(LRC Revised)

Number 16 of 2018

PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

REVISED

Updated to 17 July 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Planning and Development (Amendment) Act 2018

. 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

Energy (Windfall Gains in the

Energy Sector) (Temporary Solidarity Contribution) Act 2023

(23/2023), enacted 17

July 2023, and all statutory instruments up to and including the

Maritime Area

Planning Act 2021 (Commencement of Certain Provisions) (No. 2) Order 2023

(S.I.

No. 369 of 2023), made 12 July 2023, 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

16

of

2018

PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

REVISED

Updated to 17 July 2023

CONTENTS

PART 1

Preliminary and General

1. Short title, collective citation, construction and commencement

2. Interpretation

3. Expenses

PART 2

Office of the Planning Regulator

4. Office of the Planning Regulator

PART 3

Miscellaneous and Consequential Amendments to Planning and Development Acts 2000 to

2016

5. Office of the Planning Regulator and amendments to Part II of Principal Act

6. References to manager, etc., in Principal Act

7. Amendment of section 2 of Principal Act

8. Amendment of section 4 of Principal Act

9. Amendment of section 7 of Principal Act

10. Development plan to be consistent with specific planning policy requirements

11. Amendment of section 10 of Principal Act

12. Amendment of section 11 of Principal Act

13. Amendment of section 11B of Principal Act

14. Amendment of section 12 of Principal Act

15. Amendment of section 13 of Principal Act

16. Request to manager to report on proposal by members of planning authority to vary

development plan

17. Amendment of section 20 of Principal Act

18. National Planning Framework

19. Publication of certain documents on website of planning authorities

20. Amendment of section 28 of Principal Act

21. Amendment of section 31 of Principal Act

22. Amendment of section 33 of Principal Act

23. Amendment of section 34 of Principal Act

24. Amendment of section 35 of Principal Act

25. Amendment of section 38 of Principal Act

26. Power to vary appropriate period, etc.

27. Revocation or modification of planning permission for certain reasons

28. Development contributions and supplementary development contribution schemes

29. Amendment of section 50B of Principal Act

30. Amendment of section 144 of Principal Act

31. Amendment of section 162 of Principal Act

32. Amendment of section 169 of Principal Act

33. Amendment of section 176A of Principal Act

34. Amendment of section 176C of Principal Act

(Repealed)

35. Amendment of section 177S of Principal Act

36. Amendment of section 177T of Principal Act

37. Amendment of section 180 of Principal Act

38. Amendment of section 195 of Principal Act

39. Amendment of section 208 of Principal Act

40. Members of local authorities exempt from payment of certain fees

41. Amendment of section 246 of Principal Act

42. Exemption from fees for submissions and observations by councillors on planning

applications

43. Amendment of section 247 of Principal Act

44. Amendment of section 248 of Principal Act

45. Amendment of section 255 of Principal Act

46. Amendment of First Schedule to Principal Act

47. Amendment of Fourth Schedule to Principal Act

48. Construction of Fifth Schedule to Principal Act

49. Amendment of Seventh Schedule to Principal Act

50. Amendment of section 3 of Act of 2016

51. Amendment of section 5 of Act of 2016

52. Amendment of section 6 of Act of 2016

53. Amendment of section 8 of Act of 2016

54. Amendment of section 10 of Act of 2016

55. Amendment of section 12 of Act of 2016

56. Amendment of section 13 of Act of 2016

57. Amendment of section 28 of Act of 2016

PART 4

Miscellaneous Amendments

58. Definition

59. Amendment of section 23 of Derelict Sites Act 1990

60. Amendment of section 12 of Dublin Transport Authority Act 2008

61. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

62. Amendment of section 33 of Water Services (No. 2) Act 2013

63. Amendment of section 5 of Act of 2015

64. Vacant site levy

65. Miscellaneous amendments of Act of 2015

PART 5

Marine Spatial Plans

66. Interpretation

(Repealed)

67. Competent authority

(Repealed)

68. Application of Part

(Repealed)

69. Marine spatial plans

(Repealed)

