) Without prejudice to the generality of sub-section (1), a Natura impact report or a Naturaimpact statement, as the case may be, shall includea report of a scientific examination of evidenceand data, carried out by competent persons toidentify and classify any implications for one ormore than one Natura 2000 site in view of the con-servation objectives of the site or sites.

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(3) The following bodies shall prepare a Naturaimpact report in relation to a draft Land useplan—

(a) as respects draft regional planningguidelines, the regional authority forwhose area the draft guidelines aremade,

(b) as respects a draft planning scheme inrespect of all or any part of a strategicdevelopment zone, the planning auth-ority (which term shall be construed inaccordance with section 168(5)) forwhose area the draft scheme is made,

(c) as respects a draft development plan ordraft variation of a development plan,the planning authority for whose areathe draft plan or draft variation ismade, and

(d) as respects a draft local area plan, theplanning authority in whose area thelocal area concerned is situate.

(4) The applicant for consent for proposeddevelopment may, or if directed in accordancewith subsection (5) by a competent authority, shallfurnish a Natura impact statement to the com-petent authority in relation to the proposeddevelopment.

(5) At any time following an application forconsent for proposed development a competentauthority may give a notice in writing to the appli-cant concerned, directing him or her to furnish aNatura impact statement and the applicant shallfurnish the statement within the period specifiedin the notice.

(6) Unless the competent authority otherwisedirects, where an applicant for consent for pro-posed development who, having been directed inaccordance with subsection (5), fails to furnish aNatura impact statement within the period speci-fied in the notice under that subsection, the appli-cation shall be deemed to be withdrawn.

(7) (a) Without prejudice to subsection (1) aNatura impact report or a Naturaimpact statement shall include allinformation prescribed by regulationsunder section 177AD.

(b) Where appropriate, a Natura impactreport or a Natura impact statementshall include such other information or


data as the competent authority con-siders necessary to enable it to ascer-tain if the draft Land use plan or pro-posed development will not affect theintegrity of the site.

(c) Where appropriate a Natura impactreport or a Natura impact statementshall include—

(i) the alternative solutions that havebeen considered and the reasonswhy they have not been adopted,

(ii) the imperative reasons of overrid-ing public interest that are beingrelied upon to indicate that theLand use plan or proposeddevelopment should proceed not-withstanding that it may affect theintegrity of a European site,

(iii) the compensatory measures thatare being proposed.

Screening forappropriateassessment.

177U.—(1) A screening for appropriate assess-ment of a draft Land use plan or proposeddevelopment shall be carried out by the competentauthority to assess, in view of best scientific know-ledge, if that Land use plan or proposed develop-ment, individually or in combination with anotherplan or project is likely to have a significant effecton the European site.

(2) A competent authority shall carry out ascreening for appropriate assessment under sub-section (1) before—

(a) a Land use plan is made including,where appropriate, before a decisionon appeal in relation to a draft stra-tegic development zone is made, or

(b) consent for a proposed development isgiven.

(3) In carrying out screening for appropriateassessment of a proposed development a planningauthority may request such information from theapplicant as it may consider necessary to enable itto carry out that screening, and may consult withsuch persons as it considers appropriate.

(4) The competent authority shall determinethat an appropriate assessment of a draft Land useplan or a proposed development, as the case maybe, is required if it cannot be excluded, on thebasis of objective information, that the draft Landuse plan or proposed development, individually orin combination with other plans or projects, willhave a significant effect on a European site.

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(5) The competent authority shall determinethat an appropriate assessment of a draft Land useplan or a proposed development, as the case maybe, is not required if it can be excluded, on thebasis of objective information, that the draft Landuse plan or proposed development, individually orin combination with other plans or projects, willhave a significant effect on a European site.

(6) (a) Where, in relation to a proposeddevelopment, a competent authoritymakes a determination that an appro-priate assessment is required, the com-petent authority shall give notice of thedetermination, including reasons forthe determination of the competentauthority, to the following—

(i) the applicant,

(ii) if appropriate, any person whomade submissions or observationsin relation to the application tothe competent authority, or

(iii) if appropriate, any party to anappeal or referral.

(b) Where a competent authority has deter-mined that an appropriate assessmentis required in respect of a proposeddevelopment it may direct in the noticeissued under paragraph (a) that aNatura impact statement is required.

(7) A competent authority shall make availablefor inspection—

(a) any determination that it makes inrelation to a draft Land use plan undersubsection (4) or (5) as the case maybe, and reasons for that determi-nation, and

(b) any determination that it makes inrelation to a proposed developmentunder subsection (6),

as soon as may be after the making of the determi-nation by members of the public during officehours of the offices of the authority and shall alsomake the determination available in electronicform including by placing the documents on theauthority’s website.

(8) In this section ‘consent for proposeddevelopment’ means, as appropriate—

(a) a grant of permission,

(b) a decision of the Board to grant per-mission on application or on appeal,


(c) consent for development under Part IX,

(d) consent for development by a localauthority or a State authority underPart XI,

(e) consent for development on the fore-shore under Part XV,

(f) consent for development under section43 of the Act of 2001,

(g) consent for development under section51 of the Roads Act 1993, or

(h) a substitute consent under Part XA.

(9) In deciding upon a declaration for the pur-poses of section 5 of this Act a planning authorityor the Board, as the case may be, shall whereappropriate, conduct a screening for appropriateassessment in accordance with the provisions ofthis section.

Appropriateassessment.

177V.—(1) An appropriate assessment carriedout under this Part shall include a determinationby the competent authority under Article 6.3 ofthe Habitats Directive as to whether or not a draftLand use plan or proposed development wouldadversely affect the integrity of a European siteand the assessment shall be carried out by thecompetent authority before—

(a) the draft Land use plan is made includ-ing, where appropriate, before adecision on appeal in relation to a draftstrategic development zone is made, or

(b) consent is given for the proposeddevelopment.

(2) In carrying out an appropriate assessmentunder subsection (1) the competent authority shalltake into account each of the following matters:

(a) the Natura impact report or Naturaimpact statement, as appropriate;

(b) any supplemental information furnishedin relation to any such report orstatement;

(c) if appropriate, any additional infor-mation sought by the authority andfurnished by the applicant in relationto a Natura impact statement;

(d) any additional information furnished tothe competent authority at its requestin relation to a Natura impact report;

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(e) any information or advice obtained bythe competent authority;

(f) if appropriate, any written submissionsor observations made to the competentauthority in relation to the applicationfor consent for proposed development;

(g) any other relevant information.

(3) Notwithstanding any other provision of thisAct, or, as appropriate, the Act of 2001, or theRoads Acts 1993 to 2007, a competent authorityshall make a Land use plan or give consent forproposed development only after having deter-mined that the Land use plan or proposeddevelopment shall not adversely affect the integ-rity of a European site.

(4) Subject to the other provisions of this Act,consent for proposed development may be givenin relation to a proposed development where acompetent authority has made modifications orattached conditions to the consent where the auth-ority is satisfied to do so having determined thatthe proposed development would not adverselyaffect the integrity of the European site if it iscarried out in accordance with the consent and themodifications or conditions attaching thereto.

(5) A competent authority shall give notice ofits determination in relation to a proposeddevelopment under subsection (3) or (4), to theapplicant for consent for the proposed develop-ment, giving reasons for the determination.

(6) A competent authority shall make availablefor inspection—

(a) any determination that it makes inrelation to a Land use plan under sub-section (3) and provide reasons for thatdetermination, and

(b) any notice given by the authority undersubsection (5),

as soon as may be after the making of the determi-nation or giving the notice, as appropriate, bymembers of the public during office hours of theoffices of the authority and shall also make thedetermination or notice available in electronicform including by placing the documents on theauthority’s website.

Draft Landuse plans andimperativereasons ofoverridingpublic interest.

177W.—(1) Where, notwithstanding a determi-nation by a competent authority that a draft Landuse plan or part thereof will adversely affect aEuropean site, and in the absence of alternativesolutions, a competent authority considers that aland use plan should nevertheless be made for


imperative reasons of overriding public interest,the authority shall—

(a) determine if there are imperativereasons of overriding public interestthat necessitate the making of theLand use plan,

(b) propose the compensatory measuresthat are necessary to ensure that theoverall coherence of the Natura 2000network is protected,

(c) prepare a statement of case that impera-tive reasons of overriding publicinterest exist and of the compensatorymeasures that are required, and

(d) forward the said statement of casetogether with the draft Land use planand Natura impact report to theMinister.

(2) A statement of case referred to in subsec-tion (1)(c) shall specify—

(a) the considerations that led to the assess-ment by the competent authority thatthe draft Land use plan wouldadversely affect the integrity of a Euro-pean site,

(b) the reasons for the forming of the viewby the competent authority that thereare no alternative solutions (includingthe option of not proceeding with thedraft Land use plan or part thereof),

(c) the reasons for the forming of the viewby the competent authority thatimperative reasons of overriding publicinterest apply to the draft Land useplan, and

(d) the compensatory measures that arebeing proposed as necessary to ensurethe overall coherence of Natura 2000,including if appropriate, the provisionof compensatory habitat.

(3) In relation to a European site that does nothost a priority natural habitat type or priorityspecies, the imperative reasons of overridingpublic interest may include those of a social oreconomic nature.

(4) In relation to a European site that hosts apriority natural habitat type or priority species, theonly imperative reasons of overriding publicinterest that may be considered are those relatingto—

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(a) human health,

(b) public safety,

(c) beneficial consequences of primaryimportance to the environment, or

(d) subject to subsection (5), and havingobtained an opinion from the Euro-pean Commission, other imperativereasons of overriding public interest.

(5) In invoking imperative reasons of overrid-ing public interest under subsection (4)(d) thecompetent authority shall advise the Minister whyhe or she should be satisfied to request an opinionfrom the European Commission.

(6) A competent authority shall make a state-ment of case referred to in subsection (1) availablefor inspection, as soon as may be after it is pre-pared and forwarded to the Minister as appro-priate, by members of the public during officehours of the offices of the authority and shall alsomake the statement available in electronic formincluding by placing the documents on the auth-ority’s website.

(7) For the purposes of this section and section177X or 177Y, ‘compensatory measures’ aremeasures proposed or considered, as the case maybe, by a competent authority in the first instance,and by the Minister, as the case may be, for thepurposes of ensuring that the overall coherence ofNatura 2000 is protected and may include the pro-vision of compensatory habitats.

European sitethat does nothost priorityhabitat orspecies anddraft Land useplan.

177X.—(1) Where the Minister receives a state-ment of case under section 177W(1) relating to aEuropean site that does not host a priority habitattype or priority species, he or she shall considerthe statement and form an opinion—

(a) whether imperative reasons of overrid-ing public interest apply,

(b) whether the compensatory measuresproposed are sufficient to ensure thatthe overall coherence of Natura 2000is protected.

