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S.I. No. 364 of 2005
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PLANNING AND DEVELOPMENT REGULATIONS
2005
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The Minister for the Environment, Heritage
and Local Government, in exercise of the powers conferred on him by sections
4, 176 and 262 of the Planning and Development Act 2000 (No. 30 of 2000),
hereby makes the following Regulations:
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Citation.
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1. (1) These
Regulations may be cited as the Planning and Development Regulations 2005.
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(2) These
Regulations and the Planning and Development Regulations 2001 to 2004 shall
be construed as one and may be collectively cited as the Planning and
Development Regulations 2001 to 2005.
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Interpretation.
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2. In
these Regulations, except where the context otherwise requires, “the
Regulations” means the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ).
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Amendment of
Article 5(1) of Regulations.
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3. Article
5(1) of the Regulations is hereby amended by the substitution of the
following definition for the definition of ‘shop’:
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“ ‘shop’ means a structure used for any or all of the following
purposes, where the sale, display or service is principally to visiting
members of the public -
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(a) for the retail sale of goods,
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(b) as a post office,
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(c) for the sale of tickets or as a
travel agency,
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(d) for the sale of sandwiches or
other food or of wine for consumption off the premises, where the sale of
such food or wine is subsidiary to the main retail use, and “wine” is
defined as any intoxicating liquor which may be sold under a wine retailer's
off-licence (within the meaning of the Finance (1909-1910) Act, 1910), 10
Edw. 7. & 1 Geo. 5, c.8,
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(e) for hairdressing,
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(f) for the display of goods for
sale,
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(g) for the hiring out of domestic or
personal goods or articles,
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(h) as a launderette or dry cleaners,
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(i) for the
reception of goods to be washed, cleaned or repaired,
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but does not include any use associated with the provision of
funeral services or as a funeral home, or as a hotel, a restaurant or a
public house, or for the sale of hot food or intoxicating liquor for
consumption off the premises except under paragraph (d), or any use to which
class 2 or 3 of Part 4 of Schedule 2 applies;”.
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Amendment of
Schedule 2 of Regulations.
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4. Part
3 of Schedule 2 of the Regulations is hereby amended by the substitution for
Class 17 of the following -
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“
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Column 1
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Column 2
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Description
of Development
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Conditions
and Limitations
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Peat extraction
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CLASS 17
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(a) Peat extraction in a new or extended area of less
than 10 hectares, or
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1. No such peat extraction shall be likely to have
significant effects on the environment by reference to the criteria set
out in Schedule 7.
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(b) Peat extraction in a new or extended area of 10
hectares or more, where the drainage of the bogland
commenced prior to the coming into force of these Regulations.
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2. Paragraph 1 shall not apply to peat extraction -
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(i) on
a European site where such development is regulated by the European
Communities (Natural Habitats) Regulations 1997, or any Regulations or
enactment amending or replacing those Regulations, or
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(ii) on a site prescribed under article 12 where such
development is regulated by the Wildlife (Amendment) Acts 1976 and 2000,
or any enactment amending or replacing those Acts.
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”
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Amendment of
Schedule 5 of Regulations
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5. Schedule
5 of the Regulations is amended -
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(a) by the addition in Part 1 of the
following paragraph:
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“22. Any change to or extension of projects listed in this Annex
where such a change or extension in itself meets the thresholds, if any, set
out in this Annex.”
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and
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(b) in Paragraph 13(a), by
substituting, “Any change or extension of development (not
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(c) being a
change or extension referred to in Part 1)”, for, “Any change or extension
of development”.
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GIVEN under the Official Seal of the
Minister for the Environment, Heritage and Local Government this 14th
day of July 2005.
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L.S.
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Dick Roche
Minister for the Environment, Heritage and
Local Government.
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EXPLANATORY NOTE
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(This note is not part of the Instrument and
does not purport to be a legal interpretation.)
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These Regulations amend the Planning and
Development Regulations 2001 to provide that a shop changing its use to an
off-licence would require planning permission.
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These Regulations amend the provisions in
relation to peat extraction in the Planning and Development Regulations 2001
to facilitate consideration of the need for the Environmental Impact
Assessment (EIA) of projects which are likely to
have significant effects on the environment by reference to the criteria set
out in Schedule 7 of the Regulations.
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The Regulations also amend Parts I and II of
Schedule 5 of the Planning and Development Regulations 2001 to the effect
that any change to, or extension of, a project listed therein will in itself
require EIA where such change or extension meets
any relevant threshold set out in the Schedule.
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