70. Requirements of marine spatial

planning

(Repealed)

71. Public participation on marine

spatial plans

(Repealed)

72. Strategic environmental

assessment and appropriate assessment

(Repealed)

73. Laying of marine spatial plans

before each House of Oireachtas

(Repealed)

74. Compliance by public

bodies

(Repealed)

75. Directions of Minister

(Repealed)

76. Revocation

(Repealed)

SCHEDULE 1

Miscellaneous and Consequential Amendments to Part II of Planning and Development

Act 2000

SCHEDULE 2

Amendments to Planning and Development Act 2000 Relating to Chief Executive of Local

Authorities, etc.

SCHEDULE 3

National Planning Framework and References to National Spatial Strategy

SCHEDULE 4

Amendment to Planning and Development Act 2000

Publication on Website of a Planning Authority of Certain Submissions and Observations,

and Reports of the Chief Executive, Relating to Planning Process

Acts Referred to

Building Control Act 2007

(No. 21)

Civil Service Regulation Act 1956

(No. 46)

Companies Act 2014

(No. 38)

Derelict Sites Act 1990

(No. 14)

Dublin Transport Authority Act 2008

(No. 15)

Environment (Miscellaneous Provisions) Act 2011

(No. 20)

European Parliament Elections Act 1997

(No. 2)

Fire Services Act 1981

(No. 30)

Foreshore Act 1933

(No. 12)

Freedom of Information Act 2014

(No. 30)

Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions)

Act 2014

(No. 19)

Industrial and Provident Societies Acts 1893 to 2014

Interpretation Act 2005

(No. 23)

Licensing Acts 1833 to 2011

Local Government Act 1941

(No. 23)

Local Government Act 2001

(No. 37)

Local Government Reform Act 2014

(No. 1)

Planning and Development (Amendment) Act 2010

(No. 30)

Planning and Development (Housing) and Residential Tenancies Act 2016

(No. 17)

Planning and Development Act 2000

(No. 30)

Planning and Development Acts 2000 to 2016

Public Service Pensions (Single Scheme and Other Provisions) Act 2012

(No. 37)

Public Service Superannuation (Miscellaneous Provisions) Act 2004

(No. 7)

Public Transport Regulation Act 2009

(No. 37)

Qualifications and Quality Assurance (Education and Training) Act 2012

(No. 28)

Roads Act 1993

(No. 14)

Sea-Fisheries and Maritime Jurisdiction Act 2006

(No. 8)

Urban Regeneration and Housing Act 2015

(No. 33)

Water Services (No. 2) Act 2013

(No. 50)

Water Services Act 2007

(No. 30)

Number

16

of

2018

PLANNING AND DEVELOPMENT (AMENDMENT) ACT 2018

REVISED

Updated to 17 July 2023

An Act to amend and extend the

Planning and Development Acts 2000

to

2018

and for that purpose to establish an office, to be known as the Office of the Planning

Regulator, to evaluate and carry out assessments relating to planning matters and

provide observations and recommendations in relation to those matters, to conduct

reviews and examinations and to conduct education and training programmes and research

in relation to planning matters; to provide for the organisation and staffing of that

Office; to provide for a National Planning Framework; to provide for certain planning

and development requirements to be taken into account by Irish Water; to make miscellaneous

and consequential amendments to the

Planning and Development Act 2000

and to various other Acts in so far as they relate to planning and development; to

amend the Derelict Sites Act 1990; to give effect to Directive 2014/89/EU of the European

Parliament and of the Council of 23 July 2014

1

establishing a framework for marine spatial planning; and to provide for matters

connected therewith.