(2) If the Minister forms the opinion thatimperative reasons of overriding public interest donot apply or that compensatory measures are notsufficient to ensure that the overall coherence ofNatura 2000 is protected, he or she shall givenotice thereof to the competent authority and thecompetent authority, subject to section 177Z, shallnot make—


(a) that Land use plan, or

(b) that part of the Land use plan that hasan adverse effect on the integrity of aEuropean site.

(3) The Minister shall inform the competentauthority of his or her opinion, and subject to sub-section (2), the relevant provisions of this Act con-cerning the making of the Land use plan andsection 177Z, the competent authority, having con-sidered the opinion of the Minister, may deter-mine as follows:

(a) to make the Land use plan or partthereof;

(b) to make the Land use plan or partthereof with modifications;

(c) not to make the Land use plan.

(4) Where subsection (3)(a) or (b) applies tothe making of a Land use plan, the competentauthority shall give notice thereof to the Ministerincluding a statement of the following:

(a) the considerations that led to the assess-ment by the competent authority thatthe Land use plan would adverselyaffect the integrity of a European site;

(b) the reasons for the forming of the viewby the competent authority that thereare no alternative solutions (includingthe option of not proceeding with theLand use plan or part thereof);

(c) the reasons for the forming of the viewby the competent authority thatimperative reasons of overriding publicinterest apply to the Land use plan;

(d) the compensatory measures that arebeing adopted as necessary to ensurethe overall coherence of Natura 2000,including if appropriate, the provisionof compensatory habitat.

(5) The Minister shall inform the Commissionof the matters contained in a notice given to himor her under subsection (4).

(6) The competent authority shall make anotice given under subsection (4) available forinspection, as soon as may be after it is given, bymembers of the public during office hours of theoffices of the authority and shall also make thenotice available in electronic form including byplacing the documents on the authority’s website.

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European sitethat hostspriority habitattype or speciesand draft Landuse plan.

177Y.—(1) Where the Minister receives a state-ment of case under section 177W(1) relating to aEuropean site that hosts a priority habitat type orspecies, he or she shall consider the statement andform an opinion—

(a) whether imperative reasons of overrid-ing public interest apply,

(b) whether the compensatory measuresproposed are sufficient to ensure thatthe overall coherence of Natura 2000 isprotected, or

(c) where relevant, if he or she should seekan opinion from the Commission thatimperative reasons of overriding publicinterest referred to in section177W(4)(d) apply.

(2) Where the Minister seeks the opinion of theCommission under subsection (1)(c), he or sheshall give notice thereof to the competent auth-ority and no decision shall be made by the com-petent authority in relation to the Land use planuntil the opinion of the Commission has beenreceived by the Minister and the Minister hasgiven notice of it to the competent authority.

(3) If the Minister forms the opinion thatimperative reasons of public interest do not applyor that compensatory measures are not sufficientto ensure that the overall coherence of Natura2000 is protected, he or she shall give noticethereof to the competent authority and the com-petent authority, subject to section 177Z, shallnot make—

(a) that Land use plan, or

(b) that part of the Land use plan that hasan adverse effect on the integrity of aEuropean site.

(4) The Minister shall inform the competentauthority of his or her opinion, and of the opinionof the Commission where that opinion has beensought under subsection (1)(c) and received, and,subject to subsection (3), the relevant provisionsof this Act concerning the making of the Land useplan and section 177Z, the competent authority,having considered the opinion of the Minister and,if applicable, the opinion of the Commission, maydecide as follows:

(a) to make the Land use plan or partthereof;

(b) to make the Land use plan or partthereof with modifications; or


(c) not to make the Land use plan.

(5) Where subsection (4)(a) or (b) applies tothe making of a Land use plan, the competentauthority shall give notice thereof to the Ministerincluding a statement of the following:

(a) the considerations that led to the assess-ment by the competent authority thatthe Land use plan would adverselyaffect the integrity of a European site;

(b) the reasons for the forming of the viewby the competent authority that thereare no alternative solutions (includingthe option of not proceeding with theLand use plan or part thereof);

(c) the reasons for the forming of the viewby the competent authority thatimperative reasons of overriding publicinterest apply to the land use plan;



(7) The competent authority shall make anotice given under subsection (5) available forinspection, as soon as may be after it is given, bymembers of the public during office hours of theoffices of the authority and may also make thenotice available in electronic form including byplacing the documents on the authority’s website.

Making ofLand use plansor partthereof.

177Z.—(1) Having received the opinion of theMinister under section 177X(3) or the opinion ofthe Minister and, if applicable, notification of theopinion of the Commission under section 177Y(4),where a competent authority is satisfied that adraft Land use plan may be made without the partof the draft Land use plan in relation to which theMinister, and if applicable the Commission, has orhave formed an opinion that imperative reasonsof overriding public interest do not exist or thatcompensatory measures are insufficient, then thecompetent authority may make that Land use planhaving amended the part thereof or omitted thepart therefrom in relation to which the Ministerand, if applicable, the Commission, has or haveformed that opinion.

(2) Subject to the provisions of this Act, wherea proposed part of a draft Land use plan isamended or omitted from the plan, its amendmentor omission shall not affect the validity of the

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remainder of the Land use plan where it is madewith the part thereof so amended under thissection or without the part thereof so omittedunder this section.

(3) Notwithstanding that a statement of casereferred to in section 177W(1) regarding any partof a draft Land use plan has been submitted to theMinister under that section, the competent auth-ority may proceed to make the plan other than thepart thereof so submitted.

(4) Notwithstanding the requirements of thisAct, any delay incurred in the making of a draftLand use plan or part thereof arising from com-pliance with this Part shall not invalidate the planor part thereof.

Proposeddevelopmentand imperativereasons ofoverridingpublic interest.

177AA.—(1) Where, notwithstanding a deter-mination by a competent authority that a pro-posed development will adversely affect a Euro-pean site, and in the absence of alternativesolutions, a competent authority considers thatconsent should nevertheless be given for the pro-posed development for imperative reasons ofoverriding public interest, the authority shall—

(a) determine if there are imperativereasons of overriding public interestthat necessitate the giving of consentfor the proposed development,

(b) propose the compensatory measuresthat are necessary to ensure that theoverall coherence of the Natura 2000network is protected,

(c) prepare a statement of case that impera-tive reasons of overriding publicinterest exist and of the compensatorymeasures that are required,

(d) forward the said statement to the Mini-ster together with a copy of the plan-ning application and Natura impactstatement.

(2) A statement of case referred to in subsec-tion (1)(d) shall specify—

(a) the considerations that led to the assess-ment by the competent authority thatthe proposed development wouldadversely affect the integrity of a Euro-pean site,

(b) the reasons for the forming of the viewby the competent authority that thereare no alternative solutions (includingthe option of not giving consent for theproposed development),


(c) the reasons for the forming of the viewby the competent authority thatimperative reasons of overriding publicinterest apply to the proposeddevelopment,

(d) compensatory measures that are beingproposed as necessary to ensure theoverall coherence of Natura 2000including, if appropriate, the provisionof compensatory habitat and the con-ditions to which any consent for pro-posed development shall be subjectrequiring that the compensatorymeasures are carried out.

(3) In relation to a European site that does nothost a priority natural habitat type or priorityspecies, the imperative reasons of overridingpublic interest may include those of a social oreconomic nature.

(4) In relation to a European site that hosts apriority natural habitat type or priority species, theonly imperative reasons of overriding publicinterest that may be considered are those relatingto—

(a) human health,

(b) public safety,

(c) beneficial consequences of primaryimportance to the environment, or

(d) subject to subsection (7), havingobtained an opinion from the Euro-pean Commission other imperativereasons of overriding public interest.

(5) A competent authority shall furnish a copyof the statement of case referred to in subsection(1) to an applicant for consent for proposeddevelopment.

(6) A competent authority shall make a state-ment of case referred to in subsection (1) availablefor inspection, as soon as may be after it is pre-pared and forwarded to the Minister as appro-priate, by members of the public during officehours of the offices of the authority and may alsomake the statement available in electronic formincluding by placing the documents on the auth-ority’s website.

(7) In invoking imperative reasons of overrid-ing public interest under subsection (4)(d) thecompetent authority shall advise the Minister whyhe or she should be satisfied to request an opinionfrom the European Commission.

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(8) In this section and in sections 177AB and177AC ‘compensatory measures’ are measuresproposed in the first instance by the applicant andthen by a competent authority or the Minister, asthe case may be, for the purposes of ensuring thatthe overall coherence of Natura 2000 is protectedand such measures may include the provision ofcompensatory habitat.

(9) For the purposes of this section and sections177AB and 177AC a competent authority mayattach a condition to a grant of consent for pro-posed development relating to compensatorymeasures that the authority or the Minister mayrequire which may include a condition requiringthe making of contributions to finance the pro-vision of compensatory measures and any suchcondition shall have effect as if it was attached tothe grant of consent for proposed development,pursuant to the relevant provisions of this Act,that apply to such a grant of consent.

European sitethat does nothost priorityhabitat type orspecies.

177AB.—(1) Where the Minister receives astatement of case under section 177AA(1) relatingto a European site that does not host a priorityhabitat type or priority species, he or she shall con-sider the statement of case and form an opinionon whether the compensatory measures and con-ditions referred to in section 177AA(2)(d) aresufficient to ensure that the overall coherence ofNatura 2000 is protected.

(2) If the Minister forms the opinion that com-pensatory measures are not sufficient to ensurethat the overall coherence of Natura 2000 is pro-tected, he or she shall give notice accordingly tothe competent authority and the competent auth-ority shall not grant consent to the proposeddevelopment.

(3) The Minister shall inform the competentauthority of his or her opinion and the competentauthority, having considered the opinion of theMinister under subsection (1), notwithstanding thedetermination that a proposed development willadversely affect the integrity of the European siteconcerned may determine, subject to subsection(2) and other provisions of this Act—

(a) that consent for the proposed develop-ment may be granted,

(b) that consent for the proposed develop-ment may be granted subject to con-ditions requiring that any necessarycompensatory measures are carriedout, or

(c) not to give consent to the proposeddevelopment.


(4) Where subsection (3)(a) or (b) applies to adetermination of a competent authority, the com-petent authority shall give notice thereof to theMinister including a statement of the following:

(a) the considerations that led to the assess-ment by the competent authority thatthe proposed development wouldadversely affect the integrity of a Euro-pean site;

(b) the reasons for the forming of the viewby the competent authority that thereare no alternative solutions (includingthe option of not proceeding with theproposed development);

(c) the reasons for the forming of the viewby the competent authority thatimperative reasons of overriding publicinterest apply to the proposeddevelopment;



(6) The competent authority shall give a copyof—

(a) the notice under subsection (2) of theopinion of the Minister,

(b) the determination of the competentauthority under subsection (3)together with reasons therefor,

(c) the notice under subsection (4) from thecompetent authority to the Minister,

to the following persons:

(i) the applicant;

(ii) if appropriate, any person who madesubmissions or observations in relationto the application to the competentauthority; or

(iii) if appropriate, any party to an appealor referral.

