Development (Amendment) Regulations, 2023

L.N. 96 of 2023

DEVELOPMENT PLANNING ACT

(CAP. 552)

Regularisation of Existing

Development (Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 83 of the

Development Planning Act, the Minister for Public Works and

Planning, after consultation with the Planning Authority, has made the

following regulations:-

The title of these regulations is the Regularisation of Citation.

Existing Development (Amendment) Regulations, 2023 and these

regulations shall be read and construed as one with the Regularisation S.L. 552.26.

of Existing Development Regulations, hereinafter referred to as "the

principal regulations".

In these regulations, unless the context otherwise requires, Interpretation.

words and expressions defined in the principal regulations shall have

the same meaning as assigned to them in the principal regulations.

Regulation 3 of the principal regulations shall be Substitutes

substituted by the following new regulation

" Scope.

3. The scope of these regulations is to lay down

procedures by which any person may request the

regularisation of an existing irregular development.

These regulations shall only apply to

(a) that irregular development located

entirely in a Development Zone;

(b) that irregular development located

entirely within the boundaries of Category 1 Rural

Settlements as delineated in the Local Plans;

(c) that irregular development located

within a Development Zone but partially extends

Outside the Development Zone; or

(d) that irregular development already

covered by a Category B concession issued in terms

of the Eighth Schedule to the Environment and

Development Planning Act prior to the coming into

force of these regulations and located in a

Development Zone.".

Regulation 4 of the principal regulations shall be amended

(a) sub-regulation (1) thereof shall be substituted by the

following new sub-regulation

"(1) An existing irregular development as stipulated

in regulation 3 requiring regularisation and which was in

existence prior to the coming into force of these

regulations, may be regularised by means of the following

procedure, unless a permit is otherwise lawfully obtained:";

(b)

sub-regulation (5) thereof shall be amended as

(i)

in paragraph (d) thereof, the words "prior to the

entry into force of these regulations is submitted:" shall be

substituted by the words "prior to the coming into force of

these regulations is submitted; or";

(ii) immediately after paragraph (d) thereof, there

shall be added the following new paragraph

"(e) the regularisation relates to development

located only on land accommodating existing

buildings and their curtilage, which land is located

within a Development Zone but partially extends

Outside Development Zone (ODZ), and is covered by

a development permit issued prior to the coming into

force of these regulations:";

(iii) the first proviso thereof shall be substituted by

the following new proviso

"Provided that paragraphs (a), (b), (c), (d)

and (e) shall not apply to an application submitted in

terms of sub-regulation (2) for the regularisation of a

Category B concession with a permit."; and

(iv) the second proviso thereof shall be deleted.

Immediately after the last table in the Schedule to the

principal regulations there shall be added the following new tables

" Type

Development

Total area of site ODZ (excluding area of main building but includ-

ing all ancillary buildings) up to and including (m²)

All un-roofed

€400

€750

€1,850

€4,950

€6,200

€7,450

development at

ground level on

land ODZ

covered by a

development

permit issued

prior to the com-

ing into force of

these regulations

Total footprint of roofed structures beneath ground level on land

ODZ (excluding footprint of structures beneath area of main build-

ing but including footprint of roofed structure beneath all ancillary

buildings) up to and including (m²)

Regulation All roofed

€450

€900

€2,150

€5,805

€7,300

€8,750

3(c) irregular structures

development beneath ground

level on land

ODZ

covered by a de-

velopment per-

mit issued prior

to the coming

into force of

these regulations

Development Total area of site ODZ (excluding area of main building but including all ancillary

buildings) up to and including (m²)

All un-roofed €8,750

€9,900

€11,150

€12,650

€13,800

€14,950

development

at ground

level on land

ODZ covered

by a develop-

ment permit

issued prior to

the coming

into force of

these

regulations

Total footprint of roofed structures beneath ground level on land ODZ (excluding

footprint of structures beneath area of main building but including footprint of roofed

structure beneath all ancillary buildings) up to and including (m²)

All roofed

€10,250

€11,600

€13,100

€14,850

€16,200

€17,550

Regulation structures

3(c) irregular beneath

development ground level

on land ODZ

covered by a

development

permit issued

prior to the

coming into

force of these

regulations

Development Total area of site ODZ (excluding area of main building but including all

ancillary buildings) up to and including (m²)

All un-roofed €17,250

€19,550

€25,300

€36,800

€49,450

€98,900

ODZ covered

by a develop-

issued prior to

Total footprint of roofed structures beneath ground level on land ODZ

(excluding footprint of structures beneath area of main building but in-

cluding footprint of roofed structure beneath all ancillary buildings) up to

and including (m²)

€20,250

€22,950

€29,700

€43,200

€58,050

€116,100

on land ODZ

permit issued

force of these

Development Total area of site ODZ (excluding area of main building but including all ancillary

buildings) up to and including (m²)

10000

>10000

All un-roofed €126,500 €149,500 €195,500 €253,000 €368,000 €494,500 €989,000

ODZ covered

by a develop-

issued prior to

Total footprint of roofed structures beneath ground level on land ODZ (excluding

footprint of structures beneath area of main building but including footprint of

roofed structure beneath all ancillary buildings) up to and including (m²)

10000

>10000

€148,500 €175,500 €229,500 €297,000 €432,000 €580,500 €1,161,000

on land ODZ

permit issued

force of these

".

€0.54