[19

th July

, 2018]

Be it enacted by the Oireachtas

as follows

CONTENTS

PART 1

Preliminary and General

1. Short title, collective citation, construction and commencement

2. Interpretation

3. Expenses

PART 2

Office of the Planning Regulator

4. Office of the Planning Regulator

PART 3

Miscellaneous and Consequential Amendments to Planning and Development Acts 2000 to

2016

5. Office of the Planning Regulator and amendments to Part II of Principal Act

6. References to manager, etc., in Principal Act

7. Amendment of section 2 of Principal Act

8. Amendment of section 4 of Principal Act

9. Amendment of section 7 of Principal Act

10. Development plan to be consistent with specific planning policy requirements

11. Amendment of section 10 of Principal Act

12. Amendment of section 11 of Principal Act

13. Amendment of section 11B of Principal Act

14. Amendment of section 12 of Principal Act

15. Amendment of section 13 of Principal Act

16. Request to manager to report on proposal by members of planning authority to vary

development plan

17. Amendment of section 20 of Principal Act

18. National Planning Framework

19. Publication of certain documents on website of planning authorities

20. Amendment of section 28 of Principal Act

21. Amendment of section 31 of Principal Act

22. Amendment of section 33 of Principal Act

23. Amendment of section 34 of Principal Act

24. Amendment of section 35 of Principal Act

25. Amendment of section 38 of Principal Act

26. Power to vary appropriate period, etc.

27. Revocation or modification of planning permission for certain reasons

28. Development contributions and supplementary development contribution schemes

29. Amendment of section 50B of Principal Act

30. Amendment of section 144 of Principal Act

31. Amendment of section 162 of Principal Act

32. Amendment of section 169 of Principal Act

33. Amendment of section 176A of Principal Act

34. Amendment of section 176C of Principal Act

(Repealed)

35. Amendment of section 177S of Principal Act

36. Amendment of section 177T of Principal Act

37. Amendment of section 180 of Principal Act

38. Amendment of section 195 of Principal Act

39. Amendment of section 208 of Principal Act

40. Members of local authorities exempt from payment of certain fees

41. Amendment of section 246 of Principal Act

42. Exemption from fees for submissions and observations by councillors on planning

applications

43. Amendment of section 247 of Principal Act

44. Amendment of section 248 of Principal Act

45. Amendment of section 255 of Principal Act

46. Amendment of First Schedule to Principal Act

47. Amendment of Fourth Schedule to Principal Act

48. Construction of Fifth Schedule to Principal Act

49. Amendment of Seventh Schedule to Principal Act

50. Amendment of section 3 of Act of 2016

51. Amendment of section 5 of Act of 2016

52. Amendment of section 6 of Act of 2016

53. Amendment of section 8 of Act of 2016

54. Amendment of section 10 of Act of 2016

55. Amendment of section 12 of Act of 2016

56. Amendment of section 13 of Act of 2016

57. Amendment of section 28 of Act of 2016

PART 4

Miscellaneous Amendments

58. Definition

59. Amendment of section 23 of Derelict Sites Act 1990

60. Amendment of section 12 of Dublin Transport Authority Act 2008

61. Amendment of section 4 of Environment (Miscellaneous Provisions) Act 2011

62. Amendment of section 33 of Water Services (No. 2) Act 2013

63. Amendment of section 5 of Act of 2015

64. Vacant site levy

65. Miscellaneous amendments of Act of 2015

PART 5

Marine Spatial Plans

66. Interpretation

(Repealed)

67. Competent authority

(Repealed)

68. Application of Part

(Repealed)

69. Marine spatial plans

(Repealed)

70. Requirements of marine spatial

planning

(Repealed)

71. Public participation on marine

spatial plans

(Repealed)

72. Strategic environmental

assessment and appropriate assessment

(Repealed)

73. Laying of marine spatial plans

before each House of Oireachtas

(Repealed)

74. Compliance by public

bodies

(Repealed)

75. Directions of Minister

(Repealed)

76. Revocation

(Repealed)

SCHEDULE 1

Miscellaneous and Consequential Amendments to Part II of Planning and Development

Act 2000

SCHEDULE 2

Amendments to Planning and Development Act 2000 Relating to Chief Executive of Local

Authorities, etc.

SCHEDULE 3

National Planning Framework and References to National Spatial Strategy

SCHEDULE 4

Amendment to Planning and Development Act 2000

Publication on Website of a Planning Authority of Certain Submissions and Observations,

and Reports of the Chief Executive, Relating to Planning Process

Number

16

of

2018