(7) The competent authority shall make copiesof the notice given under subsection (2) or (4) ora determination under subsection (3) available forinspection, as soon as may be after it is given, by

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members of the public during office hours of theoffices of the authority and shall also make thecopies available in electronic form including byplacing the documents on the authority’s website.

European sitethat hostspriority habitattype orspecies.

177AC.—(1) Where the Minister receives astatement of case under section 177AA(1) relatingto a European site that hosts a priority habitattype or species, the Minister shall consider thestatement of case and form an opinion—

(a) whether the compensatory measuresand conditions referred to in section177AA(2)(d) are sufficient to ensurethe overall coherence of Natura 2000is protected,

(b) where relevant, if he or she should seekan opinion from the Commission thatother imperative reasons of overridingpublic interest referred to in section177AA(4)(d) apply.

(2) Where the Minister seeks the opinion of theCommission under subsection (1)(b), he or sheshall give notice thereof to the competent auth-ority and no decision shall be made by the com-petent authority in relation to the proposeddevelopment until the opinion of the Commissionhas been received by the Minister and the Ministerhas given notice of it to the competent authority.

(3) If the Minister forms the opinion thatimperative reasons of overriding public interest donot apply or that compensatory measures are notsufficient to ensure that the overall coherence ofNatura 2000 is protected he or she shall give noticethereof to the competent authority and the com-petent authority shall not grant consent for theproposed development.

(4) The Minister shall inform the competentauthority of his or her opinion, and of the opinionof the Commission where such opinion has beensought and received under subsection (1)(b), andthe competent authority, having considered theopinion of the Minister under subsection (1), not-withstanding the determination that a proposeddevelopment will adversely affect the integrity ofthe European site concerned may determine, sub-ject to subsection (3) and other provisions of thisAct—

(a) that consent for the proposed develop-ment may be granted,

(b) that consent for the proposed develop-ment may be granted subject to con-ditions requiring that any necessarycompensatory measures are carriedout, or


(c) not to give consent to the proposeddevelopment.

(5) Where the competent authority grants con-sent under subsection (4)(a) or (4)(b) it shall givenotice thereof to the Minister including a state-ment of the following:

(a) the considerations that led to the assess-ment by the competent authority thatthe proposed development wouldadversely affect the integrity of a Euro-pean site;

(b) the reasons for the forming of the viewby the competent authority that thereare no alternative solutions (includingthe option of not proceeding with theproposed development);

(c) the reasons for the forming of the viewby the competent authority thatimperative reasons of overriding publicinterest apply to the proposeddevelopment;



(7) The competent authority shall give a copyof—

(a) the notice of the Minister relating to theseeking of the opinion of the Com-mission under subsection (2),

(b) the notice of the opinion of the Ministerunder subsection (3),

(c) the notice informing the competentauthority of the opinion of the Ministeror the Commission under subsection(4),

(d) the determination of the competentauthority under subsection (4),together with reasons therefor,

(e) the notice under subsection (5), fromthe competent authority to theMinister,

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to the following persons:

(i) the applicant;

(ii) if appropriate, any person who madesubmissions or observations in relationto the application to the competentauthority; or

(iii) if appropriate, any party to an appealor referral.

(8) The competent authority shall make copiesof the notice under subsection (2), (3), (4) or (5)or the determination under subsection (4) avail-able for inspection, as soon as may be after it isgiven, by members of the public during officehours of the offices of the authority and shall alsomake the copies available in electronic formincluding by placing the documents on the auth-ority’s website.

Regulations. 177AD.—(1) The Minister may by regulationsmake provision for such matters of procedure andadministration as appear to the Minister to benecessary or expedient for any matter referred toin this Part as prescribed or to be prescribed.

(2) Without prejudice to the generality of theforgoing, the Minister may make regulations, forthe purpose of this Part, to give effect to a pro-vision of the Treaty on the European Union, ora legislative act adopted by an institution of theEuropean Union, including the Habitats andBirds Directives.

(3) Without prejudice to the generality of sub-section (1) or (2), regulations under this sectionmay—

(a) contain such incidental, supplementaryand consequential provisions as appearto the Minister to be necessary for thepurposes of the regulations,

(b) contain provisions repealing, amendingor applying, with or without modifi-cation, other law, exclusive of theEuropean Communities Act 1972 andthe European Communities Act 2007,

(c) make provision for—

(i) compensatory measures includingrelating to provision of compensa-tory habitat, conditions that maybe attached to a consent for pro-posed development, financial con-tributions, or bonds required inrelation to compensatorymeasures, implementation, man-agement, and supervision of


implementation of compensatorymeasures,

(ii) conditions for the purposes of thisPart that may be attached to aconsent for proposed develop-ment, including in relation to pro-tection of species or habitats ofspecies,

(iii) consultation between an applicantfor consent for proposed develop-ment and a competent authorityfor any purpose under this Part,

(iv) consultation between a competentauthority and the Minister for anypurpose required under this Part,

(v) in relation to proposed develop-ment or classes of development, inaddition to matters provided by orunder this Act in relation to anapplication for consent for pro-posed development, the sub-mission of a Natura impact state-ment with an application forconsent,

(vi) information or classes of infor-mation to be contained in aNatura impact statement or aNatura impact report,

(vii) qualifications of persons or classesof persons who shall furnish infor-mation referred to in subpara-graph (vi),

(viii) information or classes of infor-mation to be contained in noticespublished under this Part,

(ix) persons or classes of persons to benotified that an appropriateassessment or a screening appro-priate assessment is to be carriedout,

(x) persons or classes of persons to benotified of the outcome of anappropriate assessment or a scre-ening for appropriate assessment,

(xi) records, or classes of records to beretained and the periods for whichthey should be retained by a com-petent authority in relation toappropriate assessment of Landuse plans.

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AppropriateAssessment ofcertaindevelopmentcarried out byor on behalf oflocalauthorities.

177AE.—(1) Where an appropriate assessmentis required in respect of development—

(a) by a local authority that is a planningauthority, whether in its capacity as aplanning authority or in any othercapacity, or

(b) by some other person on behalf of, orjointly or in partnership with, such alocal authority, pursuant to a contractentered into by that local authoritywhether in its capacity as a planningauthority or in any other capacity,

within the functional area of the local authorityconcerned (hereafter in this section referred to as‘proposed development’), the local authority shallprepare, or cause to be prepared, a Natura impactstatement in respect thereof.

(2) Proposed development in respect of whichan appropriate assessment is required shall not becarried out unless the Board has approved it withor without modifications.

(3) Where a Natura impact statement has beenprepared pursuant to subsection (1), the localauthority shall apply to the Board for approvaland the provisions of Part XAB shall apply to thecarrying out of the appropriate assessment.

(4) Before a local authority makes an appli-cation for approval under subsection (3), it shall—

(a) publish in one or more newspapers cir-culating in the area in which it is pro-posed to carry out the development anotice indicating the nature andlocation of the proposed develop-ment, and—

(i) stating that—

(I) it proposes to seek theapproval of the Board for theproposed development,

(II) a Natura impact statement hasbeen prepared in respect ofthe proposed development,

(III) the Board may give approvalto the application fordevelopment with or withoutconditions or may refuse theapplication for development,

(ii) specifying the times and places atwhich, and the period (not beingless than 6 weeks) during which, a


copy of the Natura impact state-ment may be inspected free ofcharge or purchased, and

(iii) inviting the making, during suchperiod, of submissions and obser-vations to the Board relating to—

(I) the implications of the pro-posed development forproper planning and sus-tainable development in thearea concerned,

(II) the likely effects on the envir-onment of the proposeddevelopment, and

(III) the likely significant effects ofthe proposed development ona European site,

if carried out,

and

(b) send a copy of the application and theNatura impact statement to the pre-scribed authorities together with anotice stating that submissions orobservations may, during the periodreferred to in paragraph (a)(ii), bemade in writing to the Board inrelation to—

(i) the likely effects on the envir-onment of the proposeddevelopment,

(ii) the implications of the proposeddevelopment for proper planningand sustainable development inthe area concerned, and

(iii) the likely significant effects of theproposed development on a Euro-pean site,

if carried out.

(5) (a) The Board may—

(i) if it considers it necessary to do so,require a local authority that hasapplied for approval for a pro-posed development to furnish tothe Board such further infor-mation in relation to—

(I) the effects on the environmentof the proposed develop-ment, or

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(II) the consequences for properplanning and sustainabledevelopment in the area inwhich it is proposed to situatethe said development of suchdevelopment, or


as the Board may specify, or

(ii) if it is provisionally of the view thatit would be appropriate toapprove the proposed develop-ment with certain alterations(specified in the notificationreferred to in this subparagraph)to be made to the terms of it,notify the local authority that it isof that view and invite the auth-ority to make to the terms of theproposed development alterationsspecified in the notification and, ifthe authority makes those alter-ations, to furnish to it such infor-mation (if any) as it may specify inrelation to the development, inthe terms as so altered, or, wherenecessary, a revised Natura impactstatement in respect of it.

(b) If a local authority makes the alterationsto the terms of the proposed develop-ment specified in a notification givento it under paragraph (a), the terms ofthe development as so altered shall bedeemed to be the proposed develop-ment for the purposes of this section.

(c) The Board shall—

(i) where it considers that any furtherinformation received pursuant toa requirement made under para-graph (a)(i) contains significantadditional data relating to—

(I) the likely effects on the envir-onment of the proposeddevelopment,

(II) the likely consequences for theproper planning and sus-tainable development in thearea in which it is proposed tosituate the said developmentof such development, and



or

(ii) where the local authority has madethe alterations to the terms of theproposed development specifiedin a notification given to it underparagraph (a)(ii),

require the local authority to do thethings referred to in paragraph (d).

