IE
(LRC Revised)
Statutory Text (1 Articles)
Number 30 of 2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 26 May 2026
Changes to legislation
as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries
here
. Note that some amendments may not be in force until commenced by a commencement order or other provision.
This Revised Act is an administrative consolidation of the
Planning and Development Act 2000
. 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
International Co-Operation (Omagh Bombing Inquiry) Act 2026
(12/2026), enacted 3 June 2026, and all statutory instruments up to and including
the
Planning and Development (Amendment (Act of 2000)) Regulations 2026
(S.I. No. 236 of 2026), made 26 May 2026, 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.
Number
30
of
2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 26 May 2026
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section
1.
Short title.
1A.
Legal acts of the European Union given effect to by this Act.
2.
Interpretation.
3.
Development.
3A.
Short term lettings.
4.
Exempted development.
5.
Declaration and referral on development and exempted development.
6.
Power of examination, investigation and survey.
7.
Planning register.
8.
Ob3ligation to give
information to local authority.
PART II
Plans and Guidelines
Chapter I
Development Plans
9.
Obligation to make
development plan.
(Repealed)
9A.
Modification to operation of
section 9
of Act of 2000 having regard to Covid-19.
(Repealed)
10.
Content of development plans.
(Repealed)
11.
Preparation of draft development plan.
(Repealed)
11A.
Extension of certain development plans and restriction of
section 11
.
(Repealed)
11B.
Development plans for new administrative areas to be provided for.
(Repealed)
11C.
Development plans and dissolution of certain planning authorities.
(Repealed)
11D.
Modification to operation of
sections 11
and
11B
of Act of 2000 having regard to Covid-19.
(Repealed)
12.
Making of development plan.
(Repealed)
13.
Variation of development plan.
(Repealed)
14.
Public rights of way in development plans.
(Repealed)
15.
General duty of planning authority to secure objectives of development plan.
(Repealed)
16.
Copies of development plans.
(Repealed)
17.
Evidence of development plans.
(Repealed)
Chapter II
Local Area Plans
18.
Local area plans.
(Repealed)
19.
Application and content of local area plans.
(Repealed)
20.
Consultation and adoption of local area plans.
(Repealed)
Chapter IIA
National Planning Framework
20A.
National Planning Framework
(Repealed)
20B.
Objective of National Planning Framework
(Repealed)
20C.
Matters to be addressed in National Planning Framework
(Repealed)
Chapter III
Regional Spatial and Economic Strategy
21.
Power to make regional spatial and economic strategy.
(Repealed)
22.
Co-operation of planning authorities with regional assembly.
(Repealed)
22A.
Co-operation of public bodies with regional assemblies.
(Repealed)
23.
Content and objectives of regional spatial and economic strategy.
(Repealed)
24.
Consultation regarding regional spatial and economic strategy.
(Repealed)
25.
Procedure for making regional spatial and economic strategy.
(Repealed)
25A.
Reports on regional spatial and economic strategy.
(Repealed)
26.
Review of regional spatial and economic strategy.
(Repealed)
27.
Regional spatial and economic strategy and development plans.
(Repealed)
27A.
Report of regional assembly for preparation of draft development plan.
(Repealed)
27B.
Role of regional assembly in making of development plan.
(Repealed)
27C.
Role of regional assembly in variation of development plan.
(Repealed)
27D.
Modification of role of regional assembly having regard to Covid-19.
(Repealed)
Chapter IV
Guidelines and Directives
28.
Ministerial guidelines.
(Repealed)
29.
Ministerial policy directives.
30.
Limitation on Ministerial power.
31.
Ministerial directions regarding development plans.
31A.
Ministerial directions regarding regional planning strategy.
(Repealed)
PART IIA
DTA and Land Use Provisions.
31B.
DTA role in preparation of draft development plan.
31C.
DTA role in making of development plan.
31D.
DTA role in variation of development plan.
31E.
DTA role in the making, amending or revoking of local area plans by planning authorites.
31F.
Co-operation of DTA with regional authorities.
(Repealed)
31FF.
Co-operation and further provisions relating to regional spatial and economic strategy.
(Repealed)
31G.
DTA role in preperation of draft regional planning guidelines.
(Repealed)
31GG.
NTA submission.
(Repealed)
31H.
Request by DTA for Minister to issue guidelines or policy directives.
31I.
Requirement for impact assessment for certain classes of development.
31J.
Transport strategy and planning process.
PART IIB
Office of the Planning Regulator
Chapter I
Preliminary and General (Part IIB)
31K.
Definitions (Part IIB)
Chapter II
Establishment, Organisation, Staffing etc.
31L.
Establishment of Office of the Planning Regulator
(Repealed)
31M.
Office of the Planning Regulator
(Repealed)
31N.
Planning Regulator
(Repealed)
31O.
Seal of Planning Regulator
(Repealed)
31P.
Functions of Office
31Q.
Education, training and research functions
(Repealed)
31R.
Performance of functions by Office
(Repealed)
31S.
Office to have regard to certain policies and objectives and to requirements
(Repealed)
31T.
Corporate strategy of Office
31U.
Monitoring of performance of Office
(Repealed)
31V.
Consultation between Minister and Planning Regulator
(Repealed)
31W.
Appointment and term of office of Planning Regulator
(Repealed)
31X.
Transitional provisions relating to Office
(Repealed)
31Y.
Resignation and removal of Regulator
(Repealed)
31Z.
Directors
(Repealed)
31AA.
Staff of Office
(Repealed)
31AB.
Membership of either House of Oireachtas, European Parliament or local authority
(Repealed)
31AC.
Members of staff of Office to be civil servants
(Repealed)
31AD.
Prohibition on disclosure of information relating to functions of Office
(Repealed)
31AE.
Liability of Planning Regulator or member of staff for acts and omissions
31AF.
Grants to Office
(Repealed)
31AG.
Accounts and audits of Office
(Repealed)
31AH.
Annual report of Office
(Repealed)
31AI.
Provision of services and resources by Minister to Office
(Repealed)
31AJ.
Service providers
(Repealed)
31AK.
Fees payable to Office
(Repealed)
31AL.
Code of conduct
(Repealed)
Chapter III
Evaluation and assessment carried out by Office of the Planning Regulator
31AM.
Evaluation and assessment by Office of matters relating to development plans
31AN.
Consequential provisions to
section 31AM
31AO.
Evaluation and assessment by Office of matters relating to local area plans
31AP.
Consequential provisions to
section 31AO
31AQ.
Evaluation and assessment by Office of matters relating to regional spatial and economic
strategies
(Repealed)
31AR.
Consequential provisions to
section 31AQ
(Repealed)
Chapter IV
Review of Planning Functions
31AS.
Review at instigation of Office
(Repealed)
31AT.
Review by Office at instigation of Minister
(Repealed)
31AU.
Complaint to Office in respect of planning authority
(Repealed)
31AV.
Information and records to be made available to Office
(Repealed)
31AW.
Access to information (
Part IIB
)
(Repealed)
31AX.
Offences (
Part IIB
)
(Repealed)
PART III
Control of Development
32.
General obligation to obtain permission.
32A.
Person to seek opinion of planning authority prior to application for LRD.
32B.
Request for LRD meeting.
32C.
LRD meeting.
32D.
LRD Opinion.
32E.
LRD procedure without prejudice to performance by the planning authority of other
functions.
32F.
Effect of steps not being completed within the time period.
32G.
Offence of taking payment, etc. in connection with LRD procedure.
32H.
Application for opinion under
section 32I
.
32I.
Opinion as to flexibility with regard to application for permission.
32J.
Procedure without prejudice to performance by the planning authority of other functions.
32K.
Effect of steps not being completed within the time period.
32L.
Offence of taking payment, etc. in connection with
section 32H
procedure.
33.
Regulations regarding applications for permission.
34.
Permission for development.
34A.
Interpretation -
sections 34B
,
34C
,
37R
and
37S
.
34B.
Supplementary provisions relating to proposed development at Dublin Airport.
34C.
Supplementary provisions relating to operating restriction included in planning permission.
34D.
Acknowledgement of completeness of certain applications.
34E.
Supplementary provisions relating to renewable energy development with
capacity of 150kW or more.
34F.
Supplementary provisions relating to renewable energy development with
capacity of less than 150kW and repowering development.
34G.
Supplementary provisions relating to ground source heat pumps and
relevant solar energy development.
34H.
Supplementary provisions relating to small-scale solar energy equipment or
small-scale non-ground source heat pump.
35.
Refusal of planning permission for past failures to comply.
36.
Outline permission.
37.
Appeal to Board.
37A.
Board’s jurisdiction in relation to certain planning applications.
37B.
Discussions with Board before making of application.
37C.
Section 37B
: supplemental provisions.
37CC.
Application for opinion under
section 37CD
.
37CD.
Section 37B
: supplemental provisions.
37CE.
Section 37B
: supplemental provisions.
37D.
Opinion by Board on information to be contained in environmental impact statement.
37E.
Application to Board
37F.
Section 37E
: supplemental provisions.
37G.
Decision by Board on application under
section 37E
.
37H.
Section 37G
: supplemental provisions.
37I.
Regulations.
37J.
Objective of the Board in relation to applications under
section 37E
.
37JA.
Acknowledgement of completeness of certain applications under
section 37E
.
37JB.
Periods for decision-making in relation to applications for permission for
renewable energy development or repowering development under
section 37E
.
37K.
Nuclear installations: no development in respect of them authorised.
37L.
Quarry substitute consent applications - Board’s jurisdiction in relation to simultaneous applications for further development
37M.
Section 37L
: supplemental provisions
37N.
Decision by Board on application under
section 37L
37O.
Section 37N
: supplemental provisions
37P.
Regulations
37Q.
Objective of the Board in relation to applications under
section 37L
37R.
Supplementary provisions relating to decisions on applications referred to in
section 34B(1)
or
34C(1)
which were not refused by virtue of
section 34B(5)
or
34C(5)
37S.
Supplementary provisions relating to decisions on applications referred to in
section 34B(1)
or
34C(1)
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.
42A.
Power to extend appropriate period on application of NAMA.
(Repealed)
42B.
Modification to operation of
section 42
of Act of 2000 having regard to Covid-19.
43.
Regulations regarding
sections 40, 41
and
42
.
44.
Revocation or modification of permission.
44A.
Revocation or modification of planning permission for certain reasons.
44B.
Modification of
permission for residential development.
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 applications,appeals,referrals and other matters.
50A.
Section 50
: supplemental provisions.
50B.
Costs in environmental 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.
(Repealed)
96.
Provision of social and affordable housing, etc..
96A.
Restoration of normal limit of duration for certain permissions.
96B.
Levy to be paid in consideration of restoration effected by
section 96A
.
97.
Development to which
section 96
shall not apply.
98.
Allocation of affordable housing.
(Repealed)
99.
Controls on resale of certain houses.
(Repealed)
100.
Regulations under this Part.
(Repealed)
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.
(Repealed)
104.
Board to consist of
chairperson and 7 other members.
(Repealed)
105.
Appointment of
chairperson.
(Repealed)
105A.
Appointment of
chairperson on interim basis.
(Repealed)
106.
Appointment of ordinary
members.
(Repealed)
107.
Appointment of deputy
chairperson.
(Repealed)
107A.
General power of deputy
chairperson to perform functions of chairperson where office is
vacant.
(Repealed)
108.
Board’s quorum,
vacancies, etc.
(Repealed)
Chapter II
Organisation, Staffing, etc.
109.
Performance of
Board.
(Repealed)
110.
Chairperson to ensure efficient discharge of business of Board, etc.
111.
Meetings and procedure of
Board.
(Repealed)
112.
Divisions of
Board.
(Repealed)
112A.
Strategic Infrastructure
Division.
(Repealed)
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.
(Repealed)
117.
Accounts and audits of Board.
(Repealed)
118.
Annual report and information to Minister.
(Repealed)
119.
Superannuation of members of Board.
(Repealed)
120.
Employees of Board.
(Repealed)
121.
Superannuation of employees of Board.
(Repealed)
122.
Provision of services by Minister to Board.
(Repealed)
123.
Membership of either House of the Oireachtas, etc.
(Repealed)
124.
Consultants and advisers to Board.
(Repealed)
Chapter III
Appeal Procedures, etc.
125.
Appeals, referrals and applications with which the Board is concerned.
126.
Duty and objective of Board in relation to appeals and referrals.
126A.
Time limits for LRD appeals.
126B.
Consequences of non-compliance with time limits for LRD appeals.
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, referrals and applications.
134A.
Further power to hold oral hearings.
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.
