Planning and Development (Amendment) Act, 2010

JurisdictionIreland
CitationIR No. 30/2010


PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2010

2010 Number 30

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:

1 Preliminary and General

PART 1

Preliminary and General

S-1 Short title, collective citation, construction and commencement.

1 Short title, collective citation, construction and commencement.

(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.

S-2 Definitions.

2 Definitions.

2.— In this Act—

"Act of 2001" means the Transport (Railway Infrastructure) Act 2001 ;

"Act of 2002" means the Planning and Development (Amendment) Act 2002 ;

"Act of 2006" means the Planning and Development (Strategic Infrastructure) Act 2006 ;

"Act of 2008" means the Dublin Transport Authority Act 2008 ;

"Minister" means the Minister for the Environment, Heritage and Local Government;

"Principal Act" means the Planning and Development Act 2000 .

2 Amendment of Principal Act

PART 2

Amendment of Principal Act

S-3 Legal acts of the European Union given effect to by this Act.

3 Legal acts of the European Union given effect to by this Act.

3.— The Principal Act is amended by the insertion of the following new section after section 1:

"1A.— Effect or further effect, as the case may be, is given by this Act to an act specified in the Table to this section, adopted by an institution of the European Union or, where appropriate, to part of such an act.

TABLE

Council Directive 75/440 EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States

Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds

Environmental Impact Assessment Directive

Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment

Habitats Directive

Major Accidents Directive

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy

Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment

Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EC

Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC

Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community

Birds Directive".

S-4 Amendment of section 2 of Principal Act.

4 Amendment of section 2 of Principal Act.

4.— Section 2(1) of the Principal Act is amended—

(a) by the deletion of the definition of "Council Directive";

(b) by the substitution of—

(i) the following for the definition of "the Birds Directive":

" 'Birds Directive' means Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds;",

(ii) the following for the definition of "European Site":

" 'European site' has the meaning given to it by section 177R of Part XAB;",

(iii) the following for the definition of "Habitats Directive":

" 'Habitats Directive' means Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, amended by Corrigendum to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora amended by Act concerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded; Council Directive 97/62/EC of 27 October 1997 adapting to technical and scientific progress Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora; Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, and Council Directive 2006/105/EC of 20 November 2006 adapting Directives 73/239/EEC, 74/557/EEC and 2002/83/EC in the field of environment, by reason of the accession of Bulgaria and Romania;",

(iv) the following for the definition of "Major Accidents Directive":

" 'Major Accidents Directive' means Council Directive 96/82/EC of 9 December 1996 amended by Directive 2003/105/EC of the European Parliament and Council of 16 December 2003;",

(v) the following for the definition of "planning application":

" 'planning application' means an application to a planning authority, or the Board, as the case may be, in accordance with permission regulations for permission for the development of land required by those regulations;";

(c) by the insertion of the following definitions:

" 'Act of 2001' means the Transport (Railway Infrastructure) Act 2001 ;

'Act of 2006' means the Planning and Development (Strategic Infrastructure) Act 2006 ;

'Act of 2007' means the Water Services Act 2007 ;

'Act of 2008' means the Dublin Transport Authority Act 2008 ;

'Act of 2010' means the Planning and Development (Amendment) Act 2010;

'adaptation to climate change' means the taking of measures to manage the impacts of climate change;

'allotment' means an area of land comprising not more than 1,000 square metres let or available for letting to and cultivation by one or more than one person who is a member of the local community and lives adjacent or near to the allotment, for the purpose of the production of vegetables or fruit mainly for consumption by the person or a member of his or her family;

'anthropogenic' in relation to greenhouse gas emissions means those emissions that result from or are produced by human activity or intervention;

'appropriate assessment' shall be construed in accordance with section 177R;

'core strategy' shall be construed in accordance with section 10 (inserted by section 7 of the Planning and Development (Amendment) Act 2010);

'electronic form' means information that is generated, communicated, processed, sent, received, recorded, stored or displayed by electronic means and is capable of being used to make a legible copy or reproduction of that communicated information but does not include information communicated in the form of speech and such electronic means includes electrical, digital, magnetic, optical electro-magnetic, biometric, photonic and any other form of related technology;

'environmental impact assessment' has the meaning given to it by section 171A;

'Environmental Impact Assessment Directive' means Council Directive No. 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment amended by Council Directive 97/11/EC of 3 March 1997, Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 and Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009;

'flood risk assessment' means an assessment of the likelihood of flooding, the potential consequences arising and measures, if any, necessary to manage those consequences;

'housing strategy' means a strategy included in a development plan under section 94;

'landscape' has the same meaning as it has in Article 1 of the European Landscape Convention done at Florence on 20 October 2000;

'Natura 2000 network' has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive;

'Natura impact statement' shall be construed in accordance with section 177T;

'Natura impact report' shall be construed in accordance with section 177T;

'service connection' has the meaning given to it by section 2 of the Act of 2007;

'settlement hierarchy' has the meaning given to it by section 10(2C) (inserted by section 7 of the Act of 2010);

'strategic development zone' has the meaning given to it by section 165;

'strategic environmental assessment' means an assessment carried out in accordance with regulations made under section 10(5), 13(12), 19(4), 23(3), or 168(3) as the case may be;

'substitute consent' has the meaning given to it by section 177A;".

S-5 Amendment of section 4 of Principal Act.

5 Amendment of section 4 of Principal Act.

5.— Section 4 of the Principal Act is amended—

(a) in subsection (1)—

(i) by the substitution of the following paragraph for paragraph (i):

"(i) development consisting of the thinning, felling or replanting of trees, forests or woodlands or works ancillary to that development, but not including the replacement of broadleaf high forest by conifer species;",

(ii) by the insertion of the following paragraph after paragraph (i):

"(ia) development (other than where the development consists of provision of access to a public road) consisting of the construction, maintenance or improvement of a road (other than a public road) or works...

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