(d) The things which a local authority shallbe required to do as aforesaid are—

(i) to publish in one or more news-papers circulating in the area inwhich the proposed developmentwould be situate a notice statingthat, as appropriate—

(I) further information in relationto the proposed developmenthas been furnished to theBoard, or

(II) the local authority has, pursu-ant to an invitation of theBoard, made alterations tothe terms of the proposeddevelopment (and the natureof those alterations shall beindicated) and, if it be thecase, that information inrelation to the terms of thedevelopment as so altered ora revised Natura impact state-ment in respect of thedevelopment has been fur-nished to the Board,

indicating the times at which, theperiod (which shall not be lessthan 3 weeks) during which andthe place, or places, where a copyof the information or the Naturaimpact statement referred to inclause (I) or (II) may be inspectedfree of charge or purchased andthat submissions or observationsin relation to that information orstatement may be made to theBoard before the expiration of theindicated period, and

(ii) to send to each prescribed auth-ority to which notice was givenpursuant to subsection (4)(b)—

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(I) a notice of the furnishing tothe Board of, as appropriate,the further informationreferred to in subparagraph(i)(I) or the information orstatement referred to in sub-paragraph (i)(II), and

(II) a copy of that further infor-mation, information orstatement,

and to indicate to the authoritythat submissions or observationsin relation to that further infor-mation, information or statementmay be made to the Board beforethe expiration of a period (whichshall not be less than 3 weeks)beginning on the day on which thenotice is sent to the prescribedauthority by the local authority.

(6) Before making a decision in respect of aproposed development under this section, theBoard shall consider—

(a) the Natura impact statement submittedpursuant to subsection (1) or (5)(a)(ii),any submission or observations madein accordance with subsection (4) or(5) and any other information fur-nished in accordance with subsection(5) relating to—


(ii) the likely consequences for properplanning and sustainable develop-ment in the area in which it is pro-posed to situate the said develop-ment of such development, and

(iii) the likely significant effects of theproposed development upon aEuropean site,

(b) the report and any recommendations ofthe person conducting a hearingreferred to in subsection (7) where evi-dence is heard at such a hearing relat-ing to—



(ii) the likely consequences for properplanning and sustainable develop-ment in the area in which it is pro-posed to situate the said develop-ment of such development, and

(iii) the likely significant effects of theproposed development upon aEuropean site.

(7) The person conducting an oral hearing inrelation to the compulsory purchase of land whichrelates wholly or partly to a proposed develop-ment under this section in respect of which a localauthority has applied for approval shall be entitledto hear evidence relating to—

(a) the likely effects on the environment ofthe proposed development,

(b) the likely consequences for proper plan-ning and sustainable development inthe area in which it is proposed to situ-ate the said development of suchdevelopment, and

(c) the likely significant effects of the pro-posed development upon a Europeansite.

(8) (a) The Board may, in respect of an appli-cation for approval under this sectionof proposed development—

(i) approve the proposeddevelopment,

(ii) make such modifications to theproposed development as it speci-fies in the approval and approvethe proposed development as somodified,

(iii) approve, in part only, the proposeddevelopment (with or withoutspecified modifications of it of theforegoing kind), or

(iv) refuse to approve the proposeddevelopment, and may attach toan approval under subparagraph(i), (ii) or (iii) such conditions asit considers appropriate.

(b) Without prejudice to the generality ofthe foregoing power to attach con-ditions, the Board may attach to anapproval under paragraph (a)(i), (ii) or(iii) a condition requiring—

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(i) the construction or the financing, inwhole or in part, of the construc-tion of a facility, or

(ii) the provision or the financing, inwhole or in part, of the provisionof a service,

in the area in which the proposeddevelopment would be situated, beinga facility or service that, in the opinionof the Board, would constitute a sub-stantial gain to the community.

(c) A condition attached pursuant to para-graph (b) shall not require such anamount of financial resources to becommitted for the purposes of the con-dition being complied with as wouldsubstantially deprive the person inwhose favour the approval operates ofthe benefits likely to accrue from thegrant of the approval.

(9) (a) The Board shall direct the payment ofsuch sum as it considers reasonable bythe local authority concerned to theBoard towards the costs and expensesincurred by the Board in determiningan application under this section forapproval of a proposed development,including—

(i) the costs of holding any oral hear-ing in relation to the application,

(ii) the fees of any consultants oradvisers engaged in the matter,and

(iii) an amount equal to such portion ofthe remuneration and any allow-ances for expenses paid to themembers and employees of theBoard as the Board determines tobe attributable to the performanceof duties by the members andemployees in relation to the appli-cation, and the local authorityshall pay the sum.

(b) If a local authority fails to pay a sumdirected to be paid under paragraph(a), the Board may recover the sumfrom the authority as a simple contractdebt in any court of competentjurisdiction.

(10) (a) Where an application under this sectionrelates to proposed developmentwhich comprises or is for the purposesof an activity for which an integrated


pollution control licence or a wastelicence is required, the Board shall not,where it decides to approve the pro-posed development, subject thatapproval to conditions which are forthe purposes of—

(i) controlling emissions from theoperation of the activity, includingthe prevention, limitation, elimin-ation, abatement or reduction ofthose emissions, or

(ii) controlling emissions related to orfollowing the cessation of theoperation of the activity.

(b) Where an application under this sectionrelates to proposed developmentwhich comprises or is for the purposesof an activity for which an integratedpollution control licence or a wastelicence is required, the Board may, inrespect of any proposed developmentcomprising or for the purposes of theactivity, decide to refuse the proposeddevelopment, where the Board con-siders that the development, notwith-standing the licensing of the activity, isunacceptable on environmentalgrounds, having regard to the properplanning and sustainable developmentof the area in which the developmentis or will be situate or is unacceptableon habitats grounds having regard tothe provisions of Part XAB.

(c) (i) Before making a decision in respectof proposed development com-prising or for the purposes of anactivity, the Board may requestthe Environmental ProtectionAgency to make observationswithin such period (which periodshall not in any case be less than 3weeks from the date of therequest) as may be specified bythe Board in relation to the pro-posed development.

(ii) When making its decision theBoard shall have regard to theobservations, if any, received fromthe Agency within the periodspecified under subparagraph (i).

(d) The Board may, at any time after theexpiration of the period specified bythe Board under paragraph (c)(i) formaking observations, make its decisionon the application.

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(e) The making of observations by theAgency under this section shall notprejudice any other function of theAgency under the Environmental Pro-tection Agency Act 1992.

(11) (a) The Minister may make regulations toprovide for such matters of procedureand administration as appear to theMinister to be necessary or expedientin respect of applications for approvalunder this section.

(b) Without prejudice to the generality ofparagraph (a), regulations under thissubsection may make provision for—

(i) enabling a local authority torequest the Board to give a writ-ten opinion on the information tobe contained in a Natura impactstatement,

(ii) matters of procedure relating to themaking of observations by theEnvironmental Protection Agencyunder this section and mattersconnected therewith, and

(iii) requiring the Board to give infor-mation in respect of its decisionregarding the proposed develop-ment for which approval is sought.

(12) In considering under subsection (6) infor-mation furnished relating to the likely con-sequences for proper planning and sustainabledevelopment of a proposed development in thearea in which it is proposed to situate suchdevelopment, the Board shall have regard to—

(a) the provisions of the development planfor the area,

(b) the provisions of any special amenityarea order relating to the area,

(c) if the area or part of the area is a Euro-pean site or an area prescribed for thepurposes of section 10(2)(c), that fact,

(d) where relevant, the policies of theGovernment, the Minister or any otherMinister of the Government, and

(e) the provisions of this Act and regu-lations under this Act where relevant.

(13) A person who contravenes a conditionimposed by the Board under this section shall beguilty of an offence.


(14) This section shall not apply to proposedroad development within the meaning of theRoads Acts 1993 to 2007, by or on behalf of aroad authority.”.


(a) by the substitution of the following paragraph for para-graph (a):

“(a) consists of works of maintenance or repair otherthan works to a protected structure, or a pro-posed protected structure, which would materi-ally affect the character of—

(i) the structure, or

(ii) any element of the structure which contrib-utes to its special architectural, historical,archaeological, artistic, cultural, scientific,social or technical interest,”,

(b) by the substitution of the following paragraph for para-graph (c):

“(c) consists of works which a local authority isrequired to undertake—

(i) by or under any enactment,

(ii) by or under the law of the EuropeanUnion, or a provision of any act adoptedby an institution of the European Union,or

(iii) by order of a court.”.

59.—Section 180 (amended by section 114 of the Act of 2007) ofthe Principal Act is amended—

(a) in subsection (1), by the substitution of “by the majorityof the owners of the houses involved” for “by themajority of the qualified electors who are owners or occu-piers of the houses involved”,

(b) In subsection (2)(a)—

(i) by the insertion of “referred to in subsection (1)” after“where the development”,

(ii) by the substitution of “where requested by themajority of owners of the houses involved” for“where requested by the majority of qualified elec-tors who own or occupy the houses in question”,

(c) To insert the following subsection after subsection (2):

“(2A) (a) Notwithstanding subsections (1) or (2), wherea development referred to in subsection (1) has

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not been completed to the satisfaction of theplanning authority and either—

(i) enforcement proceedings have been com-menced by the planning authority withinseven years beginning on the expiration,as respects the permission authorising thedevelopment, of the appropriate period,or

(ii) the planning authority considers thatenforcement proceedings will not result inthe satisfactory completion of the develop-ment by the developer,

the authority may in its absolute discretion, atany time after the expiration as respects thepermission authorising the development of theappropriate period, where requested by amajority of the owners of the houses in ques-tion, initiate the procedures under section 11of the Roads Act 1993.

(b) In exercising its discretion and initiating pro-cedures under section 11 of the Roads Act1993, the authority may apply any securitygiven under section 34(4)(g) for the satisfac-tory completion of the development inquestion.”,

(d) in subsection (3)(a), by the substitution of “the wishes ofthe owners of the houses” for “the wishes of the quali-fied electors”,

(e) in subsection (3)(b), by the substitution of “the wishes ofthe owners of the houses” for “the wishes of the quali-fied electors”,

(f) by the substitution of the following for subsection (4):

“(4) (a) Where an order is made under section 11(1) ofthe Roads Act 1993 in compliance with subsec-tion (1) or (2), the planning authority shall, inaddition to the provisions of that section, takein charge—

(i) (subject to paragraph (c)), any sewers, wat-ermains or service connections within theattendant grounds of the development,and

(ii) public open spaces or public car parkswithin the attendant grounds of thedevelopment.

(b) Where an order is made under section 11(1) ofthe Roads Act 1993 in compliance with subsec-tion (2A), the planning authority may, inaddition to the provisions of that section takein charge—


(i) (subject to paragraph (c)) some or all of thesewers, watermains or service connectionswithin the attendant grounds of thedevelopment, and

(ii) some or all of the public open spaces orpublic car parks within the attendantgrounds of the development,

and may undertake,

(I) any works which, in the opinion of theauthority, are necessary for the com-pletion of such sewers, watermains orservice connections, public openspaces or public car parks within theattendant grounds of the develop-ment, or

(II) any works as in the opinion of theauthority, are necessary to make thedevelopment safe,

and may recover the costs of works referred toin clause (I) or (II) from the developer as asimple contract debt in a court of competentjurisdiction.

(c) A planning authority that is not a water servicesauthority within the meaning of section 2 of theAct of 2007 shall not take in charge any sewers,watermains or service connections under para-graph (a)(i) or (b)(i), but shall request the rel-evant water services authority to do so.