Chapter IV
Additional powers of Board in relation to permissions, decisions, approvals, etc.
146A.
Amendments of permissions, etc. of clerical or technical nature.
146B.
Alteration by Board of strategic infrastructure development on request made of it.
146BA.
Acknowledgement of completeness of certain requests under section 146B.
146BB.
Periods for decision-making in relation to requests for material alteration of renewable
energy development or repowering development.
146C.
Preparation of environmental impact statement for purposes of
section 146B
.
146CA.
Provisions supplementary to
sections 146B
and
146C
146D.
Application of
sections 146A
to
146C
to railway orders.
PART VII
Disclosure of Interests, etc.
147.
Declaration by members, etc. of certain interests.
(Repealed)
148.
Requirements affecting members, etc. who have certain beneficial interests.
(Repealed)
149.
Supplemental provisions relating to
sections 147
and
148
.
(Repealed)
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.
156.
Penalties for offences.
157.
Prosecution of offences.
158.
Offences by bodies corporate.
159.
Payment of fines to planning authorities.
160.
Injunctions in relation to unauthorised development.
161.
Costs of prosecutions and applications for injunctions.
162.
Evidence of permission.
163.
Permission not required for any works required under this Part.
164.
Transitional arrangements for offences.
164A.
Development in Dublin Docklands Area.
PART IX
Strategic Development Zones
165.
Interpretation.
166.
Designation of sites for strategic development zones.
167.
Acquisition of site for strategic development zone.
168.
Planning scheme for strategic development zones.
169.
Making of planning scheme.
170.
Application for development in strategic development zone.
170A.
Amendment of planning scheme.
171.
Revocation of planning scheme.
PART X
Environmental Impact Assessment
171A.
Interpretation.
172.
Requirement for environmental impact statement.
172A.
EIA Portal.
172B.
Provision of information by applicants to EIA portal.
172C.
Response of Minister on submission of information to EIA portal.
173.
Permission for development requiring environmental impact assessment.
173A.
Environmental impact assessment and integrated pollution prevention and control licences.
173B.
Environmental impact assessment and waste licences.
173C.
Environmental impact assessment relating to waste water discharges.
173D.
Environmental impact assessment relating to abstractions.
174.
Transboundary environmental impacts.
175.
Environmental impact assessment of certain development carried out by or on behalf
of local authorities.
176.
Prescribed classes of development requiring assessment.
176A.
Application for screening for environmental impact assessment.
176B.
Screening for environmental impact assessment.
176C.
Review of screening determination for environmental impact assessment and referral
of application for screening for environmental impact assessment.
177.
Prescribed information regarding environmental impact statements.
PART XA
Substitute Consent
177A.
Interpretation.
177B.
Application to apply for substitute consent where notice served by planning authority.
(Repealed)
177C.
Application for leave to apply for substitute consent where notice not served by planning
authority.
(Repealed)
177D.
Decision of Board on whether to grant leave to apply for substitute consent.
(Repealed)
177E.
Application for substitute consent.
177F.
Remedial environmental impact statement.
177G.
Remedial Natura impact statement.
177H.
Submissions or observations by person other than the applicant for substitute consent
or planning authority.
177I.
Report of planning authority.
177J.
Draft direction and direction to cease activity or operations.
177K.
Decision of Board.
177L.
Direction by Board to cease activity or operations or take remedial measures.
177M.
Fees and costs arising on an application for substitute consent.
177N.
Regulations.
177O.
Enforcement.
177P.
Supplementary provisions relating to an application for substitute consent.
177Q.
Oral hearings of applications for substitute consent.
PART XAB
Appropriate Assessment
177R.
Interpretation.
177S.
Competent Authority.
177T.
Natura impact report and Natura impact statement.
177U.
Screening for appropriate assessment.
177V.
Appropriate assessment.
177W.
Draft Land use plans and imperative reasons of overriding public interest.
177X.
European site that does not host priority habitat or species and draft Land use plan.
177Y.
European site that hosts priority habitat type or species and draft Land use plan.
177Z.
Making of Land use plans or part thereof.
177AA.
Proposed development and imperative reasons of overriding public interest.
177AB.
European site that does not host priority habitat type or species.
177AC.
European site that hosts priority habitat type or species.
177AD.
Regulations.
177AE.
Appropriate Assessment of certain development carried out by or on behalf of local
authorities.
PART XI
Development by Local and State Authorities, etc.
178.
Restrictions on development by certain local authorities.
178A.
Development in maritime area by local authority or State authority
179.
Local authority own development.
179A.
Local authority own housing development
180.
Taking in charge of estates.
181.
Development by State authorities.
181A.
Approval of certain State development requiring environmental impact assessment.
181B.
Section 181A
: criteria for decision, certain exemptions, etc.
181C.
Procedures in advance of seeking approval under
section 181B
.
182.
Cables, wires and pipelines.
182A.
Electricity transmission lines.
182AA.
Disapplication of
section 182A
of Act of 2000.
182B.
Section 182A
: criteria for decision, certain exemptions, etc.
182C.
Application for approval of strategic gas infrastructure development.
182D.
Section 182C
: criteria for decision, certain exemptions, etc.
182E.
Procedures in advance of seeking approval under
section 182B
or
182D
.
182F.
Application for opinion under
section 182G
.
182G.
Opinion as to flexibility with regard to application for approval.
182H.
Offence of taking payment, etc. in connection with
section 182G
procedure.
PART XII
Compensation
Chapter I
Compensation generally
183.
Compensation claims: time limits.
184.
Determination of compensation claim.
185.
Regulations in relation to compensation.
186.
Prohibition of double compensation.
187.
Recovery of compensation from planning authority.
188.
Registration of compensation.
189.
Recovery by planning authority of compensation on subsequent development.
Chapter II
Compensation in relation to decisions under Part III
190.
Right to compensation.
191.
Restriction of compensation.
192.
Notice preventing compensation.
193.
Special provision for structures substantially replacing structures demolished or
destroyed by fire.
194.
Restriction on assignment of compensation under
section 190
.
195.
Compensation where permission is revoked or modified.
Chapter III
Compensation in relation to sections 46, 85, 88, 182, 207
and
252
196.
Compensation regarding removal or alteration of structure.
197.
Compensation regarding discontinuance of use.
198.
Compensation claim relating to area of special planning control.
199.
Compensation regarding cables, wires and pipelines.
200.
Compensation regarding creation of public rights of way.
201.
Compensation regarding entry on land.
PART XIII
Amenities
202.
Area of special amenity.
203.
Confirmation of order under
section 202
.
204.
Landscape conservation areas.
205.
Tree preservation orders.
206.
Creation of public rights of way pursuant to agreement.
207.
Compulsory powers for creation of public rights of way.
208.
Supplemental provisions with respect to public rights of way.
209.
Repair and tidying of advertisement structures and advertisements.
PART XIV
Acquisition of Land, etc.
210.
Appropriation of land for local authority purposes.
211.
Disposal of land by local authority.
212.
Development by planning authority, etc.
213.
Land acquisition by local authorities.
214.
Transfer of Minister’s functions in relation to compulsory acquisition of land to Board.
215.
Transfer of certain Ministerial functions under Roads Acts, 1993 and 1998, to Board.
215A.
Transfer of certain Ministerial functions under Gas Act 1976 to Board.
215B.
Transfer of certain Ministerial functions under Air Navigation Act 1998.
215C.
Transfer of certain Ministerial functions under Harbours Act 1996.
216.
Confirmation of compulsory purchase order where there are no objections.
217.
Certain time limits in respect of compulsory purchase of land, etc.
217A.
Transferred functions under this Part: supplemental provisions.
217B.
Section 215
: supplemental provisions.
217C.
Board’s powers to make decisions on transferred functions.
218.
Oral hearings in relation to compulsory acquisition of land.
219.
Power to direct payment of certain costs.
220.
Certain procedures to run in parallel.
221.
Objective of the Board in relation to transferred functions.
222.
Amendment of section 10 of Local Government (No. 2) Act, 1960.
223.
References to transferred functions in regulations, etc.
PART XV
Development on the Foreshore
224.
Definition.
Repealed
225.
Obligation to obtain permission in respect of development on foreshore.
226.
Local authority development on foreshore.
Repealed
227.
Acquisition of land etc, on foreshore.
Repealed
228.
Entering on foreshore for certain purposes.
Repealed
PART XVI
Events and Funfairs
229.
Interpretation.
230.
Obligation to obtain a licence for holding of an event.
231.
Grant of licence.
232.
Codes of practice in relation to event.
233.
Service of notice in relation to events.
234.
General obligations with regard to safety at events.
235.
Powers of inspection in connection with events.
236.
Limitation of civil proceedings.
237.
Consequential provisions for offences.
238.
Holding of event by local authority.
239.
Control of
funfairs.
(Repealed)
240.
Exclusion of events and funfairs from planning control.
241.
Regulations for event.
PART XVII
Financial Provisions
242.
Expenses of administration of Minister.
243.
Charging of expenses of planning authority.
244.
Apportionment of joint expenses of planning authorities.
245.
Power to set-off.
246.
Fees payable 2to planning
authorities.
PART XVIII
Miscellaneous
247.
Consultations in relation to proposed development.
248.
Information to be provided in electronic form.
249.
Additional requirements for public notification.
250.
Service of notices, etc.
251.
Calculation of appropriate period and other time limits over holidays.
251A.
Calculation of time limits during emergency.
252.
Power of authorised person to enter on land.
253.
Powers of entry in relation to enforcement.
254.
Licensing of appliances and cables, etc., on public roads.
255.
Performance of functions by planning authorities.
256.
Amendment of Environmental Protection Agency Act, 1992.
(Repealed)
257.
Amendment of Waste Management Act, 1996.
258.
Limitation on connection to sanitary authority sewers.
(Repealed)
259.
Limitation of section 53 of the Waterworks Clauses Act, 1847.
(Repealed)
260.
Saving for national monuments.
261.
Control of quarries.
261A.
Further matters in relation to control of quarries.
262.
Regulations generally.
PART XIX
Commencement, Repeals and Continuance
263.
Interpretation.
264.
Repeals.
265.
Continuity of repealed enactments.
266.
Transitional provisions regarding development plans.
267.
Transitional provisions respecting compulsory acquisition of land.
268.
Miscellaneous transitional provisions.
268A.
Transitional provisions consequent on the Local Government Reform Act 2014.
269.
Regulations to remove difficulties.
270.
Commencement.
270A.
Exempted developments not affected.
PART XX
Amendments of Roads Act, 1993
271.
Amendment of section 57 of Roads Act, 1993.
272.
Scheme prepared under section 57 of Roads Act, 1993, to be adopted by road authority.
273.
Amendment of section 60 of Roads Act, 1993.
274.
Amendment of section 61 of Roads Act, 1993.
275.
Amendment of section 63 of Roads Act, 1993.
276.
Amendment of section 65 of Roads Act, 1993.
277.
Further amendment of Part V of Roads Act, 1993.
PART XXI
Maritime Development
Chapter I
Preliminary and General
278.
Definitions
278A.
Disapplication of Chapters II and III of Part XXI of Act of 2000
279.
Extension of functional area of coastal planning authority
279A.
Maritime Area Regulatory Authority is prescribed body
Chapter II
Certain Development in Nearshore Area
280.
Application of Chapter
281.
Obligation to obtain permission to carry out development
282.
Consideration by planning authority of application for permission for development
283.
Effect of bringing of judicial review of maritime area consent on application under
section 34
or appeal under
section 37
Chapter III
Other Development in Maritime Area
284.
Definitions
285.
Application of Chapter
286.
Obligation to obtain permission to carry out development
287.
Consultation with Board prior to application for permission
287A.
Application for opinion under
section 287B
287B.
Opinion of Board as to flexibility with regard to application for permission
287C.
Offence of taking payment etc.
288.
Provision supplementing
section 287
289.
Screening for environmental impact assessment in respect of proposed development
290.
Opinion of Board on information to be contained in environmental impact assessment
report
291.
Application to Board
292.
Provision supplementing
section 291
293.
Decision by Board in respect of application under
section 291
294.
Provision supplementing
section 293
295.
Period within which decision under
section 293
to be made
295A.
Acknowledgement of completeness of certain applications under
section 291
295B.
Supplementary provisions in relation to period within which decision under
section 293
to be made
296.
Discussions with Board prior to application for alteration of development in maritime
area
297.
Request for alteration of terms of permission to which this Chapter applies
298.
Alteration, other than material alteration, of terms of permission
299.
Material alteration of terms of permission
300.
Request for opinion of Board with regard to environmental impact assessment
301.
