Planning and Development Regulations, 2001

JurisdictionIreland
CitationIR SI 600/2001

Table of Contents

Part

Content

Articles

Pages

1

Preliminary and General

1 - 4

1 - 4

2

Exempted Development

5 - 11

5 - 16

3

Plans and Guidelines

12 - 15

17 - 20

4

Control of Development

16 - 47

21 - 47

5

Housing Supply

48 - 50

48 - 49

6

Architectural Heritage

51 - 55

50 - 51

7

An Bord Pleanála

56 - 78

52 - 65

8

Requirements in respect of Specified Development by, on Behalf of, or in Partnership with, Local Authorities

79 - 85

66 - 75

9

Provisions with Respect to Certain Development by or on Behalf of State Authorities

86 - 91

76 - 83

10

Environmental Impact Assessment

92 - 132

84 - 109

11

Major Accidents Directive

133 - 155

110 - 121

12

Fees

156 - 172

122 - 128

13

Compensation

173 - 178

129 - 131

14

Strategic Development Zones

179

132 - 136

15

Disclosure of Interests, etc.

180 - 181

137 - 138

16

Licensing of Outdoor Events

182 - 199

139 - 147

17

Miscellaneous and Transitional

200 - 208

148 - 152

Schedule

Content

Page

1

Regulations revoked

153

2

Exempted Development

154 - 199

3

Prescribed Notices

200 - 202

4

Vesting Orders

203 - 208

5

Development for the purposes of Part 10

209 - 220

6

Information to be contained in an EIS

221 - 222

7

Criteria for determining whether a development would or would not be likely to have significant effects on the environment

223 - 224

8

Tables for the purposes of Part 11

225 - 226

9

Fees for Planning Applications

227 - 230

10

Miscellaneous Fees

231

11

Declarations

232 - 235

12

Licence fees under Section 254 of the Act in respect of specified appliances, apparatus and structures.

236 - 237

S.I. No. 600 of 2001.

PLANNING AND DEVELOPMENT REGULATIONS, 2001

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 4 , 10 , 11 , 12 , 13 , 20 , 24 , 33 , 34 , 43 , 45 , 51 , 55 , 73 , 75 , 85 , 97 , 100 , 105 , 106 , 142 , 147 , 150 , 169 , 172 , 173 , 174 , 175 , 176 , 177 , 179 , 181 , 185 , 192 , 221 (9) (as inserted by section 247 (k) of the Local Government Act, 2001 (No. 37 of 2001)), 230 , 231 , 238 , 246 , 254 and 262 of the Planning and Development Act, 2000 (No. 30 of 2000) hereby makes the following Regulations:

PART 1

Preliminary and General

Citation

1. These Regulations may be cited as the Planning and Development Regulations, 2001.

Commencement

2. (1) Parts 1, 2, 3, 5, 6, 14, 15, 16 and Chapter 1 of Part 7 and Schedules 1, 2, 11 and Forms No. 1 and 2 of Schedule 4 of these Regulations shall come into operation on 21 January, 2002.

(2) Part 4, 8, 9, 10, 11, 12, 13 and 17 and Chapter 2 of Part 7 and Schedules 3, 5, 6, 7, 8, 9, 10 and 12 and Form No. 3 of Schedule 4 of these Regulations shall come into operation on 11 March, 2002.

Interpretation.

3. (1) In these Regulations, any reference to a Schedule, Part or article which is not otherwise identified is a reference to a Schedule, Part or article of these Regulations.

(2) In these Regulations, any reference to a sub-article, paragraph or sub-paragraph which is not otherwise identified is a reference to the sub-article, paragraph or sub-paragraph of the provision in which the reference occurs.