(d) In paragraph (a)(ii), ‘public open spaces’ or‘public car parks’ means open spaces or carparks to which the public have access whetheras of right or by permission.

(e) In this subsection, ‘public open spaces’ meansopen spaces or car parks to which the publichave access whether as of right or bypermission.”,

and

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

“(6) In this section ‘appropriate period’ has the mean-ing given to the term in section 40, as extended undersection 42 or 42A as the case may be.”.

60.—Section 181A of the Principal Act is amended as follows—

(a) by the substitution of “effects on the environment oradverse effects on the integrity of a European site as thecase may be” for “effects on the environment” in everyplace (other than in subsections (3)(a)(i)(III) and (3)(c)),where it occurs,

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Amendment ofsection 181C ofPrincipal Act.


128


(b) by the substitution of “environmental impact statement orNatura impact statement or both of those statements asthe case may be”, for “environmental impact statement”in every place (other than in subsection (3)(c)), whereit occurs,

(c) by the substitution of “revised environmental impact state-ment or revised Natura impact statement or both of thosestatements, as the case may be” for “revised environmen-tal statement” in every place that it occurs.

61.—Section 181B of the Principal Act is amended—

(a) by the substitution of “environmental impact statement orNatura impact statement or both of those statements asthe case may be”, for “environmental impact statement”in both places where it occurs,

(b) in subsection (1), by the substitution of “effects on theenvironment or adverse effects on the integrity of a Euro-pean site”, for “effects on the environment” in everyplace it occurs,

(c) in subsection (3) by the substitution of “the effects, if anyof the proposed development on the environment oradverse effects, if any of the proposed development onthe integrity of a European site” for “the effects, if anyof the proposed development on the environment”.

62.—Section 181C of the Principal Act is amended—

(a) in subsection (2) by the substitution of “development, theenvironment or a European site” for “development orthe environment”,


(i) in paragraph (a) to substitute “effects on the envir-onment or adverse effects on the integrity of a Euro-pean site as the case may be” for “effects on theenvironment”, and

(ii) in paragraph (b) to substitute “environmental impactstatement or Natura impact statement or both ofthose statements as the case may be”, for “environ-mental impact statement”.

63.—Section 182A of the Principal Act is amended—

(a) by the substitution of “effects on the environment oradverse effects on the integrity of a European site as thecase may be” for “effects on the environment” in everyplace (other than in subsections (4)(a)(i)(III) and (5)(c))where it occurs,

(b) by the substitution of “environmental impact statement orNatura impact statement or both of those statements asthe case may be”, for “environmental impact statement”


in every place (other than in subsection (5)(c)) where itoccurs, and

(c) by the substitution of “revised environmental impact state-ment or revised Natura impact statement or both of thosestatements, as the case may be” for “revised environmen-tal statement” in every place where it occurs.

64.—Section 182B (inserted by section 4 of the Act of 2006) of thePrincipal Act is amended—


(i) by the substitution of “environmental impact state-ment or Natura impact statement or both of thosestatements as the case may be”, for “environmentalimpact statement”, and

(ii) by the substitution of “effects on the environment oradverse effects on the integrity of a European site asthe case may be” for “effects on the environment”,

(b) in subsection (3)(a) by the substitution of “the effects, ifany of the proposed development on the environment oradverse effects, if any, of the proposed development onthe integrity of a European site” for “the effects, if anyof the proposed development on the environment”,


“(5A) A decision of the Board under subsection (5)shall state—

(a) the main reasons and considerations on whichthe decision is based,

(b) where conditions are attached under subsection(5) or (6) the main reasons for attaching them,

(c) the sum and direct the payment of the sum tobe paid to the Board towards the costs incurredby the Board of—

(i) giving a written opinion in compliance witha request under section 182E(3) (insertedby section 4 of the Act of 2006),

(ii) conducting consultations under section182E, and

(iii) determining the application made undersection 182A (inserted by section 4 of theAct of 2006) under this section,

and, in such amount as the Board considers tobe reasonable, state the sum to be paid anddirect the payment of the sum to any planningauthority that incurred costs during the courseof consideration of that application and to anyother person as a contribution to the costs

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Amendment ofsection 182C ofPrincipal Act.

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incurred by that person during the course ofconsideration of that application (each ofwhich the sums the Board may, by virtue ofthis subsection, require to be paid).

(5B) A reference to costs in subsection (5A)(c) shall beconstrued as a reference to such costs as the Board in itsabsolute discretion considers to be reasonable costs, butdoes not include a reference to so much of the costs therereferred to as have been recovered by the Board by wayof a fee charged under section 144.

(5C) A notice of a decision given under subsection (5)shall be furnished to the applicant as soon as may be afterit is given but shall not become operative until any require-ment under subsection (5A)(c) in relation to the paymentby the applicant of a sum in respect of costs has been com-plied with.

(5D) Where an applicant for permission fails to pay asum in respect of costs in accordance with a requirementunder subsection (5A)(c), the Board, the planning auth-ority or any other person concerned (as may beappropriate) may recover the sum as a simple contractdebt in any court of competent jurisdiction.”.

65.—Section 182C of the Principal Act is amended—

(a) in subsection (1) by the insertion of “, and where theBoard determines following consultations under section182E that the development comes within paragraph (a),(b) or (c) of section 37A(2),” after “ ‘proposeddevelopment’)”,

(b) by the substitution of “effects on the environment oradverse effects on the integrity of a European site as thecase may be” for “effects on the environment” in everyplace (other than in subsection (4)(a)(i)(III)) where itoccurs,

(c) by the substitution of “environmental impact statement orNatura impact statement or both of those statements asthe case may be”, for “environmental impact statement”in every place where it occurs,

(d) in subsection (8), by the substitution of “revised environ-mental impact statement or revised Natura impact state-ment or both of those statements, as the case may be”for “revised environmental statement”,

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

“(9) In the case of any application to the Board underthis section, the Board shall request the Commission tomake observations on safety or operational matters includ-ing any relevant safety advice or specific recommendationswhich the Commission considers appropriate within suchperiod as may be specified (which period shall not be lessthan 3 weeks from the date of the request).”,


(f) by the insertion of the following subsections after subsec-tion (9):

“(9A) In considering the likely effects of a proposeddevelopment on the environment or significant effects ona European site and the consequences of the developmentfor proper planning and sustainable development, theBoard shall have particular regard to the observations thatthe Commission considers it appropriate to make to theBoard as requested under subsection (9).

(9B) Where the Board is considering not accepting theobservations of the Commission it shall give notice to andconsult with the Commission, giving its reasons and theBoard shall request the Commission to respond within 3weeks of the giving of notice under this subsection.

(9C) The Board shall consider any response given bythe Commission under subsection (9B) before it makes adecision under section 182D.

(9D) The Board, in giving an approval for a proposeddevelopment under section 182D(5)(a), (b) or (c) or refus-ing to approve a proposed development under section182D(5)(d), where it does not follow the observations ofthe Commission or part thereof, shall give reasons.

(9E) In making observations on safety or operationalmatters including any relevant safety advice or specificrecommendations which the Commission considers appro-priate under this section, the Commission may, withoutprejudice to the generality of the entitlement to make suchobservations, refer to such matters as it considers appro-priate, including—

(a) a safety framework established under section13I of the Act of 1999,

(b) directions made by the Minister for Communi-cations, Energy and Natural Resources undersection 13J of the Act of 1999,

(c) guidelines issued under section 13L of the Actof 1999,

(d) a safety case as defined by section 13A(1) of theAct of 1999,

(e) a revised safety case within the meaning ofsection 13N of the Act of 1999,

(f) a safety permit issued pursuant to section 13Pof the Act of 1999,

(g) an improvement notice issued under section 13Zof the Act of 1999,

(h) a prohibition notice issued under section 13AAof the Act of 1999,

(i) safety standards referred to in guidelines issuedunder section 13L of the Act of 1999,

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(j) standards and codes of practice referred to insection 13L(3)(c), and

(k) conditions relating to petroleum authorisations.

(9F) In subsection (9E)—

(a) ‘Act of 1999’ means the Electricity RegulationAct 1999;

(b) a term or expression used in that subsection hasthe same meaning as it has in Part IIA of theElectricity Regulation Act 1999.”.

66.—Section 182D (inserted by section 4 of the Act of 2006) of thePrincipal Act is amended—


(i) by the substitution of “environmental impact state-ment or Natura impact statement or both of thosestatements as the case may be”, for “environmentalimpact statement”, and

(ii) by the substitution of “effects on the environment oradverse effects on the integrity of a European site asthe case may be” for “effects on the environment”,

(b) in subsection (3)(a), by the substitution of “the effects, ifany of the proposed development on the environment oradverse effects, if any of the proposed development onthe integrity of a European site” for “the effects, if anyof the proposed development on the environment”,


“(5A) A decision of the Board given under subsection(5) shall state—

(a) the main reasons and considerations on whichthe decision was based,

(b) where conditions are attached under subsection(5) or (6), the main reasons for attaching theconditions, and

(c) the sum and direct the payment of the sum tobe paid to the Board towards the costs incurredby the Board—

(i) in complying with its obligations undersections 146B, 146C, 146D (inserted bysection 30 of the Act of 2006), and 181A(inserted by section 36 of the Act of 2006),

(ii) relating to the giving of a written opinionin compliance with a request made undersection 182E(3) (inserted by section 4 ofthe Act of 2006),


(iii) of conducting consultations under section182E,

(iv) of determining the application made undersection 182C (inserted by section 4 of theAct of 2006) under this section,

and, in such amount as the Board considers tobe reasonable, state the sum to be paid anddirect the payment of the sum to any planningauthority that incurred costs during the courseof consideration of that application and to anyother person as a contribution to the costsincurred by that person during the course ofconsideration of that application (each ofwhich the sums the Board may, by virtue ofthis subsection, require to be paid).

(5B) A reference to costs in subsection (5A)(c) shall beconstrued as a reference to such costs as the Board in itsabsolute discretion considers to be reasonable costs, butdoes not include a reference to so much of the costs therereferred to as have been recovered by the Board by wayof a fee charged under section 144.

(5C) A notice of a decision given under subsection (5)shall be furnished to the applicant as soon as may be afterit is given but shall not become operative until any require-ment under subsection (5A)(c) in relation to the paymentby the applicant of a sum in respect of costs has been com-plied with.

(5D) Where an applicant for permission fails to pay asum in respect of costs in accordance with a requirementunder subsection (5A)(c), the Board, the planning auth-ority or any other person concerned (as may beappropriate) may recover the sum as a simple contractdebt in any court of competent jurisdiction.”.

