(LRC Revised)

Number 29 of 2022

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

REVISED

Updated to 16 May 2024

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, Maritime and Valuation (Amendment) Act

2022

. It is prepared by the Law Reform Commission in accordance with its

function under the

Law Reform Commission Act 1975

(3/1975) to keep the law under

review and to undertake revision and consolidation of statute law.

All Acts up to and including the

Employment (Collective Redundancies and

Miscellaneous Provisions) and Companies (Amendment) Act 2024

(14/2024), enacted 9

May 2024, and all statutory instruments up to and including the

S.I. No. 207/2024 -

Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

(Commencement) (No. 2) Order 2024

(S.I. No. 207 of 2024), made 14 May 2024, 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

29

of

2022

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

REVISED

Updated to 16 May 2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title,

collective citation, construction, and commencement

PART 2

Amendment of Planning and Development Act

2000

2. Definitions -

Part 2

3. Amendment of

section 3A of Principal Act

4. Amendment of

section 7 of Principal Act

5. Amendment of

section 31 of Principal Act

6. Amendment of

section 31AM of Principal Act

7. Amendment of

section 31AN of Principal Act

8. Amendment of

section 31AO of Principal Act

9. Amendment of

section 31AP of Principal Act

10. Amendment of

section 32B of Principal Act

11. Opinion in

relation to planning application

12. Amendment of

section 34 of Principal Act

13. Amendment of

section 37 of Principal Act

14. Opinion in

relation to application to Board

15. Amendment of

section 37G of Principal Act

16. Amendment of

section 37I of Principal Act

17. Amendment of

section 37L of Principal Act

18. Amendment of

section 37M of Principal Act

19. Amendment of

section 37N of Principal Act

20. Amendment of

section 37O of Principal Act

21. Amendment of

section 37P of Principal Act

22. Amendment of

section 50A of Principal Act

23. Amendment of

section 104 of Principal Act

24. Amendment of

section 144 of Principal Act

25. Amendment of

section 156 of Principal Act

26. Amendment of

section 177A of Principal Act

27. Amendment of

section 177E of Principal Act

28. Amendment of

section 177F of Principal Act

29. Amendment of

section 177I of Principal Act

30. Amendment of

section 177K of Principal Act

31. Amendment of

section 177L of Principal Act

32. Amendment of

section 177M of Principal Act

33. Amendment of

section 177N of Principal Act

34. Amendment of

section 177O of Principal Act

35. Amendment of

section 182B of Principal Act

36. Amendment of

section 182D of Principal Act

37. Opinion in

relation to application to Board

38. Amendment of

section 246 of Principal Act

39. Amendment of

Fifth Schedule to Principal Act

40.

Repeals

41. Transitional

provisions

PART 3

Maritime Area Planning

42. Definition -

Part 3

43. Amendment of

section 3 of Act of 2021

44. Amendment of

section 6 of Act of 2021

45. Amendment of

Part 2 of Act of 2021 - insertion of Chapter 8A

46. Amendment of

section 56 of Act of 2021

47. Amendment of

section 75 of Act of 2021

48. Amendment of

section 81 of Act of 2021

49. Amendment of

section 85 of Act of 2021

50. Substitution

of section 87 of Act of 2021

51. Amendment of

section 95 of Act of 2021

52. Amendment of

section 96 of Act of 2021

53. Amendment of

section 97 of Act of 2021

54. Amendment of

section 131 of Act of 2021

55. Amendment of

section 134 of Act of 2021

56. Amendment of

section 135 of Act of 2021

57. Amendment of

section 136 of Act of 2021

58. Amendment of

Part 6 of Act of 2021 - insertion of Chapter 3A

59. Amendment of

heading to Chapter 4 of Part 6 of Act of 2021

60. Insertion of

new section in Act of 2021

61. Amendment of

Part 6 of Act of 2021 - substitution of Chapter heading

62. Amendment of

section 145 of Act of 2021

63. Amendment of

Part 6 of Act of 2021 - insertion of new Chapter heading

64. Amendment of

heading to Chapter 6 of Part 6 of Act of 2021

65. Amendment of

section 154 of Act of 2021

66. Amendment of

section 155 of Act of 2021

67. Amendment of

section 156 of Act of 2021

68. Amendment of

section 157 of Act of 2021

69. Amendment of

Part 6 of Act of 2021 - insertion of Chapter 8

70. Amendment of

section 169 of Act of 2021

71. Amendment of

section 144 of Planning and Development Act 2000

72. Amendment of

section 156 of Planning and Development Act 2000

73. Amendment of

Part XXI of Planning and Development Act 2000

74. Amendment of

Schedule 6 to Act of 2021

75. Amendment of

Schedule 8 to Act of 2021

PART 4

Amendment of Valuation Act 2001 and Residential

Tenancies and Valuation Act 2020

76. Amendment of

section 21 of Valuation Act 2001

77. Amendment of

section 14 of Residential Tenancies and Valuation Act 2020

Acts Referred to

Maritime Area

Planning Act 2021

(No. 50)

Planning and

Development Act 2000

(No. 30)

Planning and Development Acts

2000 to 2021

Residential

Tenancies and Valuation Act 2020

(No. 7)

Valuation Act

2001

(No. 13)