Environmental impact assessment report in accordance with requirement under
section 297
302.
Submission and notification of environmental impact assessment report and Natura impact
statement
303.
Application of
section 177AA
to request for material alteration of terms of permission
304.
Effect of bringing of judicial review of maritime area consent on application for
permission
305.
Oral hearings
306.
Regulations
Chapter IV
Manner of Application of Certain Provisions to Maritime Area
307.
Definition
308.
Disapplication of certain provisions of Act in relation to maritime area
309.
Construction of references to land
310.
Construction of references to proper planning and sustainable development
311.
Construction of references to National Planning Framework
312.
Construction of references to development plan
313.
Construction of references to planning authority
314.
Application of
section 5
to outer maritime area
315.
Application of
section 137
316.
Application of
section 146
317.
Application of
Part X
318.
Application of
Part XAB
319.
Public notice of application
320.
Consultation by coastal planning authority with Maritime Area Regulatory Authority
321.
Consultation by Board with Maritime Area Regulatory Authority
FIRST SCHEDULE
(Repealed)
Purposes for which objectives may be indicated in Development Plan
Part I
(Repealed)
Location and Pattern of Development
Part II
(Repealed)
Control of Areas and Structures
Part III
(Repealed)
Community Facilities
Part IV
(Repealed)
Environment and Amenities
Part V
(Repealed)
Infrastructure and Transport
SECOND SCHEDULE
Rules for the Determination of the Amount of Compensation
THIRD SCHEDULE
Development in Respect of which a Refusal of Permission will not Attract Compensation
FOURTH SCHEDULE
Reasons for the Refusal of Permission which Exclude Compensation
FIFTH SCHEDULE
Conditions which May be Imposed, on the Granting of Permission to Develop Land, without
Compensation
SIXTH SCHEDULE
Enactments Repealed
SEVENTH SCHEDULE
Infrastructure Developments for the purposes of sections 37A and 37B
EIGHTH SCHEDULE
Classes of Development specified for purposes of Chapter III of Part XXI
NINTH SCHEDULE
Part I
Relevant provisions for purposes of section 309
Part II
Relevant provisions for purposes of section 312
Part III
Relevant provisions for purposes of section 313
Acts Referred to
Acquisition of Land (Assessment of Compensation) Act, 1919
9 & 10 Geo. c. 5
Air Pollution Act, 1987
1987, No. 6
Capital Acquisitions Tax Act, 1976
1976, No. 8
Casual Trading Act, 1995
1995, No. 19
City and County Management (Amendment) Act, 1955
1955, No. 12
Civil Service Regulation Act, 1956
1956, No. 46
Companies Act, 1963
1963, No. 33
Companies Act, 1990
1990, No. 33
Companies Acts, 1963 to 1999
County Management Acts, 1940 to 1994
Derelict Sites Act, 1990
1990, No. 14
Dublin Docklands Development Authority Act, 1997
1997, No. 7
Environmental Protection Agency Act, 1992
1992, No. 7
Ethics in Public Office Act, 1995
1995, No. 22
European Communities Act, 1972
1972, No. 27
European Parliament Elections Act, 1997
1997, No. 2
Foreshore Act, 1933
1933, No. 12
Foreshore Acts, 1933 to 1998
Freedom of Information Act, 1997
1997, No. 13
Harbours Act, 1946
1946, No. 9
Health Act, 1970
1970, No. 1
Holidays (Employees) Act, 1973
1973, No. 25
Housing Act, 1966
1966, No. 21
Housing Act, 1988
1988, No. 28
Housing Acts, 1966 to 1998
Housing (Miscellaneous Provisions) Act, 1992
1992, No. 18
Housing of the Working Classes Act, 1890
53 & 54 Vict. c. 70
Housing (Traveller Accommodation) Act, 1998
1998, No. 33
Land Reclamation Act, 1949
1949, No. 25
Landlord and Tenant Acts, 1967 to 1994
Lands Clauses Consolidation Act, 1845
8 Vict. c. 18
Local Authorities (Officers and Employees) Act, 1926
1926, No. 39
Local Government Act, 1925
1925, No. 5
Local Government Act, 1941
1941, No. 23
Local Government Act, 1946
1946, No. 24
Local Government Act, 1955
1955, No. 9
Local Government Act, 1991
1991, No. 11
Local Government Act, 1994
1994, No. 8
Local Government (Ireland) Act, 1898
61 & 62 Vict. c. 37
Local Government (No. 2) Act, 1960
1960, No. 40
Local Government (Planning and Development) Act, 1963
1963, No. 28
Local Government (Planning and Development) Act, 1976
1976, No. 20
Local Government (Planning and Development) Act, 1982
1982, No. 21
Local Government (Planning and Development) Act, 1983
1983, No. 28
Local Government (Planning and Development) Act, 1990
1990, No. 11
Local Government (Planning and Development) Act, 1992
1992, No. 14
Local Government (Planning and Development) Act, 1993
1993, No. 12
Local Government (Planning and Development) Act, 1998
1998, No. 9
Local Government (Planning and Development) Act, 1999
1999, No. 17
Local Government (Planning and Development) Acts, 1963 to 1999
Local Government (Sanitary Services) Act, 1962
1962, No. 26
Local Government (Sanitary Services) Act, 1964
1964, No. 29
Local Government (Sanitary Services) Act, 1878 to 1995
Local Government (Water Pollution) Act, 1977
1977, No. 1
Mines and Quarries Act, 1965
1965, No. 7
Ministers and Secretaries (Amendment) Act, 1956
1956, No. 21
National Monuments Acts, 1930 to 1994
National Monuments (Amendment) Act, 1987
1987, No. 17
Petty Sessions (Ireland) Act, 1851
14 & 15 Vict. c. 93
Property Values (Arbitration and Appeals) Act, 1960
1960, No. 45
Public Health (Ireland) Act, 1878
41 & 42 Vict. c. 52
Registration of Title Act, 1964
1964, No. 16
Roads Act, 1993
1993, No. 14
Roads Acts, 1993 and 1998
Roads (Amendment) Act, 1998
1998, No. 23
State Property Act, 1954
1954, No. 25
Town and Regional Planning Act, 1934
1934, No. 22
Urban Renewal Act, 1998
1998, No. 27
Vocational Education Act, 1930
1930, No. 29
Waste Management Act, 1996
1996, No. 10
Water Supplies Act, 1942
1942, No. 1
Waterworks Clauses Act, 1847
10 & 11 Vict. c. 17
Wildlife Act, 1976
1976, No. 39
Number
30
of
2000
PLANNING AND DEVELOPMENT ACT 2000
REVISED
Updated to 26 May 2026
AN ACT TO REVISE AND CONSOLIDATE THE LAW RELATING TO PLANNING AND DEVELOPMENT BY REPEALING
AND RE-ENACTING WITH AMENDMENTS THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACTS,
1963 TO 1999; TO PROVIDE, IN THE INTERESTS OF THE COMMON GOOD, FOR PROPER PLANNING
AND SUSTAINABLE DEVELOPMENT INCLUDING THE PROVISION OF HOUSING; TO PROVIDE FOR THE
LICENSING OF EVENTS AND CONTROL OF FUNFAIRS; TO AMEND THE ENVIRONMENTAL PROTECTION
AGENCY ACT, 1992, THE ROADS ACT, 1993, THE WASTE MANAGEMENT ACT, 1996, AND CERTAIN
OTHER ENACTMENTS; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH. [28
th August
, 2000]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Amendments
F1
Act repealed by
Planning and
Development Act 2024
(34/2024), s. 6, not fully commenced as of date
of revision, subject to transitional provisions in ss. 9(9), 12, 14, 16,
21(6), 25(8), (9), 27, 41, 68, 69, 81, 90(10), 92, 94, 96, 116(10), 119,
129(6), (7), 133(10), 136, 137, 140, 159, 162-166, 185-188, 241, 254, 257,
263, 266(13), 269(10) 271-273, 274(4), 275(12), 276(13), 306(5), 308(8),
310(14), (15), 329, 339(10), 344, 345, 382(10), (11), 407(4), 421, 476(1),
493, 504(7), 508(3), 523(11), 528(9), 529, 530(5), 532-535, 537, 538, 550,
556, 557, 559, 567(5), 568(4), 569(2), 579, 584(22)(b), 584(21)-(23),
585(13), 590, 592, 593(11), 625-630, 632.
Modifications (not altering text)
C1
References construed during
transitional period (2.10.2025) by
Planning and Development (Amendment)
Act 2025
(9/2025), s. 35 (other than subs. (1)(b)(v)), S.I. No. 453
of 2025.
Construction of
references in Act of 2000
35.
(1) An unrepealed provision and
any instrument under an unrepealed provision shall—
(a) on and after the coming
into operation of the repeal of Part II of the Act of 2000 by section 6 of
the Principal Act, and
(b) pending the coming into
operation of the repeal of the said provision under subsection (3) of
section 1 of the Principal Act,
apply subject to the
following modifications
(i) references in that
unrepealed provision or instrument to the National Planning Framework shall
be construed as references to the National Planning Framework within the
meaning of the Principal Act;
(ii) references in that
unrepealed provision or instrument to guidelines under section 28 of the Act
of 2000 shall be construed as including references to National Planning
Policy Guidance within the meaning of the Principal Act;
(iii) references in that
unrepealed provision or instrument to specific planning policy requirements
shall be construed as references to National Planning Policies and Measures
within the meaning of the Principal Act;
(iv) references in that
unrepealed provision or instrument to a regional spatial and economic
strategy shall be construed as including references to a regional spatial
and economic strategy within the meaning of the Principal Act;
(v) references in that
unrepealed provision or instrument to a development plan shall be construed
as including references to a development plan within the meaning of the
Principal Act.
(2) In this section
“unrepealed provision” means a provision of the Act of 2000, the repeal of
which by section 6 of the Principal Act has not, for the time being, come
into operation.
C2
Prospective affecting provision: Act
repealed by
Planning and Development Act 2024
(34/2024), s. 6, not
fully commenced as of date of revision, subject to transitional provisions
in ss. 9(9), 12, 14, 16, 21(6), 25(8), (9), 27, 41, 68, 69, 81, 90(10), 92,
94, 96, 116(10), 119, 129(6), (7), 133(10), 136, 137, 140, 159, 162-166,
185-188, 241, 254, 257, 263, 266(13), 269(10) 271-273, 274(4), 275(12),
276(13), 306(5), 308(8), 310(14), (15), 329, 339(10), 344, 345, 382(10),
(11), 407(4), 421, 476(1), 493, 504(7), 508(3), 523(11), 528(9), 529,
530(5), 532-535, 537, 538, 550, 556, 557, 559, 567(5), 568(4), 569(2), 579,
584(22)(b), 584(21)-(23), 585(13), 590, 592, 593(11), 625-630, 632.
F1
[
…
]
C3
Prospective affecting provision: transitional arrangements on repeal made by
Planning and Development Act 2024
(34/2024), s. 269(10), not
commenced as of date of revision.
Creation of public rights of way compulsorily
269.—
…
(10) A public right of way created under an enactment repealed by this Act or by the
Act of 2000 that was in force immediately before the commencement of this section
shall be deemed to have been created under this section.
C4
Prospective affecting provision: transitional arrangements on repeal made, vesting
of
certain functions in An Coimisiún Pleanála affirmed and references construed
by
Planning and Development Act 2024
(34/2024), ss. 410, 423, not
commenced as of date of revision.
Continuance of vesting of certain functions
410.
—(1) It is hereby declared that all the functions that, immediately before the repeal
of Part XIV of the Act of 2000 by
section 6
, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections
214, 215, 215A, 215B and 215C of that Act, namely—
(
a
) the functions conferred on the Minister of the Government concerned in relation
to the compulsory acquisition of land by a local authority under the following enactments
(i) the Public Health (Ireland) Act 1878;
(ii) the Local Government (Ireland) Act 1898;
(iii) the Local Government Act 1925;
(iv) the Water Supplies Act 1942;
(v) the Local Government (No. 2) Act 1960;
(vi) the Local Government (Sanitary Services) Act 1964;
(vii) the Act of 1966;
(viii) the Derelict Sites Act 1990;
(ix) the Roads Acts 1993 and 1998;
(x) the Dublin Docklands Development Authority Act 1997,
(
b
) the functions of the Minister of the Government concerned in relation to a scheme
or proposed road development under sections 49, 50 and 51 of the Act of 1993,
(
c
) the functions of—
(i) any Minister of the Government, or
(ii) the Commission for Energy Regulation,
under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation
to the compulsory acquisition of land in respect of a strategic gas infrastructure
development,
(
d
) the functions of the Minister of the Government concerned under section 17 of, and
the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation
to the compulsory acquisition of land for the purposes set out in section 18 of that
Act, and
(
e
) the functions of the Minister of the Government concerned under section 16 of, and
the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition
of land for the purposes set out in that section,
shall, on and after that repeal, continue to vest in the Commission and the enactments
referred to in
paragraphs (a)
to
(e)
shall, with all necessary modifications, be construed accordingly.