67.—Section 191(2) of the Principal Act is amended by the substi-tution of “the making of a new development plan under section 12or the preparing, making, amending or revoking of a local area planunder section 18 or 20.” for “the making of a new development planunder section 12.”.


(a) in subsection (1)(f) by the substitution of “geological orhistorical interest;” for “geological, historical, scientific orecological interest.”,

(b) by the insertion of the following paragraph after subsec-tion (1)(f):

“(g) secure the creation, management, restoration orpreservation of any site of scientific or ecologi-cal interest, including any Nature Con-servation Site,”,

and

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“(5) In this section ‘Nature Conservation Site’ means—

(a) a European site,

(b) an area proposed as a natural heritage area andthe subject of a notice made under section16(1) of the Wildlife (Amendment) Act 2000,

(c) an area designated as a natural heritage area bya natural heritage area order made undersection 18 of the Wildlife (Amendment) Act2000,

(d) a nature reserve established under an establish-ment order made under section 15 (amendedby section 26 of the Wildlife (Amendment) Act2000) of the Wildlife Act 1976,

(e) a nature reserve recognised under a recognitionorder made under section 16 (amended bysection 27 of the Wildlife (Amendment) Act2000) of the Wildlife Act 1976, or

(f) a refuge for fauna or flora designated under adesignation order made under section 17(amended by section 28 of the Wildlife(Amendment) Act 2000) of the Wildlife Act1976.”.

69.—Section 217 of the Principal Act is amended by the insertionof the following subsection after subsection (6):

“(6A) (a) Notwithstanding subsection (6) where legal pro-ceedings are in being either—

(i) challenging the validity of the compulsory pur-chase order or provisional order concerned, or

(ii) challenging the validity of permissions, consentsor authorisations granted by or under this Actor by or under any other enactment relating tothe project in respect of, or purpose for which,the land concerned is being acquired,

and a notice to treat is not served within the periodof 18 months (in this subsection referred to as the‘first period’), the first period shall be extended fora further period (in this subsection referred to as the‘second period’) beginning on the day immediatelyafter the day on which the first period expires andexpiring on the earlier of—

(I) 30 days after the day on which the legal pro-ceedings are concluded, or

(II) 18 months after the day on which the firstperiod expires.


(b) Where proceedings referred to in paragraph (a) havenot been concluded during the second period, on anapplication to the High Court by the Local Authoritynot later than four weeks after the expiry of thesecond period, the Court considers that in the part-icular circumstances there is good and sufficientreason for doing so, the Court may extend thesecond period by such further period as it believesnecessary in the circumstances provided that it is justand equitable to do so having regard to all of the cir-cumstances.”.

70.—Section 220(1) of the Principal Act is amended by the substi-tution of “procedures for giving effect to the Environmental ImpactAssessment Directive” for “procedures for giving effect to theCouncil Directive”.

71.—Section 248(9) of the Principal Act is amended by thedeletion of the definition of “electronic form”.

72.—Section 251 of the Principal Act is amended by the substi-tution of the following for the section:

“251.—Where calculating any appropriate period or othertime limit referred to in this Act or in any regulations madeunder this Act, the period between the 24th day of Decemberand the first day of January, both days inclusive, shall be dis-regarded.”.


(a) in subsection (1), by the substitution of “enter a premisesor on land” for “enter any premises”,


(i) by the substitution of “enters a premises or on land”for “enters any premises”, and

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

“(a) require from an occupier of the premises orland or any person employed on the prem-ises or land or any other person on thepremises or land such information, or”,


(i) in paragraph (a) by the substitution of—

(I) “prevented from entering a premises or on land”for “prevented from entering any premises”,

(II) “present in a premises or on land” for “presentin any premises”, and

(III) “by the authorised person in the premises or onthe land” for “by the authorised person in thepremises”,

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136


(ii) in paragraph (b) by the substitution of—

(I) “prevented from entering a premises or on land”for “prevented from entering a premises”,

(II) “to enter the premises or on the land concerned,if need be by force” for “to enter, if need be byforce, the premises concerned”.


(a) In subsection (6)—

(i) by the insertion of the following paragraph after para-graph (a):

“(aa) Notwithstanding any other provisions ofthis Act, the operation of a quarry inrespect of which the owner or operatorfails to comply with conditions imposedunder paragraph (a)(i) shall be unauthor-ised development.”, and

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

“(b) Where, in relation to a grant of planningpermission conditions have been restated,modified or added in accordance withparagraph (a), the planning permissionshall be deemed, for the purposes of thisAct, to have been granted under section34, on the date the conditions wererestated, modified or added, and any con-dition so restated, modified or added shallhave effect as if imposed under section34.”,

(b) In subsection (7) by the insertion of the following para-graphs after paragraph (c):

“(d) Notwithstanding any other provision of this Act,the continued operation of a quarry in respectof which a notification under paragraph (a)applies, unless a planning application in respectof the quarry is submitted to the planning auth-ority within the period referred to in that para-graph, shall be unauthorised development.

(e) Notwithstanding any other provision of this Act,the continued operation of a quarry in respectof which the owner or operator has beenrefused permission in respect of an applicationfor permission made on foot of a notificationunder paragraph (a) shall be unauthoriseddevelopment.

(f) Notwithstanding any other provision of this Act,the continued operation of a quarry in respectof which the owner or operator fails to complywith conditions attached to a permission


granted in respect of an application for per-mission made on foot of a notification underparagraph (a) shall be unauthoriseddevelopment.”,

(c) In subsection (8), by the insertion of the following para-graph after paragraph (b):

“(c) Where, in relation to a quarry which com-menced operation before 1 October 1964 aplanning authority imposes conditions undersubsection (6)(a)(i) on the operation of thequarry, the owner or operator of the quarrymay claim compensation under section 197 andreferences in that section to compliance withconditions on the continuance of any use ofland consequent upon a notice under section46 shall be construed as including references tocompliance with conditions so added or modi-fied, save that no such claim may be made inrespect of any condition relating to a matterspecified in paragraph (a), (b) or (c) of section34(4), or in respect of a condition relating tothe prevention, limitation or control of emis-sions from the quarry, or the reinstatement ofland on which the quarry is situated.”,

(d) by the substitution of the following for subsection (10):

“(10) Notwithstanding any other provision of this Act,a quarry to which this section applies in respect of whichthe owner or operator fails to provide information inrelation to the operation of the quarry in accordance withsubsection (1) or in accordance with a requirement undersubsection (3) shall be unauthorised development.”,

and

(e) in subsection (13), by the deletion of the definitions of“operator” and “quarry”.

75.—The Principal Act is amended by the insertion of the follow-ing section after section 261:

“261A.—(1) Each planning authority shall, not later than 4weeks after the coming into operation of this section, publisha notice in one or more than one newspaper circulating in itsadministrative area and on the authority’s website, stating—

(a) that it intends to examine every quarry in its adminis-trative area to determine, in relation to that quarry,whether having regard to the Environmental ImpactAssessment Directive and the Habitats Directive,one or more than one of the following was requiredbut was not carried out—

(i) an environmental impact assessment;

(ii) a determination as to whether an environmentalimpact assessment is required;

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(iii) an appropriate assessment,

(b) that where the planning authority determines inrelation to a quarry that an environmental impactassessment, a determination as to whether environ-mental impact assessment was required, or an appro-priate assessment, was required but was not carriedout and the planning authority also decides that—

(i) the quarry commenced operation prior to 1October 1964, or permission was granted inrespect of the quarry under Part III of the Plan-ning and Development Act 2000 or Part IV ofthe Local Government (Planning andDevelopment) Act 1963,

and

(ii) if applicable, the requirements in relation toregistration under section 261 of the Planningand Development Act 2000 were fulfilled,

the planning authority will issue a notice to theowner or operator of the quarry requiring him or herto submit an application to the Board for substituteconsent, such application to be accompanied by aremedial environmental impact statement or aremedial Natura impact statement or both of thosestatements, as appropriate,

(c) that where the planning authority determines inrelation to a quarry that an environmental impactassessment, a determination as to whether environ-mental impact assessment was required, or an appro-priate assessment was required, but was not carriedout and the planning authority also decides that —

(i) the quarry commenced operation on or after 1October 1964 and no permission was granted inrespect of the quarry under Part III of the Plan-ning and Development Act 2000 or Part IV ofthe Local Government (Planning andDevelopment) Act 1963,

or

(ii) if applicable, the requirements in relation toregistration under section 261 of the Planningand Development Act 2000 were not fulfilled,

the planning authority will issue a notice to theowner or operator of the quarry informing him orher that it intends to issue an enforcement noticeunder section 154 requiring the cessation of the oper-ation of the quarry and the taking of such steps asthe planning authority considers appropriate,

(d) that where the planning authority determines inrelation to a quarry that an environmental impactassessment, a determination as to whether anenvironmental impact assessment was required, oran appropriate assessment, was required but was not


carried out and the planning authority also deter-mines that the development in question was carriedout after 3 July 2008, the planning authority willissue a notice to the owner or operator of the quarryinforming him or her that it intends to issue anenforcement notice under section 154 requiring thecessation of the operation of the quarry and the tak-ing of such steps as the planning authority con-siders appropriate,

(e) that submissions or observations may be made in writ-ing to the planning authority in relation to anyquarry in its administrative area, by any person, notlater than 6 weeks after the date of the publicationof the notice under paragraph (a), that no fee inrelation to the making of the submissions or obser-vations shall be payable and that such submissionsor observations will be considered by the planningauthority,

(f) that a copy of any notice that is issued to the owneror operator of a quarry under this section, directinghim or her to apply to the Board for substitute con-sent or informing him or her that the planning auth-ority intends to issue an enforcement notice undersection 154 in respect of the quarry, shall be given toa person who, not later than 6 weeks after the dateof the publication of the notice under paragraph (a)made submissions or observations, and

(g) that an owner or operator of a quarry to whom anotice is issued, and any person to whom a copy ofsuch a notice is given, may apply to the Board for areview of a determination or a decision, or both, ofthe planning authority referred to in the notice andthat no fee in relation to the application for a reviewshall be payable.

(2) (a) Each planning authority shall, not later than 9 monthsafter the coming into operation of this section exam-ine every quarry within its administrative area andmake a determination as to whether—

(i) development was carried out after 1 February1990 which was not authorised by a permissiongranted under Part IV of the Act of 1963, priorto 1 February 1990, which development wouldhave required, having regard to the Environ-mental Impact Assessment Directive, anenvironmental impact assessment or a determi-nation as to whether an environmental impactassessment was required, but that such anassessment or determination was not carried outor made, or

(ii) development was carried out after 26 February1997, which was not authorised by a permissiongranted under Part IV of the Act of 1963 priorto 26 February 1997, which development wouldhave required, having regard to the HabitatsDirective, an appropriate assessment, but thatsuch an assessment was not carried out.

