|
|
Number 30 of 2000
|
|
PLANNING AND DEVELOPMENT ACT, 2000
|
|
ARRANGEMENT OF SECTIONS
|
PART I
|
Preliminary and General
|
Section
|
|
1.
|
Short title.
|
2.
|
Interpretation.
|
3.
|
Development.
|
4.
|
Exempted development.
|
5.
|
Declaration and referral on development and exempted development.
|
6.
|
Power of examination, investigation and survey.
|
7.
|
Planning register.
|
8.
|
Obligation to give information to local authority.
|
|
PART II
|
Plans and Guidelines
|
Chapter I
|
Development Plans
|
9.
|
Obligation to make development plan.
|
10.
|
Content of development plans.
|
11.
|
Preparation of draft development plan.
|
12.
|
Making of development plan.
|
13.
|
Variation of development plan.
|
14.
|
Public rights of way in development plans.
|
15.
|
General duty of planning authority to secure objectives of development plan.
|
16.
|
Copies of development plans.
|
17.
|
Evidence of development plans.
|
|
Chapter II
|
Local Area Plans
|
18.
|
Local area plans.
|
19.
|
Application and content of local area plans.
|
20.
|
Consultation and adoption of local area plans.
|
|
Chapter III
|
Regional Planning Guidelines
|
21.
|
Power to make regional planning guidelines.
|
22.
|
Co-operation of planning authorities with regional authority.
|
23.
|
Content and objectives of regional planning guidelines.
|
24.
|
Consultation regarding regional planning guidelines.
|
25.
|
Procedure for making regional planning guidelines.
|
26.
|
Review of regional planning guidelines.
|
27.
|
Regional planning guidelines and development plans.
|
|
Chapter IV
|
Guidelines and Directives
|
28.
|
Ministerial guidelines.
|
29.
|
Ministerial policy directives.
|
30.
|
Limitation on Ministerial power.
|
31.
|
Ministerial directions regarding development plans.
|
|
PART III
|
Control of Development
|
32.
|
General obligation to obtain permission.
|
33.
|
Regulations regarding applications for permission.
|
34.
|
Permission for development.
|
35.
|
Refusal of planning permission for past failures to comply.
|
36.
|
Outline permission.
|
37.
|
Appeal to Board.
|
38.
|
Availability of documents relating to planning applications.
|
39.
|
Supplemental provisions as to grant of permission.
|
40.
|
Limit of duration of permission.
|
41.
|
Power to vary appropriate period.
|
42.
|
Power to extend appropriate period.
|
43.
|
Regulations regarding sections 40, 41 and 42.
|
44.
|
Revocation or modification of permission.
|
45.
|
Acquisition of land for open spaces.
|
46.
|
Requiring removal or alteration of structure or discontinuance of use.
|
47.
|
Agreements regulating development or use of land.
|
48.
|
Development contributions.
|
49.
|
Supplementary development contribution schemes.
|
50.
|
Judicial review of appeals, referrals and other matters.
|
|
PART IV
|
Architectural Heritage
|
Chapter I
|
Protected Structures
|
51.
|
Record of protected structures.
|
52.
|
Guidelines by Minister for Arts, Heritage, Gaeltacht and the Islands.
|
53.
|
Recommendations to planning authorities concerning specific structures.
|
54.
|
Additions to and deletions from record of protected structures.
|
55.
|
Procedure for making additions or deletions.
|
56.
|
Registration under Registration of Title Act, 1964.
|
57.
|
Works affecting character of protected structures or proposed protected structures.
|
58.
|
Duty of owners and occupiers to protect structures from endangerment.
|
59.
|
Notice to require works to be carried out in relation to endangerment of protected structures.
|
60.
|
Notice to require restoration of character of protected structures and other places.
|
61.
|
Appeals against notices.
|
62.
|
Effective date of notices.
|
63.
|
Offence relating to endangerment of protected structures.
|
64.
|
Owners' powers in relation to notices concerning endangerment or restoration of structures.
|
65.
|
Application to District Court for necessary consent.
|
66.
|
Jurisdiction of District Court.
|
67.
|
Application to court for contribution to cost of carrying out works on endangered structures.
|
68.
|
Carrying out of certain works to be exempted development.
|
69.
|
Planning authority's power to carry out works to protected structures and other places.
|
70.
|
Recovery by planning authority of expenses for carrying out works on endangered structures.
|
71.
|
Power to acquire protected structure.
|
72.
|
Notice of intention to acquire protected structure compulsorily.
|
73.
|
Objection to compulsory acquisition of protected structure.
|
74.
|
Vesting order for protected structures.
|
75.
|
Form and effect of vesting order.
|
76.
|
Registration of acquired title and amendment of vesting order.
|
77.
|
Compensation for interest in protected structure.