(2) A reference in an enactment that, immediately before the repeal of Part XIV of
the Act of 2000 by
section 6
, was to be construed as a reference to An Bord Pleanála by virtue of section 214,
215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed
as a reference to the Commission.
(3) In this section “local authority” includes the Dublin Docklands Authority.
...
Continuance of vesting of certain functions
423.
(1) It is hereby declared that all the functions that, immediately before the repeal
of Part XIV of the Act of 2000 by
section 6
, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections
214, 215, 215A, 215B and 215C of that Act, namely—
(
a
) the functions conferred on the Minister of the Government concerned in relation
to the compulsory acquisition of a maritime site by a local authority under the following
enactments
(i) the Public Health (Ireland) Act 1878;
(ii) the Local Government (Ireland) Act 1898;
(iii) the Local Government Act 1925;
(iv) the Water Supplies Act 1942;
(v) the Local Government (No. 2) Act 1960;
(vi) the Local Government (Sanitary Services) Act 1964;
(vii) the Act of 1966;
(viii) the Derelict Sites Act 1990;
(ix) the Roads Acts 1993 and 1998;
(x) the Dublin Docklands Development Authority Act 1997,
(
b
) the functions of the Minister of the Government concerned in relation to a scheme
or proposed road development under sections 49, 50 and 51 of the Act of 1993,
(
c
) the functions of—
(i) any Minister of the Government, or
(ii) the Commission for Energy Regulation,
under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation
to the compulsory acquisition of a maritime site in respect of a strategic gas infrastructure
development,
(
d
) the functions of the Minister of the Government concerned under section 17 of, and
the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation
to the compulsory acquisition of a maritime site for the purposes set out in section
18 of that Act, and
(
e
) the functions of the Minister of the Government concerned under section 16 of, and
the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition
of a maritime site for the purposes set out in that section,
shall, on and after that repeal, continue to vest in the Commission and the enactments
referred to in
paragraphs (a)
to
(e)
shall, with all necessary modifications, be construed accordingly.
(2) A reference in an enactment that, immediately before the repeal of Part XIV of
the Act of 2000 by
section 6
, was to be construed as a reference to An Bord Pleanála by virtue of section 214,
215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed
as a reference to the Commission.
(3) In this section “local authority” includes the Dublin Docklands Authority.
C5
Prospective affecting provision: transitional arrangements on repeal made by
Planning and Development Act 2024
(34/2024), ss. 626, not
commenced as of date of revision.
Continued application of Act of 2000 for certain purposes
626.
—Notwithstanding the repeal of any provision of the Act of 2000 effected by
section 6
, that Act shall, subject to
Part 17
, continue to apply and have effect in relation to—
(
a
) an application for permission under Part III of that Act made before the repeal
of the provision concerned,
(
b
) an application to the High Court under subsection (6) of section 35 of the Act of
2000 made before the repeal of the provision concerned,
(
c
) an application under subsection (1) of section 42 of the Act of 2000 made before
the repeal of the provision concerned,
(
d
) a notice served, or an appeal brought, under section 44 or 46 of the Act of 2000
made before the repeal of the provision concerned, and
(
e
) an appeal under section 37, or paragraph (b) of subsection (10) of section 48, of
the Act of 2000 brought before the repeal of the provision concerned.
C6
Statutory instruments under Act continued in force on repeal as
provided (18.06.2025) by
Planning and Development Act 2024
(34/2024),
ss. 627, S.I. No. 256 of 2025, art 3(1) and sch. part 1 item 1.
Continuance in operation of statutory instruments made under Act
of 2000
627.
—(1) Save where otherwise provided for by this
Act, a statutory instrument in force immediately before the repeal by
section 6
of the provision of the Act of 2000 under which it was
made shall continue in force on and after that repeal as if made under such
provision of this Act as, in substance, confers a power to make a statutory
instrument in the same or similar terms as the first-mentioned statutory
instrument, and may be amended or revoked accordingly.
(2) In this section
“statutory instrument” has the meaning assigned to it by the Interpretation
Act 2005.
C7
Validity of acts done prior to repeal of Act preserved (16.08.2025)
by
Planning and Development Act 2024
(34/2024), s. 625, S.I. No. 256
of 2025, art. 3(1) and sch. part 1 item 1.
Validity of acts done
under Act of 2000
625.
—This Act shall
not affect the validity of anything done under a provision of the Act of
2000 before the repeal of that provision by
section 6
.
C8
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach",
"chief executive" and "deputy chief executive" construed (16.05.2024) by
Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions (other than functions conferred by or under an enactment specified
in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified
in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief
executive of Limerick City and County Council shall, on and after that day, vest in
the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified
in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies
to the Cathaoirleach of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified
in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies
to the chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
...
Functions of Príomh Chomhairleoir
23.
(1) All functions conferred by or under an enactment specified in Part 1 of Schedule
1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick
City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule
1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir,
as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25.
(1) All functions conferred by or under any enactment that, immediately before the
vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council
shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall,
in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and
County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or
as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
Director general
26.
(1) The chief executive of Limerick City and County Council shall, on and after the
vesting day, be known as the director general of Limerick City and County Council
and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of
Limerick City and County Council shall, on and after that day, continue in office
and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2
of Schedule 1 to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference to
the director general, or as including a reference to the director general, as the
context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
...
Deputy director general
28.
(1) On and after the vesting day, a deputy chief executive appointed by the director
general under section 148 of the Principal Act shall be known as the deputy director
general of Limerick City and County Council and is, in this Act, referred to as the
“deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive
of Limerick City and County Council shall, on and after that day, continue in office
and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive
shall, in so far as the reference applies to the deputy chief executive of Limerick
City and County Council, be construed as a reference to the deputy director general,
or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
Number and Year
(1)
Provision
(2)
Extent of Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36,
37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f),
143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a),
219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e),
13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.
PART 2
Enactments for Purposes of Sections 10 and 26
Number and Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 30 of 2000
Planning and Development Act 2000
Sections 5, 7, 8, 18(3), 22, 31I(3), 31AI(4), 31AW(2), 57, 59, 60, 61, 69, 70, 71
to 79, 82, 83, 87, 88, 89, 90, 96, 96B, 97, 101, 147, 148, 170, 178, 178A, 179A, 180,
182, 206, 208, 209, 216, 217, 217B, 219, 247, 248, 249, 252, 254, 261 and 261A; Part
III; Chapters III and IV of Part VI; Parts VIII, X, XA, XII, XVI, XVII and XXI.
...
...
...
C9
Application of Act other than ss. 50, 50A, and 50B restricted (23.05.2023) by
European Union (Planning and Development) (Development for Accommodation of Displaced
Persons) Regulations 2023
(S.I. No. 251 of 2023).
3. The Act of 2000, other than sections 50, 50A, and 50B, shall not apply to the
development described in the Schedule proposed to be carried out, for the purposes
of providing accommodation to displaced persons, on behalf of the Minister for Children,
Equality, Disability, Integration and Youth.
SCHEDULE
Part 1
Site: Columb Barracks
Address: Ashe Road, Mullingar, Co. Westmeath.
...
C10
Application of Act restricted (11.11.2022) by
Development (Emergency Electricity Generation) Act 2022
(35/2022), s. 3, S.I. No. 564 of 2022.
Disapplication of Planning and Development Act 2000 to designated development
3. None of the provisions of the Planning and Development Act 2000 shall apply to
the designated development.
C11
Application of Act restricted (23.06.2022) by
European Union (Planning and Development) (Displaced Persons From Ukraine Temporary
Protection) Regulations 2022
(S.I. No. 306 of 2022), reg. 3 and sch.
3. (1) The Act of 2000 (other than sections 181A to 181C) shall not apply to the
classes of development specified in the Schedule carried out by, or on behalf of,
a State authority during the relevant period for the purposes of providing temporary
protection to displaced persons.
(2) A reference to “proposed development” in sections 181A to 181C of the Act of 2000
shall include a reference to development of a class specified in the Schedule to which
section 181A(1) of the Act of 2000 would apply if it was development of a class specified
in regulations made under section 181(1)(a) of the Act of 2000.
SCHEDULE
Article 3
1. Reception and integration facilities.
2. Residential accommodation, including ancillary recreational and sporting facilities.
3. Medical and other health and social care accommodation.
4. Education and childcare facilities, including ancillary recreational and sporting
facilities.
5. Emergency management coordination facilities.
6. Structures or facilities ancillary to development referred to in paragraphs 1 to
5, including administration and storage facilities.
7. Infrastructure and other works ancillary to development referred to in paragraphs
1 to 6.
C12
Application of Act extended (1.09.2019) by
Aircraft Noise (Dublin Airport) Regulation Act 2019
(12/2019), s. 20(2), S.I. No. 403 of 2019.
Noise insulation scheme
20.
...
(2) Subject to subsection (3), on and after the relevant day, a scheme shall be deemed
to be a noise mitigation measure introduced by the competent authority and the provisions
of this Act and the Act of 2000 shall, with all necessary modifications, apply to
the scheme accordingly.
(3) On and after the relevant day, the competent authority shall ensure that the scheme
applies to all homes located within the relevant noise contours.
C13
Certain functions transferred to Cork City Council as a result of the Cork City and
Council areas boundary alteration (31.01.2019) by
Local Government Act 2019
(1/2019), s. 31, S.I. No. 20 of 2019.
Planning applications and development contribution schemes
31.
(1) For the purposes of the Act of 2000 or any instrument under that Act and subject
to subsection (2), the county council shall, after the transfer day, be the planning
authority in relation to any planning application made before the transfer day in
respect of development or proposed development in the relevant area.
(2) (
a
) Subject to paragraph (b), the functions of a planning authority under the Act of
2000 shall, as respects—
(i) a decision under section 34 of that Act, or
(ii) a determination under section 37 of that Act,
made before the transfer day in relation to development or proposed development in
the relevant area, be performable from that day by the city council.
(3) Any contribution—
(
a
) paid before the transfer day in accordance with section 49 of the Act of 2000 for
the purpose of any public infrastructure service or project in the relevant area,
and
(
b
) vested in the city council under Part 2,
shall be expended by the city council for that purpose.
(4) Any development contribution scheme under section 48 of the Act of 2000 or supplementary
development contribution scheme under section 49 of that Act made by the city council
shall, from the transfer day, apply to the relevant area as it applies to the rest
of the functional area of the city council.
...
C14
Application of collectively cited
Planning and Development Acts 2000 to 2016
restricted (3.07.2017) by
Planning and Development (Housing) and Residential Tenancies Act 2016
(17/2016), s. 4(1), S.I. No. 270 of 2017.
Strategic housing developments and planning applications
4.
(1) Subject to
subsection (4)
, during the specified period and notwithstanding anything to the contrary contained
in any other provision of the
Planning and Development Acts 2000
to
2016
—
(
a
) an application for permission for a strategic housing development shall—
(i) be made to the Board under this section and not to a planning authority, other
than an application for permission, the purpose of which is as set out in section
34(3A) of the Act of 2000,
(ii) be so made only where
section 6
(7)(b)
applies or, in the case that a request is made under
section 7
(1)
, when the Board has complied with the request pursuant to
section 7
(2)
,
(iii) be so made only where the applicant for permission has fulfilled the requirements
set out in
section 8
,
(iv) be in such form and contain such information as is prescribed, and
(v) be accompanied by the appropriate fee,
and
(
b
) a copy of the application, shall be sent by the applicant to the planning authority
or authorities in whose area or areas the proposed strategic housing development would
be situated.
...
C15
Certain functions of Board restricted (3.07.2017) by
Planning and Development (Housing) and Residential Tenancies Act 2016
(17/2016), s. 11(3), S.I. No. 270 of 2017.
Strategic Housing Division
11.
...
(3) The Strategic Housing Division shall, subject to
subsections (8)
,
(9)
and
(10)
, determine any matter falling to be determined by the Board under the
Planning and Development Acts 2000 to 2016
in relation to strategic housing development other than development to which
section 4 (4)
relates.
...