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(b) In making a determination under paragraph (a), theplanning authority shall have regard, to the follow-ing matters:

(i) any submissions or observations received by theauthority not later than 6 weeks after the dateof the publication of the notice under subsec-tion (1)(a);

(ii) any information submitted to the authority inrelation to the registration of the quarry undersection 261;

(iii) any relevant information on the planningregister;

(iv) any relevant information obtained by the plan-ning authority in an enforcement action relatingto the quarry;

(v) any other relevant information.

(3) (a) Where a planning authority makes a determinationunder subsection (2)(a) that subparagraph (i) or (ii)or both, if applicable, of that paragraph apply inrelation to a quarry (in this section referred to asa ‘determination under subsection (2)(a)’), and theauthority also decides that—

(i) either the quarry commenced operation before 1October 1964 or permission was granted inrespect of the quarry under Part III of this Actor Part IV of the Act of 1963, and

(ii) if applicable, the requirements in relation toregistration under section 261 were fulfilled,

the planning authority shall issue a notice, not laterthan 9 months after the coming into operation of thissection, to the owner or operator of the quarry.

(b) In making a decision under paragraph (a), a planningauthority shall consider all relevant informationavailable to it including any submissions or obser-vations received by the authority not later than 6weeks after the date of the publication of the noticeunder subsection (1)(a).

(c) A notice referred to in paragraph (a) shall be in writ-ing and shall inform the person to whom it is issuedof the following matters:

(i) the determination under subsection (2)(a) andthe reasons therefor;

(ii) the decision of the planning authority underparagraph (a) and the reasons therefor;

(iii) that the person is directed to apply to the Boardfor substitute consent in respect of the quarry,under section 177E, not later than 12 weeks


after the date of the notice, or such furtherperiod as the Board may allow;

(iv) that the person may apply to the Board, not laterthan 21 days after the date of the notice, fora review of the determination of the planningauthority under subsection (2)(a) or the decisionof the planning authority under paragraph (a),and that no fee in relation to either applicationfor a review shall be payable.

(d) At the same time that the planning authority issuesthe notice to an owner or operator of a quarry, theauthority shall—

(i) give a copy of the notice to any person who notlater than 6 weeks after the date of the publi-cation of the notice under subsection (1)(a),made submissions or observations to the auth-ority in relation to the quarry,

(ii) inform that person that he or she may, not laterthan 21 days after the date of the notice, applyto the Board for a review of the determinationunder subsection (2)(a) or the decision of theauthority under paragraph (a) and that no feein relation to either application for a reviewshall be payable, and

(iii) forward a copy of the notice to the Board.

(4) (a) Where a planning authority makes a determinationunder subsection (2)(a) and the authority alsodecides that—

(i) the quarry commenced operation on or after 1October 1964 and no permission was granted inrespect of the quarry under Part III of this Actor Part IV of the Act of 1963, or

(ii) if applicable, the requirements in relation toregistration under section 261 were not fulfilled,

the planning authority shall issue a notice, not laterthan 9 months after the coming into operation of thissection, to the owner or operator of the quarry.

(b) In making a decision under paragraph (a), a planningauthority shall consider all relevant informationavailable to it, including any submissions or obser-vations received by the authority not later than 6weeks after the date of the publication of the noticeunder subsection (1)(a).


(i) the determination under subsection (2)(a) andthe reasons therefor;

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(ii) the decision of the planning authority underparagraph (a) and the reasons therefor;

(iii) that the planning authority intends to issue anenforcement notice in relation to the quarryunder section 154 requiring the cessation of theoperation of the quarry and the taking of suchsteps as the authority considers appropriate;

(iv) that the person may apply to the Board, not laterthan 21 days after the date of the notice, fora review of the determination under subsection(2)(a) or the decision of the planning authorityunder paragraph (a), and that no fee in relationto either application for a review shall bepayable.


(i) give a copy of the notice to any person who notlater than 6 weeks after the date of the publi-cation of the notice under subsection (1)(a),made submissions or observations to the auth-ority in relation to the quarry, and

(ii) inform that person that he or she may, not laterthan 21 days after the date of the notice, applyto the Board for a review of the determinationof the planning authority under subsection(2)(a) or the decision of the planning authorityunder paragraph (a) and that no fee in relationto either application for a review shall bepayable.

(5) (a) Notwithstanding anything contained in subsection (3)or (4), where a planning authority makes a determi-nation under subsection (2)(a) and the authorityfurther determines that the development the subjectof the determination under subsection (2)(a) tookplace after 3 July 2008, the authority shall alsodecide whether—

(i) the quarry commenced operation before 1October 1964 or permission was granted inrespect of the quarry under Part III of this Actor Part IV of the Act of 1963, and

(ii) if applicable, the requirements in relation toregistration under section 261 were fulfilled,

and shall issue a notice not later than 9 months afterthe coming into operation of this section to theowner or operator of the quarry.

(b) In making a decision under paragraph (a), a planningauthority shall consider all relevant informationavailable to it, including any submissions or obser-vations received by the authority not later than 6weeks after the date of the publication of the noticeunder subsection (1)(a).



(i) the determination of the planning authorityunder subsection (2)(a) and the reasonstherefor;

(ii) the determination of the planning authorityunder paragraph (a) that the development thesubject of the determination under subsection(2)(a) took place after 3 July 2008, and thereasons therefor;

(iii) the decision of the planning authority underparagraph (a) and the reasons therefor;

(iv) that the planning authority intends to issue anenforcement notice in relation to the quarryunder section 154 requiring the cessation of theoperation of the quarry and the taking of suchsteps as the authority considers appropriate;

(v) that the person may apply to the Board, not laterthan 21 days after the date of the notice, fora review of the determination of the planningauthority under subsection (2)(a), the determi-nation of the planning authority under para-graph (a), or the decision of the planning auth-ority under paragraph (a), and that no fee inrelation to any application for a review shall bepayable.


(i) give a copy of the notice to any person who madesubmissions or observations to the authority inrelation to the quarry not later than 6 weeksafter the date of the publication of the noticeunder subsection (1)(a), and

(ii) inform that person that he or she may, not laterthan 21 days after the date of the notice, applyto the Board for a review of the determinationunder subsection (2)(a), the determination ofthe planning authority under paragraph (a) thatthe development the subject of the determi-nation under subsection (2)(a) took place after3 July 2008 or the decision of the planning auth-ority under paragraph (a), and that no fee inrelation to any application for a review shall bepayable.

(6) (a) A person to whom a notice was issued under subsec-tion (3)(a), (4)(a) or (5)(a), or a person to whom acopy of such a notice was given under subsection(3)(d), (4)(d) or (5)(d), may not later than 21 daysafter the date of the notice so issued or given to himor her, apply to the Board for a review of one or

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more than one, of the following, referred to in thenotice:

(i) a determination under subsection (2)(a);

(ii) a decision of the planning authority under sub-section (3)(a);

(iii) a decision of the planning authority under sub-section (4)(a);

(iv) a determination of the planning authority undersubsection (5)(a) that the development the sub-ject of the determination under subsection(2)(a) took place after 3 July 2008;

(v) a decision of the planning authority under sub-section (5)(a).

(b) Where an application for a review is made to theBoard under paragraph (a) any person may makesubmissions or observations not later than 21 daysafter the date of the notice issued under subsection(3)(a), (4)(a) or (5)(a), as the case may be.

(c) Where an application for a review is made underparagraph (a), the Board shall inform the planningauthority and shall request the planning authority tofurnish to it such information as the Board considersnecessary to make a decision in relation to thereview, and the planning authority shall comply withthat request within the period specified in therequest.

(d) The Board in making a decision on an application fora review under paragraph (a) shall consider anydocuments or evidence submitted by the person orpersons who applied for the review, any submissionsor observations received under paragraph (b) andany information furnished by the planning authorityunder paragraph (c).

(e) The Board shall make a decision as soon as may bewhether to confirm or set aside the determinationor decision of the planning authority to which theapplication for a review refers.

(f) As soon as may be after the Board makes its decisionunder paragraph (e) it shall give notice of its decisionto the person or persons who applied for the review,and to the planning authority concerned, and the giv-ing of the notice shall, for the purposes of this sectionbe considered to be the disposal, by the Board, ofthe review.

(g) The application to the Board for a review under para-graph (a) shall have the effect of suspending theoperation of a direction contained in a notice issuedunder subsection (3)(a) until the review is disposedof.


(h) Where the decision of the Board is to set aside adetermination under subsection (2)(a) a direction toapply for substitute consent contained in a noticeissued under subsection (3)(a) shall cease to haveeffect.

(7) Where in relation to a quarry in respect of which a noticehas been issued under subsection (3)(a)—

(a) either no application has been made to the Board fora review of a determination under subsection (2)(a)or the Board in making a decision in relation to sucha review has confirmed the determination of theplanning authority, and

(b) either no application has been made to the Board fora review of a decision of the planning authorityunder subsection (3)(a) or the Board in making adecision in relation to such a review has confirmedthe decision of the planning authority,

the person to whom the notice was issued under subsection(3)(a) shall apply to the Board for substitute consent undersection 177E not later than 12 weeks after the date of the givingof the notice of its decision under subsection (6)(f) by the Board,or such further period as the Board may allow, save that whereno application for review was made to the Board the person towhom the notice was issued under subsection (3)(a) shall applyto the Board for substitute consent within the period specifiedin that notice.


(a) either no application has been made to the Board fora review of a determination under subsection (2)(a),or the Board in making a decision in relation to sucha review has confirmed the determination of theplanning authority, and

(b) the Board in making a decision in relation to a reviewof a decision of the planning authority under subsec-tion (3)(a) has set aside the decision of the plan-ning authority,

the direction to apply for substitute consent contained in thenotice issued under subsection (3)(a) shall cease to have effectand the planning authority shall, as soon as may be after thedate of the giving of the notice of its decision by the Boardunder subsection (6)(f), issue an enforcement notice undersection 154 requiring the cessation of the operation of the quarryand the taking of such steps as the planning authority con-siders appropriate.



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(b) either no application has been made to the Board fora review of a decision of the planning authorityunder subsection (4)(a) or the Board in making adecision in relation to such a review has confirmedthe decision of the planning authority,

the planning authority shall, as soon as may be after the expir-ation of the period for applying for a review or the date of thegiving of the notice of its decision by the Board under subsection(6)(f), as the case may be, issue an enforcement notice undersection 154 requiring the cessation of the operation of the quarryand the taking of such steps as the planning authority con-siders appropriate.