(3) In these Regulations, except where the context otherwise requires—

“the 1994 Regulations” mean the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ), as amended;

the 1998 Regulations” means the Local Government (Planning and Development) (Fees) (Amendment) (No. 2) Regulations, 1998 ( S.I. No. 128 of 1998 );

“the 2001 Regulations” means the Local Government (Planning and Development) (Fees) Regulations, 2001 ( S.I. No. 525 of 2001 );

“the Act” means the Planning and Development Act, 2000 ;

“the Act of 1963” means the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963);

“approved newspaper” means a newspaper approved by a planning authority for the purposes of these Regulations in accordance with article 18;

“bring facility” means a facility of purpose-built receptacles in which segregated domestic wastes may be deposited by the public, provided in an area to which the public have access;

“built-up area” means a city or town (where “city” and “town” have the meanings assigned to them by the Local Government Act, 2001 ) or an adjoining developed area;

“DTI Strategy” has the meaning assigned to it by the Dublin Transportation Office (Establishment) Order (Amendment) Order, 1999 ( S.I. No. 337 of 1999 );

“Dublin Docklands Area” has the meaning assigned to it by section 4 of the Dublin Docklands Development Authority Act, 1997 (No. 7 of 1997);

“EIS” means an environmental impact statement;

“establishment” means an establishment to which the Major Accident Regulations apply;

“gross floor space” means the area ascertained by the internal measurement of the floor space on each floor of a building (including internal walls and partitions), disregarding any floor space provided for the parking of vehicles by persons occupying or using the building or buildings where such floor space is incidental to the primary purpose of the building;

“hazard” means the intrinsic property of a dangerous substance or physical situation, with a potential for creating damage to human health or the environment;

“Major Accident Regulations” means the European Communities (Control of Major Accident Hazards Involving Dangerous Substances) Regulations, 2000 ( S.I. No. 476 of 2000 );

“minerals” means all minerals and substances in or under land of a kind ordinarily worked by underground or by surface working for the removal but does not include turf;

“motor vehicle” means a mechanically propelled vehicle for the purposes of the Road Traffic Act, 1961 (No. 24 of 1961);

“outline application” means an application for outline permission;

“outline permission” has the meaning assigned to it in section 36(6) of the Act;

“peat extraction” includes any related drainage of bogland;

“provision of an establishment” means development as a result of which an area would become an establishment;

“regional assembly” means a regional authority established by the Local Government Act, 1991 (Regional Authorities) (Establishment) Order, 1999 ( S.I. No. 226 of 1999 );

“transboundary State” means any State, other than Ireland, which is a Member State of the European Communities or a party to the Transboundary Convention.

(4) In these Regulations, any reference to a permission under the Act shall include a reference to a permission under the Act of 1963, and any reference to conditions to which a permission is subject shall be construed accordingly.

(5) In these Regulations, any reference to the making available for purchase of any document shall be construed as including the making available for purchase of an extract from such document.

Revocations.

4. The Regulations mentioned in Schedule 1 are hereby revoked.

PART 2

Exempted Development

Interpretation for this Part.

5. (1) In this Part—

“aerodrome” means any definite and limited area (including water) intended to be used, either wholly or in part, for or in connection with the landing or departure of aircraft;

“airport” means an area of land comprising an aerodrome and any buildings, roads and car parks connected to the aerodrome and used by the airport authority in connection with the operation thereof;

“airport operational building” means a building other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at an airport;

“amusement arcade” means premises used for the playing of gaming machines, video games or other amusement machines;

“betting office” means premises for the time being registered in the register of bookmaking offices kept by the Revenue Commissioners under the Betting Act, 1931 (No. 27 of 1931);

“business premises” means—

(a) any structure or other land (not being an excluded premises) which is normally used for the carrying on of any professional, commercial or industrial undertaking or any structure (not being an excluded premises) which is normally used for the provision therein of services to persons,

(b) a hotel or public house,

(c) any structure or other land used for the purposes of, or in connection with, the functions of a State authority;

“care” means personal care, including help with physical, intellectual or social needs;

“childminding” means the activity of minding no more than 6 children, including the children, if any, of the person minding, in the house of that person, for profit or gain;

“day centre” means non-residential premises used for social or recreational purposes or for the provision of care (including occupational training);

“Director of Telecommunications Regulation” means the Director of Telecommunications Regulation appointed under the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996);

“excluded premises” means—

(a) any premises used for purposes of a religious, educational, cultural, recreational or medical character,

(b) any guest house or other premises (not being a hotel) providing overnight guest accommodation, block of flats or apartments, club, boarding house or hostel,

(c) any structure which was designed for use as one or more dwellings, except such a structure which was used as business premises immediately before 1 October, 1964 or is so used with permission under the Act;

“fish counter” means a device...

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