C16
Act applied with modifications (8.02.2016) by
Dublin Transport Authority Act 2008
(15/2008), s. 44(6)(iii), as substituted by
Public Transport Act 2016
(3/2016), s. 1(b)(iii), commenced on enactment.
Functions of Authority in relation to public transport infrastructure
44.
—...
[(6) Where —
(
a
) a decision is made by the Authority under subsection (2)(b) or (5)(a) for the performance
of a particular function otherwise than through a public transport authority or statutory
body, or
(
b
) the Authority is performing its function of securing the provision of public transport
infrastructure in accordance with subsection (2)(e),
the following provisions have effect —
(i) the Authority shall be empowered (notwithstanding any other enactment) to perform
the function, including the acquisition of land for that purpose, and to do any other
thing which arises out of or is consequential on or is necessary for the purposes
of or would facilitate the performance of the function,
(ii) for the purpose of paragraph (a) or (b), land may be acquired by agreement or
by means of a compulsory purchase order made by the Authority in accordance with Part
XIV of the Act of 2000,
(iii) the provisions of any enactment concerned apply in relation to the performance
of the function subject to such modifications as may be necessary and as if the Authority
was named in such enactment in each place where a public transport authority or other
statutory body entitled to exercise the function is named, and
...]
C17
Functions to be performed by municipal district members and local authorities prescribed
(1.06.2014) by
Local Government Act 2001
(37/2001), ss. 131, 131A and sch. 14A parts 1-3, as inserted by
Local Government Reform Act 2014
(1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.
SCHEDULE 14A
Section 131 and 131A
PART 1
Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District
Members
Reference No.
(1)
Description of reserved function
(2)
Provision under which reserved function is conferred
(3)
...
...
...
30
Making, or refusing to make, or revocation or amendment of, a tree preservation order.
Section 205 of the Act of 2000.
...
...
...
PART 2
Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a
Municipal District by Municipal District Members or the Local Authority
Reference No.
(1)
Description of reserved function
(2)
Provision under which reserved function is conferred
(3)
...
...
...
11
Approving a proposal of the chief executive to grant permission for the development
of land which would contravene materially the development plan or local area plan.
Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the
Act of 2000.
12
A decision in relation to the making, amendment or revocation of a local area plan
within the meaning of the Act of 2000.
Section 20 (as amended by section 9 of the Planning and Development (Amendment) Act
2002 and section 13 of the Planning and Development (Amendment) Act 2010 ) of the
Act of 2000.
13
The making of an addition to, or a deletion from, a record of protected structures
to which Part IV of the Act of 2000 relates.
Section 54 of the Act of 2000.
14
Approving, amending or revoking a special planning control scheme.
Section 85 and 86 of the Act of 2000.
15
Deciding to vary or modify a proposed local authority own development, or deciding
not to proceed with the development.
Section 179 of the Act of 2000.
16
Making, or refusing to make an order creating a public right of way over any land.
Section 207 of the Act of 2000.
17
Deciding to vary or modify, or not to proceed with, an event proposed to be carried
out by a local authority.
Section 238 of the Act of 2000.
...
...
...
PART 3
Reserved Functions to be Performed by the Local Authority
Reference No.
(1)
Description of reserved function
(2)
Provision under which reserved function is conferred
(3)
...
...
...
32
Making an order to declare an area to be an area of special amenity.
Section 202 of the Act of 2000.
33
Making, or refusing to make, or revocation or amendment of, an order designating any
area or place as a landscape conservation area.
Section 204 of the Act of 2000.
...
...
...
52
The making and amending of a scheme which determines the order of priority for allocation
of affordable houses provided under Part V of the Planning and Development Act 2000
.
Section 98 of the Act of 2000.
...
...
...
69
The making of a development plan and making or refusing to make a variation of a development
plan which for the time being is in force.
Sections 9, 12 and 13 of the Act of 2000.
70
The revocation or modification of a permission to develop land if the development
to which the permission relates no longer conforms with the provisions of the development
plan.
Section 44 of the Act of 2000.
71
Making a development contribution scheme.
Section 48 of the Act of 2000.
72
Making or amending a supplementary development contribution scheme.
Section 49 of the Act of 2000.
73
Deciding to make, subject to variations and modifications, or deciding not to make
a draft planning scheme for strategic development zones.
Section 169 (as amended by section 51 of the Planning and Development (Amendment)
Act 2010 ) of the Act of 2000.
74
Amending or revoking a planning scheme for strategic development zones.
Section 171 of the Act of 2000.
75
Adoption by a planning authority of a code of conduct for dealing with conflicts of
interest and promoting public confidence in the integrity of the conduct of its business.
Section 150 of the Act of 2000.
76
Making or terminating of an agreement by two or more planning authorities for sharing
the cost of performing functions under the Planning and Development Act 2000 .
Section 244 of the Act of 2000.
...
...
...
C18
References to a “sanitary authority” construed as “Irish Water” (1.01.2014) by
Water Services (No. 2) Act 2013
(50/2013), ss. 6, 7(4), S.I. No. 575 of 2013.
Transfer day
6.
— The Minister shall, by order, appoint a day to be the transfer day for the purposes
of this Act.
Transfer of functions from water service authorities to Irish Water
7.
— ...
(4) References to a sanitary authority in any enactment or instrument under any enactment
shall, on and after the transfer day, in so far as they relate to any function transferred
by subsection (3), be construed as references to Irish Water.
...
C19
References to “county council”, “city council”, “town council” and “regional assemblies” construed (1.06.2014) by
Local Government Reform Act 2014
(1/2014), ss. 9(2), 25(2) and 62(2), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9.
— ...
(2) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(
a
) to a county council or a city council (including a reference construed by section
3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or
to a city council, as the case may be) shall, if the context permits, be read as a
reference to a county council, a city council or a city and county council, and
(
b
) to a county council and a city council (including a reference so construed) shall,
if the context permits, be read as a reference to a county council, a city council
and a city and county council.
...
Dissolution of town councils — consequential provisions
25.
— ...
(2) A function of a town council (including a reference construed by section 3(2)
of, and Schedule 2 to, the Principal Act as a reference to a town council and whether
of general application to town councils or otherwise under an enactment) that—
(
a
) has not been repealed or otherwise provided for by this Act, or
(
b
) is neither spent nor obsolete,
shall, if the context permits in respect of one or more than one town council concerned,
be read as a reference to a function of the local authority in whose administrative
area the town council so dissolved is situated.
...
Regional assemblies
62.
— ...
(2) The bodies established by the
Local Government Act 1991
(Regional Authorities) (Establishment) Order 1999 (
S.I. No. 226 of 1999
) which are subsisting at the commencement of this section shall upon such commencement
continue in being until dissolved or replaced under a provision of an establishment
order and be known or continue to be known, as the case may be, as regional assemblies
and accordingly—
(
a
) subject to paragraph (b) that order shall continue to apply to each of them as it
applied before such commencement and that order may be amended or revoked under this
section,
(
b
) references in any enactment to regional authorities within the meaning of section
43 (as amended by this Act) of the
Local Government Act 1991
shall, where the context admits, be read as references to regional assemblies,
...
C20
Application of Act extended (29.03.2013) by
Water Services Act 2013
(6/2013), s. 21(2), S.I. No. 108 of 2013.
Installation of pipes.
21.
— ...
(2) For the avoidance of doubt, the provisions of the Planning and Development Act
2000 shall apply to a metering authority as, by virtue of subsection (12) of section
41 of the Act of 2007, they apply to a water services authority.
C21
Provision made as to costs of proceedings under Act (23.08.2011) by
Environment (Miscellaneous Provisions) Act 2011
(20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011, art. 2(a).
Costs of proceedings to be borne by each party in certain circumstances.
3.
— (1) Notwithstanding anything contained in any other enactment or in— ...
and subject to
subsections (2)
,
(3)
and
(4)
, in proceedings to which this section applies, each party (including any notice party)
shall bear its own costs.
(2) The costs of the proceedings, or a portion of such costs, as are appropriate,
may be awarded to the applicant, or as the case may be, the plaintiff, to the extent
that he or she succeeds in obtaining relief and any of those costs shall be borne
by the respondent, or as the case may be, defendant or any notice party, to the extent
that the acts or omissions of the respondent, or as the case may be, defendant or
any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining
relief.
(3) A court may award costs against a party in proceedings to which this section applies
if the court considers it appropriate to do so—
(
a
) where the court considers that a claim or counter-claim by the party is frivolous
or vexatious,
(
b
) by reason of the manner in which the party has conducted the proceedings, or
(
c
) where the party is in contempt of the court.
(4)
Subsection (1)
does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public
importance and where in the special circumstances of the case it is in the interests
of justice to do so.
(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section
applies, a reference to the District Court, the Circuit Court, the High Court or the
Supreme Court, as may be appropriate.
C22
Application of Act restricted (24.12.2006) by
Energy (Miscellaneous Provisions) Act 2006
(40/2006), s. 22(4), (5) and (6), commenced on enactment.
Certain development approvals under Part XI of Planning and Development Act 2000.
22.
— ...
(4) Nothing in section 182C or any other provision of the Act of 2000 shall be read
as meaning that, notwithstanding the permission granted under section 34 of the Act
of 2000 in respect of that terminal before such commencement, a permission—
(
a
) under section 34 or 37G of the Act of 2000, and
(
b
) granted after the commencement of the amendments of that Act made by the Act of
2006,
is required, either in circumstances generally or in the circumstances referred to
in subsection (5), in respect of the terminal referred to in
subsection (6)
.
(5) The circumstances mentioned in
subsection (4)
are that an application is made under section 182C in relation to a development which,
if it is carried out, will consist of the alteration or modification of the terms
of the strategic gas infrastructure development referred to in
subsection (6)
other than the terms of that development that comprise the terminal referred to in
that subsection.
(6) The terminal mentioned in
subsections (4)
and
(5)
is a terminal comprised in a strategic gas infrastructure development (within the
meaning of the Act of 2000) the pipeline comprised in which development has been the
subject of a consent referred to in
subsection (3)(iii)(I)
.
C23
Application of Act restricted by
Environmental Protection Agency Act 1992
(7/1992), s. 99F(1) as substituted (12.07.2004) by
Protection of the Environment Act 2003
(27/2003), s. 15, S.I. No. 393 of 2004.
[Application of other Acts.
99F.
—(1) Notwithstanding section 34 of the Act of 2000, or any other provision of that
Act, where a licence or revised licence under this Part has been granted or is or
will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 of that Act
in respect of any development comprising or for the purposes of the activity, subject
the permission to conditions which are for the purposes of—
(
a
) controlling emissions from the operation of the activity, including the prevention,
elimination, limitation, abatement, or reduction of those emissions, or
(
b
) controlling emissions related to or following the cessation of the operation of
the activity.
...
]
C24
Powers and functions in relation to Act transferred (10.07.2002) by
Heritage (Transfer of Departmental Administration and Ministerial Functions) Order
2002
(S.I. No. 356 of 2002), arts. 3, 4(1) and sch. part 1.
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are transferred
to the Department of the Environment and Local Government.
(2) References to the Department of Community, Rural and Gaeltacht Affairs contained
in any Act or instrument made thereunder and relating to any administration and business
transferred by paragraph (1) of this Article shall, on and after the commencement
of this Order, be construed as references to the Department of the Environment and
Local Government.
4. (1) The functions vested in the Minister for Community, Rural and Gaeltacht Affairs
—
(
a
) by or under any of the instruments or the provisions of the enactments mentioned
in Part 1 of the Schedule to this Order,
(
b
) under the Regulations mentioned in Part 2 of that Schedule, and ...
are transferred to the Minister for the Environment and Local Government.
...
Schedule Part 1
Enactments and provisions of enactments, functions under which are
transferred from the Minister for Community, Rural and Gaeltacht Affairs to
the Minister for the Environment and Local Government
...
Planning and Development Act 2000 (No. 30 of 2000) (in so far as it relates to or
refers to the Minister for Community, Rural and Gaeltacht Affairs (except section
33 (3)(c)))
...
Part 2
Regulations, functions under which are transferred from the Minister for Community,
Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government
Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) (in so far as they
relate to or refer to the Minister for Community, Rural and Gaeltacht Affairs (except
Article 28 (1)(n) Article 82 (3)(m), Article 121 (1)(m) and Article 179 (2)(p)))
...
C25
Application of Act restricted (23.12.2001) by
Transport (Railway Infrastructure) Act 2001
(55/2001), s. 39(4), commenced on enactment, as substituted (1.01.2007) by
Planning and Development (Strategic Infrastructure) Act 2006
(27/2006), s. 49(b), S.I. No. 684 of 2006.