(10) Where in relation to a quarry in respect of which anotice has been issued under subsection (4)(a)—


(b) the Board in making a decision in relation to a reviewof a decision under subsection (4)(a) has set asidethe decision of the planning authority, and

(c) either no application has been made to the Board fora review of a decision of the planning authorityunder subsection (4)(a)(i) that the quarry com-menced operation prior to 1 October 1964, or per-mission was granted in respect of the quarry underPart III of this Act or Part IV of the Act of 1963, orthe Board in a review of such a decision has decidedthat the quarry commenced operation before 1October 1964 or permission was granted in respectof the quarry under Part III of this Act or Part IVof the Act of 1963, and

(d) either no application has been made to the Board fora review of a decision of the planning authorityunder subsection (4)(a)(ii) that if applicable, therequirements in relation to registration under section261 were fulfilled, or the Board in a review of sucha decision has decided that, if applicable, the require-ments in relation to registration under section 261were fulfilled,

the planning authority shall, as soon as may be after the date ofthe giving of the notice of its decision by the Board under sub-section (6)(f), issue a notice to the owner or operator of thequarry directing him or her to apply to the Board for substituteconsent under section 177E not later than 12 weeks after thedate of the notice issued by the planning authority under thissubsection or such further period as the Board may allow.




(b) either no application has been made to the Board fora review of a determination of the planning authorityunder subsection (5)(a) that the development thesubject of the determination under subsection (2)(a)took place after 3 July 2008 or the Board has con-firmed the determination of the planning authorityunder subsection (5)(a),

the planning authority shall, as soon as may be after the expir-ation of the period for applying for a review or the date of thegiving of the notice of its decision by the Board under subsection(6)(f), as the case may be, issue an enforcement notice undersection 154 requiring the cessation of the operation of the quarryand the taking of such steps as the planning authority con-siders appropriate.

(12) Where in relation to a quarry in respect of which anotice has been issued under subsection (5)(a) and—

(a) either no application has been made to the Board fora review of the determination under subsection(2)(a) or the Board in making a decision in relationto such a review has confirmed the determination ofthe planning authority, and

(b) the Board, in making a decision in relation to a reviewof such a notice has set aside the determination ofthe planning authority under subsection (5)(a) thatthe development the subject of the determinationunder subsection (2)(a) took place after 3 July2008, and

(c) either no application has been made to the Board fora review of a decision of the planning authorityunder subsection (5)(a)(i) that the quarry com-menced operation prior to 1 October 1964, or per-mission was granted in respect of the quarry underPart III of this Act or Part IV of the Act of 1963, orthe Board in a review of such a decision has decidedthat the quarry commenced operation before 1October 1964 or permission was granted in respectof the quarry under Part III of this Act or Part IVof the Act of 1963, and

(d) either no application has been made to the Board fora review of a decision of the planning authorityunder subsection (5)(a)(ii) that if applicable, therequirements in relation to registration under section261 were fulfilled or the Board in a review of such adecision has decided that if applicable, the require-ments in relation to registration under section 261were fulfilled,

the planning authority shall, as soon as may be after the date ofthe giving of the notice of its decision by the Board under sub-section (6)(f), issue a notice to the owner or operator of the

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quarry directing him or her to apply to the Board for substituteconsent under section 177E not later than 12 weeks after thedate of the notice issued by the planning authority under thissubsection, or such further period as the Board may allow.


(a) either no application has been made to the Board fora review of the determination under subsection(2)(a) or the Board in making a decision in relationto such a review has confirmed the determination ofthe planning authority, and

(b) the Board, in making a decision in relation to a reviewhas set aside the determination of the planning auth-ority under subsection (5)(a) that the developmentthe subject of the determination under subsection(2)(a) took place after 3 July 2008, and

(c) either—

(i) no application has been made to the Board for areview of a decision of the planning authorityunder subsection (5)(a)(i) that the quarry com-menced operation on or after 1 October 1964and no permission was granted in respect of thequarry under Part III of this Act or Part IV ofthe Act of 1963, or the Board in a review of sucha decision has decided that the quarry com-menced operation on or after 1 October 1964and no permission was granted in respect of thequarry under Part III of this Act or Part IV ofthe Act of 1963, or

(ii) no application has been made to the Board for areview of a decision of the planning authorityunder subsection (5)(a)(ii) that if applicable, therequirements in relation to registration undersection 261 were not fulfilled, or the Board in areview of such a decision has decided that, ifapplicable, the requirements in relation to regis-tration under section 261 were not fulfilled,

the planning authority shall, as soon as may be after the date ofthe giving of the notice of its decision by the Board under sub-section (6)(f), issue an enforcement notice under section 154requiring the cessation of the operation of the quarry and thetaking of such steps as the planning authority considersappropriate.

(14) Where an application for substitute consent is requiredto be made under this section it shall be made in relation to thatdevelopment in respect of which the planning authority hasmade a determination under subsection (2)(a).

(15) The provisions of Part XA shall apply, as appropriate,to an application for substitute consent made in accordance witha direction under subsection (3), (10) or (12).”.


76.—Section 262 of the Principal Act is amended in subsection(4)—

(a) by the insertion of “4(4)(b)” after “4(2)”, and

(b) by the insertion of “96(3)(da)” after “25(5)”.

77.—The First Schedule to the Principal Act is amended—

(a) In Part I:

(i) by the deletion of paragraph 2,

(ii) by the substitution of the following for paragraph 6:

“6. Carrying out flood risk assessment for the pur-pose of regulating, restricting and controlling develop-ment in areas at risk of flooding (whether inland orcoastal).”,

(iii) by the insertion of the following paragraphs afterparagraph 11:

“12. Regulating, restricting and controllingdevelopment in areas at risk of erosion and othernatural hazards.

13. Reserving land for use and cultivation as allot-ments and regulating, promoting, facilitating or con-trolling the provision of land for that use.”,

and

(b) in Part IV by the substitution of the following for para-graph 8:

“8. Preserving public rights of way other than thosereferred to in section 10(2)(o).”.

78.—The Seventh Schedule to the Principal Act (inserted bysection 5 of the Act of 2006) is amended—

(a) in paragraph 1 by the substitution of:

“An installation for the harnessing of wind power forenergy production (a wind farm) with more than 25 tur-bines or having a total output greater than 50 megawatts.”

for:

“An installation for the harnessing of wind power forenergy production (a wind farm) with more than 50 tur-bines or having a total output greater than 100megawatts.”,

(b) in paragraph 2 by the substitution of:

“A harbour or port installation (which may include facili-ties in the form of loading or unloading areas, vehiclequeuing and parking areas, ship repair areas, areas forberthing or dry docking of ships, areas for the weighing,handling or transport of goods or the movement or trans-port of passengers (including customs or passport controlfacilities), associated administrative offices or other similar

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facilities directly related to and forming an integral part ofthe installation)—

(a) where the area or additional area of water enclosedwould be 20 hectares or more, or

(b) which would involve the reclamation of 5 hectaresor more of land, or

(c) which would involve the construction of one ormore quays which or each of which would exceed 100metres in length, or

(d) which would enable a vessel of over 1350 tonnes toenter within it.”

for

“A harbour or port installation—

(a) where the area or additional area of water enclosedwould be 20 hectares or more, or

(b) which would involve the reclamation of 5 hectaresor more of land, or

(c) which would involve the construction of one ormore quays which or each of which would exceed 100metres in length, or

(d) which would enable a vessel of over 1350 tonnes toenter within it.”,

and

(c) by the insertion of the following paragraph after para-graph 3:

“Health Infrastructure

4. Development comprising or for the purposes of thefollowing:

— A health care facility providing in-patient services, butexcluding a development which is predominantly forthe purpose of providing care services within the mean-ing given to that term by section 3 of the NursingHomes Support Scheme Act 2009.”.

PART 3

Amendment of certain Acts

79.—Section 99F of the Environmental Protection Agency Act1992 (inserted by section 15 of the Protection of the EnvironmentAct 2003) is amended—

(a) in subsection (1) by the insertion of “or substitute consent,within the meaning of section 177A,” after “permissionunder section 34”,



(i) by the insertion of “or refuse a grant of substitute con-sent, as defined in section 177A” after “undersection 34”,

(ii) by the substitution of “on environmental grounds oron the grounds of adverse effects on the integrity ofa European site (as defined in that Act),” for “onenvironmental grounds,”,

(c) in subsection (3) by the insertion of “remedial environ-mental impact statement or remedial Natura impactstatement (as defined in section 177T of the Act of 2000)as the case may be” after “environmental impact state-ment”, and

(d) in subsection (9), by the insertion of the following para-graph after paragraph (a)—

“(aa) a substitute consent, as defined in section 177Tof the Act of 2000, or”.

80.—Section 54 of the Waste Management Act 1996 is amended—

(a) in subsection (3) by the insertion of “or, substitute consentas defined in section 177T,” after “permission undersection 34”,

(b) in subsection (3A)—

(i) by the insertion of “or refuse a grant of substitute con-sent” after “under section 34”,

(ii) by the substitution of “on environmental grounds oron the grounds of adverse effects to the integrity ofa European site (within the meaning of that Act),”for “on environmental grounds,”,

(c) in subsection (3B) by the insertion of “remedial environ-mental impact statement, or remedial Natura impactstatement (as defined in section 177T of the Act of 2000),as the case may be” after “environmental impactstatement”.

81.—The Transport (Railway Infrastructure) Act 2001 is amendedby the insertion of the following section after section 47D (insertedby section 50 of the Act of 2006):

“47DD.—(1) Where the Board determines an applicationmade under section 37 (amended by section 49 of the Act of2006) it may at its absolute discretion direct the payment of suchsums as it considers reasonable by the applicant to the Boardtowards the costs incurred by the Board of—

(a) conducting consultations under section 47B,

(b) compliance by the Board with a request by an appli-cant for an opinion of the Board under section 39(3)(amended by section 49 of the Act of 2006), or

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(c) determining an application made under section 37aforesaid,

and, in such amount as the Board considers to be reasonable,state the sum to be paid and direct the payment of that sum, toany planning authority that incurred costs during the course ofconsideration of that application and to any other person as acontribution to the costs incurred by that person during thecourse of consideration of that application (each of which sumsthe Board may, by virtue of this subsection, require to be paid),and the applicant shall pay such sums.

(2) A reference to costs in subsection (1) shall be construedas a reference to such costs as the Board in its absolute discre-tion considers to be reasonable costs, but does not include areference to so much of the costs there referred to as have beenrecovered by the Board by way of a fee charged under section144 of the Act of 2000.

(3) A notice of a determination of an application undersection 37 shall be furnished to the applicant as soon as may beafter the determination but shall not become operative until anyrequirement under subsection (1) in relation to the payment bythe applicant of a sum in respect of costs has been compliedwith.

(4) Where an applicant for permission fails to pay a sum inrespect of costs in accordance with a requirement made undersubsection (1) to the Board, the authority or any other personconcerned (as may be appropriate) may recover the sum as asimple contract debt in any court of competent jurisdiction.”.

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