Local Government (Planning and Development) Regulations, 1990

• Jurisdiction: Ireland
• Citation: IR SI 25/1990

S.I. No. 25 of 1990.
LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 1990.
The Minister for the Environment, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), by sections 4 and 78 of that Act as amended by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 ), by section 25 of that Act as amended by the Local Government (Planning and Development) Act, 1976 (No. 20 of 1976) and by the said Regulations, and by section 20 of the Local Government (Planning and Development) Act, 1976 as amended by the said Regulations, hereby makes the following Regulations:—
PART I PRELIMINARY AND GENERAL
	1 Citation.	1. (1) These Regulations may be cited as the Local Government (Planning and Development) Regulations, 1990.
(2) These Regulations and the Local Government (Planning and Development) Regulations, 1977 to 1989 may be cited together as the Local Government (Planning and Development) Regulations, 1977 to 1990.
	2 Interpretation.	2. (1) In these Regulations, any reference to a Part or article which is not otherwise identified is a reference to a Part or article of these Regulations.
(2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
(3) In these Regulations:—
"the Act of 1963" means the Local Government (Planning and Development) Act, 1963 ;
"the Act of 1983" means the Local Government (Planning and Development) Act, 1983 (No. 28 of 1983);
"approval" means an approval consequent on an outline permission or an approval which is required to be obtained under a condition subject to which a permission or an approval is granted under the Local Government (Planning and Development) Acts, 1963 to 1983;
"the Board" means An Bord Pleanála;
"environmental impact statement" means a statement of the effects, if any, which proposed development, if carried out, would have on the environment;
"the Environmental Impact Assessment Regulations" means the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 );
"the Minister" means the Minister for the Environment;
"outline application" means an application for an outline permission (being a permission for development subject to the subsequent approval of the planning authority);
"planning application" means an application to a planning authority for a permission to develop land and includes—
( a ) an application for permission for the retention of a structure, and
( b ) an application for permission for the continuance of any use of any structure or other land;
"the 1977 Regulations" means the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 );
"the 1982 Regulations" means the Local Government (Planning and Development) (Amendment) Regulations, 1982 ( S.I. No. 342 of 1982 );
"the 1984 Regulations" means the Local Government (Planning and Development) (Exempted Development and Amendment) Regulations, 1984 ( S.I. No. 348 of 1984 ).
(4) In these Regulations, a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment.
	3 Revocations.	3. Article 13A (as substituted by article 8 of the 1984 Regulations), article 28, article 29 (1) (c) (as substituted by article 9 of the 1982 Regulations) and article 30A (as inserted by article 10 of the 1982 Regulations) of the 1977 Regulations are hereby revoked.
PART II PERMISSION REGULATIONS: SUBMISSION OF ENVIRONMENTAL IMPACT STATEMENTS AND RELATED MATTERS
	4 Certain planning applications to be accompanied by environmental impact statement.	4. (1) A planning application in respect of any development of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations, or under any provision amending or replacing the said Article 24, shall, in addition to the requirements of Part IV of the 1977 Regulations, be accompanied by an environmental impact statement.
(2) Sub-article (1) shall not apply to a planning application in respect of which an exemption has been granted by the Minister in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963.
(3) Where the Minister has, in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, applied other requirements in respect of a proposed planning application to which, had an exemption in accordance with the said subsection (3) not been granted, sub-article (1) would have applied, a planning authority shall, as soon as may be after receipt of notice of the grant of the exemption and of the other requirements applied, by notice in writing inform the person intending to make the planning application that the application will not be considered unless the said requirements have been complied with.
	5 Procedure where planning application not accompanied by environmental impact statement.	5. (1) ( a ) Where a planning authority receive a planning application to which the requirement of article 4 (1) applies and the application is not accompanied by an environmental impact statement, they shall, as soon as may be, by notice in writing inform the applicant that the application does not comply with the said requirement and will not be considered until the said requirement has been complied with.
( b ) Where a planning application to which the requirement of article 4 (1) applied was not accompanied by an environmental impact statement and where, before the service of a notice in accordance with paragraph (a), a planning authority receive notice of the grant of an exemption in respect of the application in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963;
(i) a notice in accordance with paragraph (a) shall not be served in relation to the application,
(ii) the planning authority shall, where other requirements were applied in relation to the application in accordance with the said subsection (3), as soon as may be after receipt of notice of the grant of the exemption and of the other requirements applied, by notice in writing inform the applicant that the application will not be considered further until the said requirements have been complied with.
(2) ( a ) A notice in accordance with sub-article (1) (a) shall cease to have effect in relation to a planning application in respect of which an exemption has been granted by the Minister in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963 subsequent to service of the notice, on receipt by the planning authority of notice of the grant of the exemption.
( b ) A planning authority shall, as soon as may be after receipt of notice of the grant of an exemption in respect of a planning application in relation to which a notice has been served in accordance with sub-article (1) (a), by notice in writing inform the applicant of the cesser of the notice served in accordance with sub-article (1) (a), of the date on which the said notice ceased to have effect, and—
(i) where no other requirements have been applied in respect of the application in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, that the application falls to be dealt with as if the notice in accordance with sub-article (1) (a) had been complied with on that date,
(ii) where other requirements have been applied in respect of the application in accordance with the said subsection (3), that the application will not be considered further until the said requirements have been complied with.
	6 Submission of environmental impact statement in respect of certain other planning applications.	6. (1) Where a planning authority receive a planning application in respect of any development which would be of a class referred to in article 4 (1) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, and where they consider that the development would be likely to have significant effects on the environment, they shall by notice in writing require the applicant to submit an environmental impact statement in respect of the development, and shall state that the application will not be considered further until the notice has been complied with.
(2) ( a ) A notice in accordance with sub-article (1) shall cease to have effect in relation to a planning application in respect of which an exemption has been granted by the Minister in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, on receipt by the planning authority of notice of the grant of the exemption.
( b ) A planning authority shall, as soon as may be after receipt of notice of the grant of an exemption in respect of a planning application in relation to which a notice has been served in accordance with sub-article (1), by notice in writing inform the applicant of the cesser of the notice served in accordance with sub-article (1), of the date on which the said notice ceased to have effect, and—
(i) where no other requirements have been applied in respect of the application in accordance with subsection (3) of section 25 (as inserted by the Environmental Impact Assessment Regulations) of the Act of 1963, that the application falls to be dealt with as if the notice in accordance with sub-article (1) had been complied with on that date,
(ii) where other requirements have been applied in respect of the...