[Environmental impact statement.
39.
— ...
(4) The European Communities (Environmental Impact Assessment) Regulations 1989 to
2005 and the Act of 2000 and any regulation made thereunder in relation to environmental
impact assessment shall not apply to anything done under an order made under this
Act.
]
Editorial Notes
E1
Act designated a relevant enactment for purposes of calculation of emergency periods
in relation to specified periods in Act and power to make emergency period orders
provided (19.12.2020) by
Planning and Development, and Residential Tenancies, Act 2020
(27/2020), s. 5(9)(c), commenced on enactment.
E2
Functions of Board under collectively cited
Planning and Development Acts 2000 to 2016
in relation to certain developments assigned to Strategic Housing Division (3.07.2018)
by
Planning and Development (Housing) and Residential Tenancies Act 2016
(17/2016), s. 11(3), (8), (9) and (10), S.I. No. 270 of 2017.
E3
Conditions, restrictions and other procedures in relation to the performance of reserved
function by municipal district members forming part of an elected council provided
(1.06.2014) by
Local Government (Performance of Reserved Functions in Respect of Municipal District
Members) Regulations 2014
(S.I. No. 231 of 2014).
E4
Provision made to ensure measures are taken to secure appropriate provision for the
management of waste by planning authorities and An Bord Pleanála in performing their functions under collectively cited
Planning and Development Acts 2000 to 2002
by
Waste Management Act 1996
(10/1996), s. 10D as inserted (12.07.2004) by
Protection of the Environment Act 2003
(27/2003), s. 26, S.I. No. 393 of 2004.
E5
Previous affecting provision: application of Act restricted (27.03.2020 to expiry
of relevant period 31.03.2022) by
Planning and Development Act 2000 (Section 181) Regulations 2020
(S.I. No. 93 of 2020);
Health (Preservation and Protection and other Emergency Measures in the Public Interest)
Act 2020
, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022)
by
Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021
(46/2021), s. 1(a), commenced as per s. 5(2).
E6
Previous affecting provision: functions under Act made subject to presumption of
corruption (9.07.2001) by
Prevention of Corruption (Amendment) Act 2001
(27/2001), s. 4(1) and (2)(c), commenced on enactment; repealed (30.07.2018) by
Criminal Justice (Corruption Offences) Act 2018
(9/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.
Annotations
Amendments
F1
Act repealed by
Planning and
Development Act 2024
(34/2024), s. 6, not fully commenced as of date
of revision, subject to transitional provisions in ss. 9(9), 12, 14, 16,
21(6), 25(8), (9), 27, 41, 68, 69, 81, 90(10), 92, 94, 96, 116(10), 119,
129(6), (7), 133(10), 136, 137, 140, 159, 162-166, 185-188, 241, 254, 257,
263, 266(13), 269(10) 271-273, 274(4), 275(12), 276(13), 306(5), 308(8),
310(14), (15), 329, 339(10), 344, 345, 382(10), (11), 407(4), 421, 476(1),
493, 504(7), 508(3), 523(11), 528(9), 529, 530(5), 532-535, 537, 538, 550,
556, 557, 559, 567(5), 568(4), 569(2), 579, 584(22)(b), 584(21)-(23),
585(13), 590, 592, 593(11), 625-630, 632.
Modifications (not altering text)
C1
References construed during
transitional period (2.10.2025) by
Planning and Development (Amendment)
Act 2025
(9/2025), s. 35 (other than subs. (1)(b)(v)), S.I. No. 453
of 2025.
Construction of
references in Act of 2000
35.
(1) An unrepealed provision and
any instrument under an unrepealed provision shall—
(a) on and after the coming
into operation of the repeal of Part II of the Act of 2000 by section 6 of
the Principal Act, and
(b) pending the coming into
operation of the repeal of the said provision under subsection (3) of
section 1 of the Principal Act,
apply subject to the
following modifications
(i) references in that
unrepealed provision or instrument to the National Planning Framework shall
be construed as references to the National Planning Framework within the
meaning of the Principal Act;
(ii) references in that
unrepealed provision or instrument to guidelines under section 28 of the Act
of 2000 shall be construed as including references to National Planning
Policy Guidance within the meaning of the Principal Act;
(iii) references in that
unrepealed provision or instrument to specific planning policy requirements
shall be construed as references to National Planning Policies and Measures
within the meaning of the Principal Act;
(iv) references in that
unrepealed provision or instrument to a regional spatial and economic
strategy shall be construed as including references to a regional spatial
and economic strategy within the meaning of the Principal Act;
(v) references in that
unrepealed provision or instrument to a development plan shall be construed
as including references to a development plan within the meaning of the
Principal Act.
(2) In this section
“unrepealed provision” means a provision of the Act of 2000, the repeal of
which by section 6 of the Principal Act has not, for the time being, come
into operation.
C2
Prospective affecting provision: Act
repealed by
Planning and Development Act 2024
(34/2024), s. 6, not
fully commenced as of date of revision, subject to transitional provisions
in ss. 9(9), 12, 14, 16, 21(6), 25(8), (9), 27, 41, 68, 69, 81, 90(10), 92,
94, 96, 116(10), 119, 129(6), (7), 133(10), 136, 137, 140, 159, 162-166,
185-188, 241, 254, 257, 263, 266(13), 269(10) 271-273, 274(4), 275(12),
276(13), 306(5), 308(8), 310(14), (15), 329, 339(10), 344, 345, 382(10),
(11), 407(4), 421, 476(1), 493, 504(7), 508(3), 523(11), 528(9), 529,
530(5), 532-535, 537, 538, 550, 556, 557, 559, 567(5), 568(4), 569(2), 579,
584(22)(b), 584(21)-(23), 585(13), 590, 592, 593(11), 625-630, 632.
F1
[
…
]
C3
Prospective affecting provision: transitional arrangements on repeal made by
Planning and Development Act 2024
(34/2024), s. 269(10), not
commenced as of date of revision.
Creation of public rights of way compulsorily
269.—
…
(10) A public right of way created under an enactment repealed by this Act or by the
Act of 2000 that was in force immediately before the commencement of this section
shall be deemed to have been created under this section.
C4
Prospective affecting provision: transitional arrangements on repeal made, vesting
of
certain functions in An Coimisiún Pleanála affirmed and references construed
by
Planning and Development Act 2024
(34/2024), ss. 410, 423, not
commenced as of date of revision.
Continuance of vesting of certain functions
410.
—(1) It is hereby declared that all the functions that, immediately before the repeal
of Part XIV of the Act of 2000 by
section 6
, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections
214, 215, 215A, 215B and 215C of that Act, namely—
(
a
) the functions conferred on the Minister of the Government concerned in relation
to the compulsory acquisition of land by a local authority under the following enactments
(i) the Public Health (Ireland) Act 1878;
(ii) the Local Government (Ireland) Act 1898;
(iii) the Local Government Act 1925;
(iv) the Water Supplies Act 1942;
(v) the Local Government (No. 2) Act 1960;
(vi) the Local Government (Sanitary Services) Act 1964;
(vii) the Act of 1966;
(viii) the Derelict Sites Act 1990;
(ix) the Roads Acts 1993 and 1998;
(x) the Dublin Docklands Development Authority Act 1997,
(
b
) the functions of the Minister of the Government concerned in relation to a scheme
or proposed road development under sections 49, 50 and 51 of the Act of 1993,
(
c
) the functions of—
(i) any Minister of the Government, or
(ii) the Commission for Energy Regulation,
under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation
to the compulsory acquisition of land in respect of a strategic gas infrastructure
development,
(
d
) the functions of the Minister of the Government concerned under section 17 of, and
the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation
to the compulsory acquisition of land for the purposes set out in section 18 of that
Act, and
(
e
) the functions of the Minister of the Government concerned under section 16 of, and
the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition
of land for the purposes set out in that section,
shall, on and after that repeal, continue to vest in the Commission and the enactments
referred to in
paragraphs (a)
to
(e)
shall, with all necessary modifications, be construed accordingly.
(2) A reference in an enactment that, immediately before the repeal of Part XIV of
the Act of 2000 by
section 6
, was to be construed as a reference to An Bord Pleanála by virtue of section 214,
215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed
as a reference to the Commission.
(3) In this section “local authority” includes the Dublin Docklands Authority.
...
Continuance of vesting of certain functions
423.
(1) It is hereby declared that all the functions that, immediately before the repeal
of Part XIV of the Act of 2000 by
section 6
, vested in the Commission (formerly known as An Bord Pleanála) by virtue of sections
214, 215, 215A, 215B and 215C of that Act, namely—
(
a
) the functions conferred on the Minister of the Government concerned in relation
to the compulsory acquisition of a maritime site by a local authority under the following
enactments
(i) the Public Health (Ireland) Act 1878;
(ii) the Local Government (Ireland) Act 1898;
(iii) the Local Government Act 1925;
(iv) the Water Supplies Act 1942;
(v) the Local Government (No. 2) Act 1960;
(vi) the Local Government (Sanitary Services) Act 1964;
(vii) the Act of 1966;
(viii) the Derelict Sites Act 1990;
(ix) the Roads Acts 1993 and 1998;
(x) the Dublin Docklands Development Authority Act 1997,
(
b
) the functions of the Minister of the Government concerned in relation to a scheme
or proposed road development under sections 49, 50 and 51 of the Act of 1993,
(
c
) the functions of—
(i) any Minister of the Government, or
(ii) the Commission for Energy Regulation,
under sections 31 and 32 of, and the Second Schedule to, the Gas Act 1976 in relation
to the compulsory acquisition of a maritime site in respect of a strategic gas infrastructure
development,
(
d
) the functions of the Minister of the Government concerned under section 17 of, and
the Second Schedule to, the Air Navigation and Transport (Amendment) Act 1998 in relation
to the compulsory acquisition of a maritime site for the purposes set out in section
18 of that Act, and
(
e
) the functions of the Minister of the Government concerned under section 16 of, and
the Fourth Schedule to, the Harbours Act 1996 in relation to the compulsory acquisition
of a maritime site for the purposes set out in that section,
shall, on and after that repeal, continue to vest in the Commission and the enactments
referred to in
paragraphs (a)
to
(e)
shall, with all necessary modifications, be construed accordingly.
(2) A reference in an enactment that, immediately before the repeal of Part XIV of
the Act of 2000 by
section 6
, was to be construed as a reference to An Bord Pleanála by virtue of section 214,
215, 215A, 215B or 215C of that Act shall, on and after that repeal, be construed
as a reference to the Commission.
(3) In this section “local authority” includes the Dublin Docklands Authority.
C5
Prospective affecting provision: transitional arrangements on repeal made by
Planning and Development Act 2024
(34/2024), ss. 626, not
commenced as of date of revision.
Continued application of Act of 2000 for certain purposes
626.
—Notwithstanding the repeal of any provision of the Act of 2000 effected by
section 6
, that Act shall, subject to
Part 17
, continue to apply and have effect in relation to—
(
a
) an application for permission under Part III of that Act made before the repeal
of the provision concerned,
(
b
) an application to the High Court under subsection (6) of section 35 of the Act of
2000 made before the repeal of the provision concerned,
(
c
) an application under subsection (1) of section 42 of the Act of 2000 made before
the repeal of the provision concerned,
(
d
) a notice served, or an appeal brought, under section 44 or 46 of the Act of 2000
made before the repeal of the provision concerned, and
(
e
) an appeal under section 37, or paragraph (b) of subsection (10) of section 48, of
the Act of 2000 brought before the repeal of the provision concerned.
C6
Statutory instruments under Act continued in force on repeal as
provided (18.06.2025) by
Planning and Development Act 2024
(34/2024),
ss. 627, S.I. No. 256 of 2025, art 3(1) and sch. part 1 item 1.
Continuance in operation of statutory instruments made under Act
of 2000
627.
—(1) Save where otherwise provided for by this
Act, a statutory instrument in force immediately before the repeal by
section 6
of the provision of the Act of 2000 under which it was
made shall continue in force on and after that repeal as if made under such
provision of this Act as, in substance, confers a power to make a statutory
instrument in the same or similar terms as the first-mentioned statutory
instrument, and may be amended or revoked accordingly.
(2) In this section
“statutory instrument” has the meaning assigned to it by the Interpretation
Act 2005.
C7
Validity of acts done prior to repeal of Act preserved (16.08.2025)
by
Planning and Development Act 2024
(34/2024), s. 625, S.I. No. 256
of 2025, art. 3(1) and sch. part 1 item 1.
Validity of acts done
under Act of 2000
625.
—This Act shall
not affect the validity of anything done under a provision of the Act of
2000 before the repeal of that provision by
section 6
.
