Local Government (Planning and Development) Regulations, 1994

• Statutory Instrument No.: 86/1994
• Date: 14 April 1994

S.I. No. 86 of 1994.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1994

ARRANGEMENT OF ARTICLES

PART I

Preliminary and General

Article

1. Citation.

2. Commencement.

3. Interpretation.

4. Revocations.

PART II

Development Plans

5. Authorities prescribed under section 21 (1) (a) of Act of 1963.

6. Documents prescribed under section 21 (1) (a) of Act of 1963.

7. Copies of development plans and extracts.

PART III

Exempted Development

8. Interpretation for Part III.

9. Exempted development.

10. Restrictions on exemption.

11. Changes of use.

12. Saver for certain development.

13. Prescribed development for purposes of section 4 (4) of Act of 1963.

PART IV

Permission Regulations

14. Notice of planning application.

15. Notice in newspaper.

16. Site notice.

17. Further notice.

18. Content of planning applications generally.

19. Applications for permission.

20. Outline applications.

21. Effect of outline permission.

22. Applications for approval.

23. Plans, drawings and maps accompanying planning applications.

24. Certain planning applications to be accompanied by environmental impact statement.

25. Procedure where planning application not accompanied by environmental impact statement.

26. Requirement to submit environmental impact statement in case of certain other planning applications.

27. Environmental impact statement submitted where notice in accordance with article 26 (1) not served.

28. Content of environmental impact statement.

29. Procedure on receipt of planning application.

30. Planning authority notice.

31. Notice to Minister of certain planning applications.

32. Notice to certain bodies.

33. Further information.

34. Submissions or observations in relation to planning applications.

35. Revised plans, etc.

36. Availability of documents relating to planning applications.

37. Availability for purchase of copies of environmental impact statements and extracts.

38. Notice in certain cases.

39. Minimum period for determination of planning application.

40. Withdrawal of planning application.

41. Notification of decision on planning application.

42. Notice of decisions.

43. Additional notice in certain cases.

44. Provision of forms and instructions.

45. Notice of extension of appropriate period.

46. Procedure on receipt of notice of Minister's decision on request for exemption from requirement to submit environmental impact statement.

47. Transitional.

PART V

APPEALS AND OTHER MATTERS WITH WHICH AN BORD PLEANÁLA IS CONCERNED.