Number

29

of

2022

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

REVISED

Updated to 16 May 2024

An Act to amend the

Planning and

Development Act 2000

; to provide that a person shall not advertise certain

property in a rent pressure zone for letting for a period not exceeding 14 days; to

provide

for certain matters relating to Ministerial directions regarding development plans

and

local area plans and the related functions of the Office of the Planning Regulator;

to

provide for consultation before making applications for certain permissions for, and

approvals of, the development of land and the maritime area in relation to details

of such

development that may not be confirmed at the time such applications are made; to provide

for applications to be made to An Bord Pleanála in respect of development of lands

where an application for substitute consent of development of those lands has been

made, or

in respect of development of lands adjoining those lands; to remove the requirement

to

apply for leave for substitute consent under Part XA of the

Planning and Development Act

2000

; to provide for certain matters relating to judicial review of decisions and

acts of planning authorities, local authorities and An Bord Pleanála; to provide for

the appointment of a chief executive designate to the Maritime Area Regulatory Authority

and to provide for other matters relating to the maritime area, including matters

relating

to judicial review and rehabilitation schedules and for those and other purposes to

amend

the

Maritime Area

Planning Act 2021

; to enable the Commissioner of Valuation with the consent of

the Minister for Housing, Local Government and Heritage to revoke a valuation order

in

certain circumstances and for that purpose to amend the

Valuation Act 2001

; to extend

the period within which a valuation list in relation to a rating authority shall be

published and for that purpose to amend the

Residential Tenancies and Valuation Act 2020

; and to

provide for related matters.

[24

th July

, 2022]

Be it enacted by the Oireachtas as follows

Annotations

Modifications (not altering

text)

C1

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)

...

...

...

Annotations

Modifications (not altering

text)

C1

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)

...

...

...

CONTENTS

PART 1

Preliminary and General

Section

1. Short title,

collective citation, construction, and commencement

PART 2

Amendment of Planning and Development Act

2000

2. Definitions -

Part 2

3. Amendment of

section 3A of Principal Act

4. Amendment of

section 7 of Principal Act

5. Amendment of

section 31 of Principal Act

6. Amendment of

section 31AM of Principal Act

7. Amendment of

section 31AN of Principal Act

8. Amendment of

section 31AO of Principal Act

9. Amendment of

section 31AP of Principal Act

10. Amendment of

section 32B of Principal Act

11. Opinion in

relation to planning application

12. Amendment of

section 34 of Principal Act

13. Amendment of

section 37 of Principal Act

14. Opinion in

relation to application to Board

15. Amendment of

section 37G of Principal Act

16. Amendment of

section 37I of Principal Act

17. Amendment of

section 37L of Principal Act

18. Amendment of

section 37M of Principal Act

19. Amendment of

section 37N of Principal Act

20. Amendment of

section 37O of Principal Act

21. Amendment of

section 37P of Principal Act

22. Amendment of

section 50A of Principal Act

23. Amendment of

section 104 of Principal Act

24. Amendment of

section 144 of Principal Act

25. Amendment of

section 156 of Principal Act

26. Amendment of

section 177A of Principal Act

27. Amendment of

section 177E of Principal Act

28. Amendment of

section 177F of Principal Act

29. Amendment of

section 177I of Principal Act

30. Amendment of

section 177K of Principal Act

31. Amendment of

section 177L of Principal Act

32. Amendment of

section 177M of Principal Act

33. Amendment of

section 177N of Principal Act

34. Amendment of

section 177O of Principal Act

35. Amendment of

section 182B of Principal Act

36. Amendment of

section 182D of Principal Act

37. Opinion in

relation to application to Board

38. Amendment of

section 246 of Principal Act

39. Amendment of

Fifth Schedule to Principal Act

40.

Repeals

41. Transitional

provisions

PART 3

Maritime Area Planning

42. Definition -

Part 3

43. Amendment of

section 3 of Act of 2021

44. Amendment of

section 6 of Act of 2021

45. Amendment of

Part 2 of Act of 2021 - insertion of Chapter 8A

46. Amendment of

section 56 of Act of 2021

47. Amendment of

section 75 of Act of 2021

48. Amendment of

section 81 of Act of 2021

49. Amendment of

section 85 of Act of 2021

50. Substitution

of section 87 of Act of 2021

51. Amendment of

section 95 of Act of 2021

52. Amendment of

section 96 of Act of 2021

53. Amendment of

section 97 of Act of 2021

54. Amendment of

section 131 of Act of 2021

55. Amendment of

section 134 of Act of 2021

56. Amendment of

section 135 of Act of 2021

57. Amendment of

section 136 of Act of 2021

58. Amendment of

Part 6 of Act of 2021 - insertion of Chapter 3A

59. Amendment of

heading to Chapter 4 of Part 6 of Act of 2021

60. Insertion of

new section in Act of 2021

61. Amendment of

Part 6 of Act of 2021 - substitution of Chapter heading

62. Amendment of

section 145 of Act of 2021

63. Amendment of

Part 6 of Act of 2021 - insertion of new Chapter heading

64. Amendment of

heading to Chapter 6 of Part 6 of Act of 2021

65. Amendment of

section 154 of Act of 2021

66. Amendment of

section 155 of Act of 2021

67. Amendment of

section 156 of Act of 2021

68. Amendment of

section 157 of Act of 2021

69. Amendment of

Part 6 of Act of 2021 - insertion of Chapter 8

70. Amendment of

section 169 of Act of 2021

71. Amendment of

section 144 of Planning and Development Act 2000

72. Amendment of

section 156 of Planning and Development Act 2000

73. Amendment of

Part XXI of Planning and Development Act 2000

74. Amendment of

Schedule 6 to Act of 2021

75. Amendment of

Schedule 8 to Act of 2021

PART 4

Amendment of Valuation Act 2001 and Residential

Tenancies and Valuation Act 2020

76. Amendment of

section 21 of Valuation Act 2001

77. Amendment of

section 14 of Residential Tenancies and Valuation Act 2020

Number

29

of

2022