|
78.
|
Use of protected structure acquired by planning authority.
|
79.
|
Obligations of sanitary authorities in respect of protected structures.
|
80.
|
Grants to planning authorities in respect of functions under this Part.
|
|
Chapter II
|
Architectural Conservation Areas and Areas of Special Planning Control
|
81.
|
Architectural conservation areas.
|
82.
|
Development in architectural conservation areas.
|
83.
|
Power to acquire structure or other land in architectural conservation area.
|
84.
|
Area of special planning control.
|
85.
|
Special planning control scheme.
|
86.
|
Variation and review of scheme.
|
87.
|
Development in special planning control area.
|
88.
|
Service of notice relating to structures or other land in an area of special planning control.
|
89.
|
Implementation of the notice under section 88.
|
90.
|
Court may compel compliance with notice under section 88.
|
91.
|
Offence to fail to comply with notice under section 88.
|
92.
|
Permission not required for any development required under this Chapter.
|
|
PART V
|
Housing Supply
|
93.
|
Interpretation.
|
94.
|
Housing strategies.
|
95.
|
Housing strategies and development plans.
|
96.
|
Provision of social and affordable housing, etc.
|
97.
|
Development to which section 96 shall not apply.
|
98.
|
Allocation of affordable housing.
|
99.
|
Controls on resale of certain houses.
|
100.
|
Regulations under this Part.
|
101.
|
Housing and planning authority functions.
|
|
PART VI
|
An Bord Pleanála
|
Chapter I
|
Establishment and Constitution
|
102.
|
Continuation of Bord Pleanála.
|
103.
|
Board to be body corporate, etc.
|
104.
|
Board to consist of chairperson and 7 other members.
|
105.
|
Appointment of chairperson.
|
106.
|
Appointment of ordinary members.
|
107.
|
Appointment of deputy chairperson.
|
108.
|
Board's quorum, vacancies, etc.
|
|
Chapter II
|
Organisation, Staffing, etc.
|
109.
|
Performance of Board.
|
110.
|
Chairperson to ensure efficient discharge of business of Board, etc.
|
111.
|
Meetings and procedure of Board.
|
112.
|
Divisions of Board.
|
113.
|
Prohibition on disclosure of information relating to functions of Board.
|
114.
|
Prohibition of certain communications in relation to appeals, etc.
|
115.
|
Indemnification of members and employees of Board and other persons.
|
116.
|
Grants to Board.
|
117.
|
Accounts and audits of Board.
|
118.
|
Annual report and information to Minister.
|
119.
|
Superannuation of members of Board.
|
120.
|
Employees of Board.
|
121.
|
Superannuation of employees of Board.
|
122.
|
Provision of services by Minister to Board.
|
123.
|
Membership of either House of the Oireachtas, etc.
|
124.
|
Consultants and advisers to Board.
|
|
Chapter III
|
Appeal Procedures, etc.
|
125.
|
Appeals and referrals with which the Board is concerned.
|
126.
|
Duty and objective of Board in relation to appeals and referrals.
|
127.
|
Provisions as to making of appeals and referrals.
|
128.
|
Submission of documents, etc. to Board by planning authorities.
|
129.
|
Submissions or observations by other parties.
|
130.
|
Submissions or observations by persons other than parties.
|
131.
|
Power of Board to request submissions or observations.
|
132.
|
Power of Board to require submission of documents, etc.
|
133.
|
Powers of Board where notice served under section 131 or 132.
|
134.
|
Oral hearings of appeals and referrals.
|
135.
|
Supplemental provisions relating to oral hearings.
|
136.
|
Convening of meetings on referrals.
|
137.
|
Matters other than those raised by parties.
|
138.
|
Board may dismiss appeals or referrals if vexatious, etc.
|
139.
|
Appeals against conditions.
|
140.
|
Withdrawal of appeals, applications and referrals.
|
141.
|
Time for decisions and appeals, etc.
|
142.
|
Regulations regarding appeals and referrals.
|
143.
|
Board to have regard to certain policies and objectives.
|
144.
|
Fees payable to Board.
|
145.
|
Expenses of appeal or referral.
|
146.
|
Reports and documents of the Board.
|
|
PART VII
|
Disclosure of Interests, etc.
|
147.
|
Declaration by members, etc. of certain interests.
|
148.
|
Requirements affecting members, etc. who have certain beneficial interests.
|
149.
|
Supplemental provisions relating to sections 147 and 148.
|
150.
|
Codes of conduct.
|
|
PART VIII
|
Enforcement
|
151.
|
Offence.
|
152.
|
Warning letter.
|
153.
|
Decision on enforcement.
|
154.
|
Enforcement notice.
|
155.
|
Issue of enforcement notice in cases of urgency.
|
|