Planning and Development, Maritime and Valuation (Amendment) Act 2022

• Jurisdiction: Ireland
• Citation: IR No. 29/2022
• Year: 2022

• Full Act
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• Act As Enacted
• Amendments
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Number 29 of 2022

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PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022

REVISED

Updated to 1 December 2022

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This Revised Act is an administrative consolidation of the Planning and Development, Maritime and Valuation (Amendment) Act 2022. 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 the Credit Guarantee (Amendment) Act 2022 (38/2022), enacted 2 December 2022, and all statutory instruments up to and including the Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 5) Order 2022 (S.I. No. 600 of 2022), made 23 November 2022, 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 29 of 2022

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PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022

REVISED

Updated to 1 December 2022

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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 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 1(2)). The Acts in this group are:

• Planning and Development Act 2000 (30/2000)

• Local Government Act 2001 (37/2001), ss. 2, 5(3) and Schedule 4 insofar 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), s. 1(6) and 114

• Harbours (Amendment) Act 2009(26/2009), s. 7(1) and (2), s. 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 Schedule 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), ss. 1(1), (2)(a), (3), 2‐29

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

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

• European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. 296 of 2018), Parts 2, 3, 4 and Schedules 1, 2

• Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), Part 3

• Residential Tenancies (Amendment) Act 2019 (14/2019), s. 38

• Local Government Rates and Other Matters Act 2019 (24/2019), ss. 23, 24

• European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), Part II (reg. 5)

• Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), Part 2, Chapters 2, 5 (ss. 4-11, 15)

• Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021)

• Maritime Area Planning Act 2021 (50/2021), Part 8 (ss. 171-174) and Schedules 10-12

• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), Part 2 (ss. 2-41)

• Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), Part 2 (ss. 2-14)

Maritime Area Planning Acts 2021 and 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022) s. 1(3)). The Acts in this group are:

• Maritime Area Planning Act 2021 (50/2021)

• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), Part 3 (ss. 42-71)

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 1972, 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

None

All Acts up to and including Credit Guarantee (Amendment) Act 2022 (38/2022), enacted 2 December 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 5) Order 2022 (S.I. No. 600 of 2022)

• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 4) Order 2022 (S.I. No. 550 of 2022)

• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 3) Order 2022 (S.I. No. 523 of 2022)

• European Union (Planning and Development, Maritime and Valuation (Amendment) Act 2022) (Amendment) Regulations 2022 (S.I. No. 513 of 2022)

• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 2) Order 2022 (S.I. No. 487 of 2022)

• Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) Order 2022 (S.I. No. 447 of 2022)

All statutory instruments up to and including Planning and Development, Maritime and Valuation (Amendment) Act 2022 (Commencement of Certain Provisions) (No. 5) Order 2022 (S.I. No. 600 of 2022), made 23 November 2022, were considered in the preparation of this revision.

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Number 29 of 2022

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PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022

REVISED

Updated to 1 December 2022

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Acts Referred to

Maritime Area Planning Act 2021 (No. 50)

Planning and Development Act 2000 (No. 30)

Planning and Development Acts 2000 to 2021

Residential Tenancies and Valuation Act 2020 (No. 7)

Valuation Act 2001 (No. 13)

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Number 29 of 2022

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PLANNING AND DEVELOPMENT, MARITIME AND VALUATION (AMENDMENT) ACT 2022

REVISED

Updated to 1 December 2022

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An Act to amend the Planning and Development Act 2000; to provide that a person shall not advertise certain property in a rent pressure zone for letting for a period not exceeding 14 days; to provide for certain matters relating to Ministerial directions regarding development plans and local area plans and the related functions of the Office of the Planning Regulator; to provide for consultation before making applications for certain permissions for, and approvals of, the development of land and the maritime area in relation to details of such development that may not be confirmed at the time such applications are made; to provide for applications to be made to An Bord Pleanála in respect of development of lands where an application for substitute consent of development of those lands has been made, or in respect of development of lands adjoining those lands; to remove the requirement to apply for leave for substitute consent under Part XA of the Planning and Development Act 2000; to provide for certain matters relating to judicial review of decisions and acts of planning authorities, local authorities and An Bord Pleanála; to provide for the appointment of a chief executive designate to the Maritime Area Regulatory Authority and to provide for other matters relating to the maritime area, including matters relating to judicial review and rehabilitation schedules and for those and other purposes to amend the Maritime Area Planning Act 2021; to enable the Commissioner of Valuation with the consent of the Minister for Housing, Local Government and Heritage to revoke a valuation order in certain circumstances and for that purpose to amend the Valuation Act 2001; to extend the period within which a valuation list in relation to a rating authority shall be published and for that purpose to amend the Residential Tenancies and Valuation Act 2020; and to provide for related matters.

[24th July, 2022]

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, Maritime and Valuation...