C8
Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach",
"chief executive" and "deputy chief executive" construed (16.05.2024) by
Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024
(7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.
Functions of Mayor
10.
(1) All functions (other than functions conferred by or under an enactment specified
in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach
of Limerick City and County Council shall, on and after that day, vest in the Mayor.
(2) All functions (other than functions conferred by or under an enactment specified
in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief
executive of Limerick City and County Council shall, on and after that day, vest in
the Mayor.
(3) From the vesting day, a reference in any enactment (other than an enactment specified
in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies
to the Cathaoirleach of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(4) From the vesting day, a reference in any enactment (other than an enactment specified
in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies
to the chief executive of Limerick City and County Council, be construed as a reference
to the Mayor, or as including a reference to the Mayor, as the context requires.
(5) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
...
Functions of Príomh Chomhairleoir
23.
(1) All functions conferred by or under an enactment specified in Part 1 of Schedule
1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick
City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.
(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule
1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the
Cathaoirleach of Limerick City and County Council, be construed as a reference to
the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir,
as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
...
Functions of Leas-Phríomh Chomhairleoir
25.
(1) All functions conferred by or under any enactment that, immediately before the
vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council
shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.
(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall,
in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and
County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or
as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.
(3) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
Director general
26.
(1) The chief executive of Limerick City and County Council shall, on and after the
vesting day, be known as the director general of Limerick City and County Council
and is in this Act referred to as the “director general”.
(2) The person who, immediately before the vesting day, was the chief executive of
Limerick City and County Council shall, on and after that day, continue in office
and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in an enactment specified in Part 2
of Schedule 1 to chief executive shall, in so far as that reference applies to the
chief executive of Limerick City and County Council, be construed as a reference to
the director general, or as including a reference to the director general, as the
context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
...
Deputy director general
28.
(1) On and after the vesting day, a deputy chief executive appointed by the director
general under section 148 of the Principal Act shall be known as the deputy director
general of Limerick City and County Council and is, in this Act, referred to as the
“deputy director general”.
(2) The person who, immediately before the vesting day, was the deputy chief executive
of Limerick City and County Council shall, on and after that day, continue in office
and be referred to in accordance with subsection (1).
(3) On and after the vesting day, a reference in any enactment to deputy chief executive
shall, in so far as the reference applies to the deputy chief executive of Limerick
City and County Council, be construed as a reference to the deputy director general,
or as including a reference to the deputy director general, as the context may require.
(4) This section shall apply subject to the modifications of the Principal Act specified
in Schedule 3.
...
SCHEDULE 1
PART 1
Enactments for Purposes of Sections 10 and 23
Number and Year
(1)
Provision
(2)
Extent of Modification
(3)
No. 37 of 2001
Local Government Act 2001
Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36,
37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f),
143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a),
219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e),
13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.
PART 2
Enactments for Purposes of Sections 10 and 26
Number and Year
(1)
Short Title
(2)
Provision
(3)
...
...
...
No. 30 of 2000
Planning and Development Act 2000
Sections 5, 7, 8, 18(3), 22, 31I(3), 31AI(4), 31AW(2), 57, 59, 60, 61, 69, 70, 71
to 79, 82, 83, 87, 88, 89, 90, 96, 96B, 97, 101, 147, 148, 170, 178, 178A, 179A, 180,
182, 206, 208, 209, 216, 217, 217B, 219, 247, 248, 249, 252, 254, 261 and 261A; Part
III; Chapters III and IV of Part VI; Parts VIII, X, XA, XII, XVI, XVII and XXI.
...
...
...
C9
Application of Act other than ss. 50, 50A, and 50B restricted (23.05.2023) by
European Union (Planning and Development) (Development for Accommodation of Displaced
Persons) Regulations 2023
(S.I. No. 251 of 2023).
3. The Act of 2000, other than sections 50, 50A, and 50B, shall not apply to the
development described in the Schedule proposed to be carried out, for the purposes
of providing accommodation to displaced persons, on behalf of the Minister for Children,
Equality, Disability, Integration and Youth.
SCHEDULE
Part 1
Site: Columb Barracks
Address: Ashe Road, Mullingar, Co. Westmeath.
...
C10
Application of Act restricted (11.11.2022) by
Development (Emergency Electricity Generation) Act 2022
(35/2022), s. 3, S.I. No. 564 of 2022.
Disapplication of Planning and Development Act 2000 to designated development
3. None of the provisions of the Planning and Development Act 2000 shall apply to
the designated development.
C11
Application of Act restricted (23.06.2022) by
European Union (Planning and Development) (Displaced Persons From Ukraine Temporary
Protection) Regulations 2022
(S.I. No. 306 of 2022), reg. 3 and sch.
3. (1) The Act of 2000 (other than sections 181A to 181C) shall not apply to the
classes of development specified in the Schedule carried out by, or on behalf of,
a State authority during the relevant period for the purposes of providing temporary
protection to displaced persons.
(2) A reference to “proposed development” in sections 181A to 181C of the Act of 2000
shall include a reference to development of a class specified in the Schedule to which
section 181A(1) of the Act of 2000 would apply if it was development of a class specified
in regulations made under section 181(1)(a) of the Act of 2000.
SCHEDULE
Article 3
1. Reception and integration facilities.
2. Residential accommodation, including ancillary recreational and sporting facilities.
3. Medical and other health and social care accommodation.
4. Education and childcare facilities, including ancillary recreational and sporting
facilities.
5. Emergency management coordination facilities.
6. Structures or facilities ancillary to development referred to in paragraphs 1 to
5, including administration and storage facilities.
7. Infrastructure and other works ancillary to development referred to in paragraphs
1 to 6.
C12
Application of Act extended (1.09.2019) by
Aircraft Noise (Dublin Airport) Regulation Act 2019
(12/2019), s. 20(2), S.I. No. 403 of 2019.
Noise insulation scheme
20.
...
(2) Subject to subsection (3), on and after the relevant day, a scheme shall be deemed
to be a noise mitigation measure introduced by the competent authority and the provisions
of this Act and the Act of 2000 shall, with all necessary modifications, apply to
the scheme accordingly.
(3) On and after the relevant day, the competent authority shall ensure that the scheme
applies to all homes located within the relevant noise contours.
C13
Certain functions transferred to Cork City Council as a result of the Cork City and
Council areas boundary alteration (31.01.2019) by
Local Government Act 2019
(1/2019), s. 31, S.I. No. 20 of 2019.
Planning applications and development contribution schemes
31.
(1) For the purposes of the Act of 2000 or any instrument under that Act and subject
to subsection (2), the county council shall, after the transfer day, be the planning
authority in relation to any planning application made before the transfer day in
respect of development or proposed development in the relevant area.
(2) (
a
) Subject to paragraph (b), the functions of a planning authority under the Act of
2000 shall, as respects—
(i) a decision under section 34 of that Act, or
(ii) a determination under section 37 of that Act,
made before the transfer day in relation to development or proposed development in
the relevant area, be performable from that day by the city council.
(3) Any contribution—
(
a
) paid before the transfer day in accordance with section 49 of the Act of 2000 for
the purpose of any public infrastructure service or project in the relevant area,
and
(
b
) vested in the city council under Part 2,
shall be expended by the city council for that purpose.
(4) Any development contribution scheme under section 48 of the Act of 2000 or supplementary
development contribution scheme under section 49 of that Act made by the city council
shall, from the transfer day, apply to the relevant area as it applies to the rest
of the functional area of the city council.
...
C14
Application of collectively cited
Planning and Development Acts 2000 to 2016
restricted (3.07.2017) by
Planning and Development (Housing) and Residential Tenancies Act 2016
(17/2016), s. 4(1), S.I. No. 270 of 2017.
Strategic housing developments and planning applications
4.
(1) Subject to
subsection (4)
, during the specified period and notwithstanding anything to the contrary contained
in any other provision of the
Planning and Development Acts 2000
to
2016
—
(
a
) an application for permission for a strategic housing development shall—
(i) be made to the Board under this section and not to a planning authority, other
than an application for permission, the purpose of which is as set out in section
34(3A) of the Act of 2000,
(ii) be so made only where
section 6
(7)(b)
applies or, in the case that a request is made under
section 7
(1)
, when the Board has complied with the request pursuant to
section 7
(2)
,
(iii) be so made only where the applicant for permission has fulfilled the requirements
set out in
section 8
,
(iv) be in such form and contain such information as is prescribed, and
(v) be accompanied by the appropriate fee,
and
(
b
) a copy of the application, shall be sent by the applicant to the planning authority
or authorities in whose area or areas the proposed strategic housing development would
be situated.
...
C15
Certain functions of Board restricted (3.07.2017) by
Planning and Development (Housing) and Residential Tenancies Act 2016
(17/2016), s. 11(3), S.I. No. 270 of 2017.
Strategic Housing Division
11.
...
(3) The Strategic Housing Division shall, subject to
subsections (8)
,
(9)
and
(10)
, determine any matter falling to be determined by the Board under the
Planning and Development Acts 2000 to 2016
in relation to strategic housing development other than development to which
section 4 (4)
relates.
...
C16
Act applied with modifications (8.02.2016) by
Dublin Transport Authority Act 2008
(15/2008), s. 44(6)(iii), as substituted by
Public Transport Act 2016
(3/2016), s. 1(b)(iii), commenced on enactment.
Functions of Authority in relation to public transport infrastructure
44.
—...
[(6) Where —
(
a
) a decision is made by the Authority under subsection (2)(b) or (5)(a) for the performance
of a particular function otherwise than through a public transport authority or statutory
body, or
(
b
) the Authority is performing its function of securing the provision of public transport
infrastructure in accordance with subsection (2)(e),
the following provisions have effect —
(i) the Authority shall be empowered (notwithstanding any other enactment) to perform
the function, including the acquisition of land for that purpose, and to do any other
thing which arises out of or is consequential on or is necessary for the purposes
of or would facilitate the performance of the function,
(ii) for the purpose of paragraph (a) or (b), land may be acquired by agreement or
by means of a compulsory purchase order made by the Authority in accordance with Part
XIV of the Act of 2000,
(iii) the provisions of any enactment concerned apply in relation to the performance
of the function subject to such modifications as may be necessary and as if the Authority
was named in such enactment in each place where a public transport authority or other
statutory body entitled to exercise the function is named, and
...]
C17
Functions to be performed by municipal district members and local authorities prescribed
(1.06.2014) by
Local Government Act 2001
(37/2001), ss. 131, 131A and sch. 14A parts 1-3, as inserted by
Local Government Reform Act 2014
(1/2014), s. 21(4) and sch. 3, S.I. No. 214 of 2014.
SCHEDULE 14A
Section 131 and 131A
PART 1
Reserved Functions to be Performed, Subject to Section 131A(4), by Municipal District
Members
Reference No.
(1)
Description of reserved function
(2)
Provision under which reserved function is conferred
(3)
...
...
...
30
Making, or refusing to make, or revocation or amendment of, a tree preservation order.
Section 205 of the Act of 2000.
...
...
...
PART 2
Reserved Functions that May be Performed under Section 131A(1) (b) in Respect of a
Municipal District by Municipal District Members or the Local Authority
Reference No.
(1)
Description of reserved function
(2)
Provision under which reserved function is conferred
(3)
...
...
...
11
Approving a proposal of the chief executive to grant permission for the development
of land which would contravene materially the development plan or local area plan.
Section 34 (as amended by Schedule 2 to the Local Government Reform Act 2014) of the
Act of 2000.
12
A decision in relation to the making, amendment or revocation of a local area plan
within the meaning of the Act of 2000.
Section 20 (as amended by section 9 of the Planning and Development (Amendment) Act
2002 and section 13 of the Planning and Development (Amendment) Act 2010 ) of the
Act of 2000.
13
The making of an addition to, or a deletion from, a record of protected structures
to which Part IV of the Act of 2000 relates.
Section 54 of the Act of 2000.
14
Approving, amending or revoking a special planning control scheme.
Section 85 and 86 of the Act of 2000.
15
Deciding to vary or modify a proposed local authority own development, or deciding
not to proceed with the development.
Section 179 of the Act of 2000.
16
Making, or refusing to make an order creating a public right of way over any land.
Section 207 of the Act of 2000.
17
Deciding to vary or modify, or not to proceed with, an event proposed to be carried
out by a local authority.
Section 238 of the Act of 2000.
...
...
...
PART 3
Reserved Functions to be Performed by the Local Authority
Reference No.
(1)
Description of reserved function
(2)
Provision under which reserved function is conferred
(3)
...
