Planning and Development (Amendment) Act, 2010

• Jurisdiction: Ireland
• Citation: IR No. 30/2010
• Year: 2010

• Full Act
• Act by Section
• Act As Enacted
• Amendments
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Number 30 of 2010

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PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2010

REVISED

Updated to 25 January 2019

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This Revised Act is an administrative consolidation of the Planning and Development (Amendment) Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Local Government Act 2019 (1/2019), enacted 25 January 2019, and all statutory instruments up to and including Planning And Development Act 2000 (Exempted Development) Regulations 2019 (S.I. No. 12 of 2019), made 25 January 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

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Number 30 of 2010

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PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2010

REVISED

Updated to 25 January 2019

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Planning and Development Acts 2000 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018, reg. 1(2)). The Acts and Statutory Instruments in this group are:

• Planning and Development Act 2000 (30/2000)

• Local Government Act 2001 (37/2001), ss. 2, 5(3) and Schedule 4 (in so far as they relate to the Act of 2000) and s. 247

• Planning and Development (Amendment) Act 2002 (32/2002), Parts 2 and 3

• Housing (Miscellaneous Provisions) Act 2004 (43/2004), s. 2

• Planning and Development (Strategic Infrastructure) Act 2006 (27/2006)

• Water Services Act 2007 (30/2007), ss. 1(6) and 114

• Harbours (Amendment) Act 2009 (26/2009), ss. 7(1) and (2) and 21(3)

• Compulsory Purchase Orders (Extension of Time Limits) Act 2010 (17/2010)

• Planning and Development (Amendment) Act 2010 (30/2010), other than Part 3

• Environment (Miscellaneous Provisions) Act 2011 (20/2011), Part 5

• Electoral, Local Government and Planning and Development Act 2013 (27/2013), Part 8

• Local Government Reform Act 2014 (1/2014), ss. 1(8), 5(7) and sch. 2 part 4

• Urban Regeneration and Housing Act 2015 (33/2015)

• Planning and Development (Amendment) Act 2015 (63/2015)

• Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), other than s. 1(2)(b) and (c), Parts 3 to 5 and sch.

• Planning and Development (Amendment) Act 2017 (20/2017)

• Planning and Development (Amendment) Act 2018 (16/2018), other than Part 4 and sch. 3 ref. nos. 12-18

• European Union (Planning and Development) (Environment Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), Parts 2, 3, 4 and schs. 1 and 2

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1978, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Urban Regeneration and Housing Act 2015 (33/2015)

• Local Government Reform Act 2014 (1/2014)

• Water Services (No. 2) Act 2013 (50/2013)

• Environment (Miscellaneous Provisions) Act 2011 (20/2011)

• Planning and Development Acts 2000 to 2013

All Acts up to and including Local Government Act 2019 (1/2019), enacted 25 January 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Planning and Development (Amendment) Act 2010 (Commencement) (No. 3) Order 2011 (S.I. No. 582 of 2011)

• Planning and Development (Amendment) Act 2010 (Commencement) (No. 2) Order 2011 (S.I. No. 475 of 2011)

• European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011)

• Planning and Development (Amendment) Act 2010 (Commencement) Order 2011 (S.I. No. 132 of 2011)

• Planning and Development (Amendment) Act 2010 (Commencement) (No. 3) Order 2010 (S.I. No. 477 of 2010)

• Planning and Development (Amendment) Act 2010 (Commencement) (No. 2) Order 2010 (S.I. No. 451 of 2010)

• Planning and Development (Amendment) Act 2010 (Commencement) Order 2010 (S.I. No. 405 of 2010)

All statutory instruments up to and including Planning And Development Act 2000 (Exempted Development) Regulations 2019 (S.I. No. 12 of 2019), made 25 January 2019, were considered in the preparation of this revision.

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Number 30 of 2010

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PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2010

REVISED

Updated to 25 January 2019

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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) Act 2006	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) ACT 2010

REVISED

Updated to 25 January 2019

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AN ACT TO AMEND AND EXTEND THE PLANNING AND DEVELOPMENT ACT 2000, TO AMEND THE TRANSPORT (RAILWAY INFRASTRUCTURE) ACT 2001, AND TO PROVIDE FOR RELATED MATTERS.

[26th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

1.

Short title, collective citation, construction and commencement.

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 this Act (other than Part 3) may be cited together as the Planning and Development Acts 2000 to 2010 and shall be read together as one.

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

Annotations

Editorial Notes:

E1

Power pursuant to section exercised (15.11.2011) by Planning and Development (Amendment) Act 2010 (Commencement) (No. 3) Order 2011 (S.I. No. 582 of 2011).

2. The 15 day of November 2011 is appointed as the day on which the following provisions of the Planning and Development (Amendment) Act 2010 (No. 30 of 2010) come into operation:

(a) section 74(a) to (d);

(b) section 75.

E2

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) Act 2010 (Commencement) (No. 2) Order 2011 (S.I. No. 475 of 2011).

2. The 21st day of September 2011 is appointed as the day on which the following provisions of the Planning and Development (Amendment) Act 2010 come into operation:

(a) section 6;

(b) section 10(f);

(c) section 12(d);

(d) section 14(c);

(e) section 23(b);

(f) section 50(c);

(g) section 57;

(h) section 62;

(i) sections 79 and 80.

E3

Power pursuant to section exercised (23.03.2011) by Planning and Development (Amendment) Act 2010 (Commencement) Order 2011 (S.I. No. 132 of 2011).

2. The 23rd day of March 2011 is appointed as the day on which the following provisions of the Planning and Development (Amendment) Act 2010 (No. 30 of 2010) come into operation—

(a) section 23(a),

(b) section 23(c),

(c) section 41(a),

(d) section 41(b), and

(e) section 49.

E4

Power pursuant to section exercised...