Planning and development act, 2000

• Enactment Date: 28 August 2000
• Act Number: 30

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.

...