...
...
32
Making an order to declare an area to be an area of special amenity.
Section 202 of the Act of 2000.
33
Making, or refusing to make, or revocation or amendment of, an order designating any
area or place as a landscape conservation area.
Section 204 of the Act of 2000.
...
...
...
52
The making and amending of a scheme which determines the order of priority for allocation
of affordable houses provided under Part V of the Planning and Development Act 2000
.
Section 98 of the Act of 2000.
...
...
...
69
The making of a development plan and making or refusing to make a variation of a development
plan which for the time being is in force.
Sections 9, 12 and 13 of the Act of 2000.
70
The revocation or modification of a permission to develop land if the development
to which the permission relates no longer conforms with the provisions of the development
plan.
Section 44 of the Act of 2000.
71
Making a development contribution scheme.
Section 48 of the Act of 2000.
72
Making or amending a supplementary development contribution scheme.
Section 49 of the Act of 2000.
73
Deciding to make, subject to variations and modifications, or deciding not to make
a draft planning scheme for strategic development zones.
Section 169 (as amended by section 51 of the Planning and Development (Amendment)
Act 2010 ) of the Act of 2000.
74
Amending or revoking a planning scheme for strategic development zones.
Section 171 of the Act of 2000.
75
Adoption by a planning authority of a code of conduct for dealing with conflicts of
interest and promoting public confidence in the integrity of the conduct of its business.
Section 150 of the Act of 2000.
76
Making or terminating of an agreement by two or more planning authorities for sharing
the cost of performing functions under the Planning and Development Act 2000 .
Section 244 of the Act of 2000.
...
...
...
C18
References to a “sanitary authority” construed as “Irish Water” (1.01.2014) by
Water Services (No. 2) Act 2013
(50/2013), ss. 6, 7(4), S.I. No. 575 of 2013.
Transfer day
6.
— The Minister shall, by order, appoint a day to be the transfer day for the purposes
of this Act.
Transfer of functions from water service authorities to Irish Water
7.
— ...
(4) References to a sanitary authority in any enactment or instrument under any enactment
shall, on and after the transfer day, in so far as they relate to any function transferred
by subsection (3), be construed as references to Irish Water.
...
C19
References to “county council”, “city council”, “town council” and “regional assemblies” construed (1.06.2014) by
Local Government Reform Act 2014
(1/2014), ss. 9(2), 25(2) and 62(2), S.I. No. 214 of 2014.
Cesser and amalgamation of certain local government areas
9.
— ...
(2) Except where otherwise provided for by this Act, a reference, however expressed,
in any enactment—
(
a
) to a county council or a city council (including a reference construed by section
3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or
to a city council, as the case may be) shall, if the context permits, be read as a
reference to a county council, a city council or a city and county council, and
(
b
) to a county council and a city council (including a reference so construed) shall,
if the context permits, be read as a reference to a county council, a city council
and a city and county council.
...
Dissolution of town councils — consequential provisions
25.
— ...
(2) A function of a town council (including a reference construed by section 3(2)
of, and Schedule 2 to, the Principal Act as a reference to a town council and whether
of general application to town councils or otherwise under an enactment) that—
(
a
) has not been repealed or otherwise provided for by this Act, or
(
b
) is neither spent nor obsolete,
shall, if the context permits in respect of one or more than one town council concerned,
be read as a reference to a function of the local authority in whose administrative
area the town council so dissolved is situated.
...
Regional assemblies
62.
— ...
(2) The bodies established by the
Local Government Act 1991
(Regional Authorities) (Establishment) Order 1999 (
S.I. No. 226 of 1999
) which are subsisting at the commencement of this section shall upon such commencement
continue in being until dissolved or replaced under a provision of an establishment
order and be known or continue to be known, as the case may be, as regional assemblies
and accordingly—
(
a
) subject to paragraph (b) that order shall continue to apply to each of them as it
applied before such commencement and that order may be amended or revoked under this
section,
(
b
) references in any enactment to regional authorities within the meaning of section
43 (as amended by this Act) of the
Local Government Act 1991
shall, where the context admits, be read as references to regional assemblies,
...
C20
Application of Act extended (29.03.2013) by
Water Services Act 2013
(6/2013), s. 21(2), S.I. No. 108 of 2013.
Installation of pipes.
21.
— ...
(2) For the avoidance of doubt, the provisions of the Planning and Development Act
2000 shall apply to a metering authority as, by virtue of subsection (12) of section
41 of the Act of 2007, they apply to a water services authority.
C21
Provision made as to costs of proceedings under Act (23.08.2011) by
Environment (Miscellaneous Provisions) Act 2011
(20/2011), ss. 3, 4, 6, 7, S.I. No. 433 of 2011, art. 2(a).
Costs of proceedings to be borne by each party in certain circumstances.
3.
— (1) Notwithstanding anything contained in any other enactment or in— ...
and subject to
subsections (2)
,
(3)
and
(4)
, in proceedings to which this section applies, each party (including any notice party)
shall bear its own costs.
(2) The costs of the proceedings, or a portion of such costs, as are appropriate,
may be awarded to the applicant, or as the case may be, the plaintiff, to the extent
that he or she succeeds in obtaining relief and any of those costs shall be borne
by the respondent, or as the case may be, defendant or any notice party, to the extent
that the acts or omissions of the respondent, or as the case may be, defendant or
any notice party, contributed to the applicant, or as the case may be, plaintiff obtaining
relief.
(3) A court may award costs against a party in proceedings to which this section applies
if the court considers it appropriate to do so—
(
a
) where the court considers that a claim or counter-claim by the party is frivolous
or vexatious,
(
b
) by reason of the manner in which the party has conducted the proceedings, or
(
c
) where the party is in contempt of the court.
(4)
Subsection (1)
does not affect the court’s entitlement to award costs in favour of a party in a matter of exceptional public
importance and where in the special circumstances of the case it is in the interests
of justice to do so.
(5) In this section a reference to “court” shall be construed as, in relation to particular proceedings to which this section
applies, a reference to the District Court, the Circuit Court, the High Court or the
Supreme Court, as may be appropriate.
C22
Application of Act restricted (24.12.2006) by
Energy (Miscellaneous Provisions) Act 2006
(40/2006), s. 22(4), (5) and (6), commenced on enactment.
Certain development approvals under Part XI of Planning and Development Act 2000.
22.
— ...
(4) Nothing in section 182C or any other provision of the Act of 2000 shall be read
as meaning that, notwithstanding the permission granted under section 34 of the Act
of 2000 in respect of that terminal before such commencement, a permission—
(
a
) under section 34 or 37G of the Act of 2000, and
(
b
) granted after the commencement of the amendments of that Act made by the Act of
2006,
is required, either in circumstances generally or in the circumstances referred to
in subsection (5), in respect of the terminal referred to in
subsection (6)
.
(5) The circumstances mentioned in
subsection (4)
are that an application is made under section 182C in relation to a development which,
if it is carried out, will consist of the alteration or modification of the terms
of the strategic gas infrastructure development referred to in
subsection (6)
other than the terms of that development that comprise the terminal referred to in
that subsection.
(6) The terminal mentioned in
subsections (4)
and
(5)
is a terminal comprised in a strategic gas infrastructure development (within the
meaning of the Act of 2000) the pipeline comprised in which development has been the
subject of a consent referred to in
subsection (3)(iii)(I)
.
C23
Application of Act restricted by
Environmental Protection Agency Act 1992
(7/1992), s. 99F(1) as substituted (12.07.2004) by
Protection of the Environment Act 2003
(27/2003), s. 15, S.I. No. 393 of 2004.
[Application of other Acts.
99F.
—(1) Notwithstanding section 34 of the Act of 2000, or any other provision of that
Act, where a licence or revised licence under this Part has been granted or is or
will be required in relation to an activity, a planning authority or An Bord Pleanála shall not, where it decides to grant a permission under section 34 of that Act
in respect of any development comprising or for the purposes of the activity, subject
the permission to conditions which are for the purposes of—
(
a
) controlling emissions from the operation of the activity, including the prevention,
elimination, limitation, abatement, or reduction of those emissions, or
(
b
) controlling emissions related to or following the cessation of the operation of
the activity.
...
]
C24
Powers and functions in relation to Act transferred (10.07.2002) by
Heritage (Transfer of Departmental Administration and Ministerial Functions) Order
2002
(S.I. No. 356 of 2002), arts. 3, 4(1) and sch. part 1.
3. (1) The administration and business in connection with the exercise, performance
or execution of any functions transferred by Article 4 of this Order are transferred
to the Department of the Environment and Local Government.
(2) References to the Department of Community, Rural and Gaeltacht Affairs contained
in any Act or instrument made thereunder and relating to any administration and business
transferred by paragraph (1) of this Article shall, on and after the commencement
of this Order, be construed as references to the Department of the Environment and
Local Government.
4. (1) The functions vested in the Minister for Community, Rural and Gaeltacht Affairs
—
(
a
) by or under any of the instruments or the provisions of the enactments mentioned
in Part 1 of the Schedule to this Order,
(
b
) under the Regulations mentioned in Part 2 of that Schedule, and ...
are transferred to the Minister for the Environment and Local Government.
...
Schedule Part 1
Enactments and provisions of enactments, functions under which are
transferred from the Minister for Community, Rural and Gaeltacht Affairs to
the Minister for the Environment and Local Government
...
Planning and Development Act 2000 (No. 30 of 2000) (in so far as it relates to or
refers to the Minister for Community, Rural and Gaeltacht Affairs (except section
33 (3)(c)))
...
Part 2
Regulations, functions under which are transferred from the Minister for Community,
Rural and Gaeltacht Affairs to the Minister for the Environment and Local Government
Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) (in so far as they
relate to or refer to the Minister for Community, Rural and Gaeltacht Affairs (except
Article 28 (1)(n) Article 82 (3)(m), Article 121 (1)(m) and Article 179 (2)(p)))
...
C25
Application of Act restricted (23.12.2001) by
Transport (Railway Infrastructure) Act 2001
(55/2001), s. 39(4), commenced on enactment, as substituted (1.01.2007) by
Planning and Development (Strategic Infrastructure) Act 2006
(27/2006), s. 49(b), S.I. No. 684 of 2006.
[Environmental impact statement.
39.
— ...
(4) The European Communities (Environmental Impact Assessment) Regulations 1989 to
2005 and the Act of 2000 and any regulation made thereunder in relation to environmental
impact assessment shall not apply to anything done under an order made under this
Act.
]
Editorial Notes
E1
Act designated a relevant enactment for purposes of calculation of emergency periods
in relation to specified periods in Act and power to make emergency period orders
provided (19.12.2020) by
Planning and Development, and Residential Tenancies, Act 2020
(27/2020), s. 5(9)(c), commenced on enactment.
E2
Functions of Board under collectively cited
Planning and Development Acts 2000 to 2016
in relation to certain developments assigned to Strategic Housing Division (3.07.2018)
by
Planning and Development (Housing) and Residential Tenancies Act 2016
(17/2016), s. 11(3), (8), (9) and (10), S.I. No. 270 of 2017.
E3
Conditions, restrictions and other procedures in relation to the performance of reserved
function by municipal district members forming part of an elected council provided
(1.06.2014) by
Local Government (Performance of Reserved Functions in Respect of Municipal District
Members) Regulations 2014
(S.I. No. 231 of 2014).
E4
Provision made to ensure measures are taken to secure appropriate provision for the
management of waste by planning authorities and An Bord Pleanála in performing their functions under collectively cited
Planning and Development Acts 2000 to 2002
by
Waste Management Act 1996
(10/1996), s. 10D as inserted (12.07.2004) by
Protection of the Environment Act 2003
(27/2003), s. 26, S.I. No. 393 of 2004.
E5
Previous affecting provision: application of Act restricted (27.03.2020 to expiry
of relevant period 31.03.2022) by
Planning and Development Act 2000 (Section 181) Regulations 2020
(S.I. No. 93 of 2020);
Health (Preservation and Protection and other Emergency Measures in the Public Interest)
Act 2020
, Part 3 ceased on expiry of relevant period as per s. 2(3)(b) as amended (10.02.2022)
by
Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021
(46/2021), s. 1(a), commenced as per s. 5(2).
E6
Previous affecting provision: functions under Act made subject to presumption of
corruption (9.07.2001) by
Prevention of Corruption (Amendment) Act 2001
(27/2001), s. 4(1) and (2)(c), commenced on enactment; repealed (30.07.2018) by
Criminal Justice (Corruption Offences) Act 2018
(9/2018), s. 4 and sch. 2, S.I. No. 298 of 2018.