CHAPTER I

Application of certain provisions of Act of 1992

48. Application of certain provisions of Act of 1992 to appeals under section 27 (4) of Act of 1963.

49. Application of certain provisions of Act of 1992 to certain other appeals.

50. Submission of documents, etc. to Board by planning authorities.

51. Availability for inspection of copies of appeals.

52. Application of certain provisions of Act of 1992 to appeals provided for by orders under section 45 of Act of 1963.

53. Application of certain provisions of Act of 1992 to references.

CHAPTER II

Appeals against decisions of planning authorities on planning applications

54. Definition for Chapter II.

55. Additional requirement as to submission of documents, etc. in case of certain planning applications.

56. Power of Board to require submission of environmental impact statement in connection with certain appeals.

57. Content of environmental impact statement.

58. Consideration of adequacy of information contained in environmental impact statement.

59. Availability for inspection and purchase of environmental impact statement.

60. Notice to Minister of certain appeals.

61. Notice of certain appeals.

62. Weekly list.

63. Revised plans, etc.

64. Availability for inspection of copies of appeals.

65. Notification by Board of decision on appeal.

66. Notification by Board of decision on appeal — additional requirement in certain cases.

CHAPTER III

Determinations

67. Definitions for Chapter III.

68. Power of Board to require submission of documents, etc. in case of determinations.

69. Convening of meetings.

CHAPTER IV

Appeals generally and other matters

70. Notice of appeal or reference.

71. Inspections in relation to appeals, references and determinations.

72. Additional requirements as to giving of notice by Board.

CHAPTER V

Oral hearings

73. Interpretation for Chapter V.

74. Oral hearings — general.

75. Procedure at oral hearing.

76. Adjournment or re-opening of oral hearing.

77. Replacement of person appointed to conduct oral hearing.

CHAPTER VI

General

78. Transitional.

PART VI

EXTENSION OF DURATION OF PLANNING PERMISSION

79. Interpretation for Part VI.

80. Time at which application to extend or further extend appropriate period may be made.

81. Content of application to extend appropriate period.

82. Content of application to further extend appropriate period.

83. Procedure on receipt of application to extend or further extend appropriate period.

84. Further information.

85. Notification of decision on application to extend or further extend appropriate period.

PART VII

FEES

CHAPTER I

General

86. Definitions for Part VII.

87. Transitional.

CHAPTER II

Fees payable to a planning authority in respect of planning applications

88. Fee for planning application.

89. Exemptions.

90. Standard fee.

91. Fee for certain planning applications relating to retention of structures or continuance of use.

92. Outline application fee.

93. Reduced fee.

94. Refund of fee in case of certain repeat applications.

95. Refund of fee in certain other cases.

96. Discretionary power to refund fee in certain limited circumstances.

97. Applications involving mixed development.

98. Applications involving multi-purpose development.

99. Applications involving alternative plans.

100. Calculation of site area and gross floor space.

CHAPTER III

Fees payable to the Board

101. Fee for appeals.

102. Fee for references.

103. Fee for requests for determinations.

104. Reduced fee payable in certain circumstances.

105. Fee for submissions or observations to the Board.

106. Fee for requests for oral hearings.

CHAPTER IV

Fee payable to planning authority in respect of application to extend or further extend appropriate period

107. Fee for application to extend or further extend appropriate period.

PART VIII

COMPENSATION

108. Definition for Part VIII.

109. Compensation claim.

110. Notice of claim.

111. Provision of certain evidence and information.

112. Application under section 14 of Act of 1990.

113. Notice under section 13 of Act of 1990.

PART IX

ENVIRONMENTAL IMPACT ASSESSMENT OF CERTAIN DEVELOPMENT BY OR ON BEHALF OF LOCAL AUTHORITIES

114. Definition for Part IX.

115. Restriction of application of Part IX.

116. Environmental impact statement to be prepared in respect of certain proposed development.

117. Requirement to prepare environmental impact statement in respect of certain other proposed development.

118. Content of environmental impact statement.

119. Certain development not to be carried out without certification of Minister.

120. Notice of application for certification.

121. Availability for purchase of copies of environmental impact statements and extracts.

122. Notice of application for certification to certain bodies.

123. Application for certification of Minister.

124. Further information.

125. Consultation with other Member States of European Communities.

126. Minister to have regard to certain matters in considering application for certification.

127. Power of Minister to vary or modify proposed development.

128. Notice of Minister's decision in relation to application for certification.

129. Transitional.

PART X

REQUIREMENTS IN RESPECT OF SPECIFIED DEVELOPMENT BY OR ON BEHALF OF LOCAL AUTHORITIES

130. Development to which Part X applies.

131. Notice of proposed development.

132. Notice of proposed development to certain bodies.

133. Availability for inspection of plans and particulars.

134. Report with respect to proposed development.

135. Notice following compliance with requirements of Part X.

136. Transitional.

PART XI

APPOINTMENT OF CHAIRMAN AND ORDINARY MEMBERS OF AN BORD PLEANÁLA

137. Definitions for Part XI.

138. Procedure where request under section 5(7) of Act of 1983 made to committee.

139. Content of application.

140. Requirement to submit further particulars.

141. Interviewing of applicants.

142. Cesser of entitlement to further consideration by committee.

143. Procedure of committee.

144. Secretary of committee.

145. Prescribed organisations for purposes of section 7 (2) (a) of Act of 1983.

146. Prescribed organisations for purposes of section 7 (2) (b) of Act of 1983.

147. Prescribed organisations for purposes of section 7 (2) (c) of Act of 1983.

148. Prescribed organisations for purposes of section 7 (2) (d) of Act of 1983.

149. Duty of prescribed organisation on receipt of request pursuant to section 7 (3) of Act of 1983.

PART XII

LICENSING UNDER SECTION 89 OF ACT OF 1963

150. Definition for Part XII.

151. Appliances and structures suitable for being licensed.

152. Fees for licences under section 89 of Act of 1963.

153. Additional fee for advertising use.

154. Disposal of licence fees.

155. Transitional.

PART XIII

PROVISIONS WITH RESPECT TO CERTAIN DEVELOPMENT BY OR ON BEHALF OF STATE AUTHORITIES

156. Specified development for purposes of section 2 (1) (a) (i) of Act of 1993.

157. Specified development for purposes of section 2 (1) (a) (ii) of Act of 1993.

158. Notice of...