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STATUTORY
INSTRUMENTS
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S.I. No. 685 of 2006
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PLANNING AND DEVELOPMENT REGULATIONS 2006
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PLANNING
AND DEVELOPMENT REGULATIONS 2006
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Table
of Contents
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(Text in italics refers to the Article in 2001
Regulations)
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Page
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1.
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Citation and
commencement.
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2
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2.
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Interpretation.
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2
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3.
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Amendment of Article (3) of the Regulations
Interpretation
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2
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4.
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Amendment of Article 7 of the Regulations.
Development
under other enactments
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2
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5.
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Substitution of Article 13 of the
Regulations.
Authorities
prescribed under sections 11, 12 and 13 of the Act.
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2
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6.
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Substitution of Article 14 of the
Regulations.
Authorities
prescribed under section 20 of Act.
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4
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7.
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Substitution of Article 15 of the Regulations
Authorities
prescribed under section 24 of the Act.
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4
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8.
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Substitution of
Part 4 of the Regulations
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6
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PART 4: Control of Development
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Chapter 1 Permission Regulations
- planning applications and decisions
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16.
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Planning
application accompanied by EIS or which relates to establishment to which
Major Accident Regulations apply.
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6
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17.
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Notice of
planning application.
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6
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18
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Notice in
newspaper
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7
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19.
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Site notice.
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9
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20.
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Time limits for
site notice.
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10
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21.
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Restriction on
outline application.
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10
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22.
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Content of
planning applications generally.
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11
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22A
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Specified
additional information to be submitted with applications.
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14
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23.
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Requirements for
particulars to accompany an application under article 22.
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14
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24.
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Plans and
particulars to accompany application for outline permission.
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17
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25.
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Planning
application by electricity undertaking.
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17
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26.
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Procedure on
receipt of planning application.
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17
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27.
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Weekly list of
planning applications.
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19
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28.
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Notice to certain
bodies.
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22
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29.
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Submissions or
observations in relation to planning application.
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29
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29A.
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Allowance for
public holidays, etc.
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30
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30.
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Minimum period
for determination of planning application.
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30
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31.
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Notification of
decision on planning application.
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31
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32.
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Weekly list of
planning decisions.
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32
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Chapter 2 Permission
Regulations - Further information and other matters
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33.
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Further
information.
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34
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34.
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Revised plans.
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35
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35.
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Notice of further
information or revised plans.
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35
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36.
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Prescribed notice
for material contravention.
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39
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37.
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Withdrawal of
planning application.
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40
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38.
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Provision of
forms and instructions.
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40
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39.
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Provision of
certain information to Minister.
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40
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Chapter 3 Extension
of duration of planning permission
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40.
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Interpretation
for this Chapter.
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41
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41.
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Time limits for
extensions of time.
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41
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42.
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Content of
application to extend appropriate period.
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41
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43.
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Content of
application to further extend appropriate period.
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42
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44.
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Procedure on
receipt of application to extend appropriate period.
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42
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45.
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Further
information.
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43
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46.
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Notification of
decision on application.
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44
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47.
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Weekly list.
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44
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9.
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Amendment of Article 52 of the Regulations
Prescribed
bodies under section 55(1) of Act.
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45
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10.
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Amendment of Article 55 of the Regulations
Prescribed
bodies under section 85 of Act.
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45
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11.
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Amendment of Article 64 of the Regulations
Prescribed
organisations for purposes of section 106(1) of Act.
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45
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12.
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Amendment of Article 67 of the Regulations
Interpretation
for this chapter (Appeals and Referrals and other functions of the Board).
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47
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13.
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Amendment of Article 68 of the Regulations
Availability
of documents relating to appeals and referrals.
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47
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14.
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Substitution of Article 72 of the Regulations.
Board's weekly
list.
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48
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15.
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Amendment of Article 74 of the Regulations
Notification
by Board of decisions on appeals or referrals.
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51
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16.
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Amendment of Article 76 of the Regulations
Notice etc. of
oral hearing.
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52
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17.
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Amendment of Articles 81 of the Regulations
Notice of
proposed development.
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53
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18.
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Amendment of Article 82 of the Regulations
Notice of
proposed development to certain bodies.
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53
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19.
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Amendment of Article 83 of the Regulations
Availability
for inspection of documents, particulars and plans.
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57
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20.
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Amendment of Article 87 of the Regulations
Public notice
of proposed development.
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57
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21.
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Amendment of Article 88 of the Regulations
Notice of
proposed development to certain bodies.
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58
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22.
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Amendment of Article 89 of the Regulations
Availability
for inspection of plans and particulars.
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58
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23.
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Amendment of Article 92 of the Regulations
Interpretation
for this Part (Environmental Impact Assessment).
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58
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24.
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Amendment of Article 95 of the Regulations
Procedure for
scoping requests.
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58
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25.
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Amendment of Article 103 of the Regulations
Requirement to
submit EIS with sub-threshold planning application.
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60
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26.
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Amendment of Article 105 of the Regulations
Further notice
where planning authority requires EIS.
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60
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27.
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Amendment of Article 112 of the Regulations
Newspaper
notice.
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60
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28.
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Amendment of Article 120 of the Regulations
Sub-threshold
EIS.
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60
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29.
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Amendment of Article 121 of the Regulations
Notice to
certain bodies
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60
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30.
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Amendment of Article 123 of the Regulations
Notice of
Board's decision on application for approval.
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64
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31.
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Amendment of
Part 10 of the Regulations
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64
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Chapter 5 - Transboundary
Environmental Effects
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124.
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Transboundary
environmental effects - notification of Minister.
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64
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125.
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Transboundary
environmental effects - information to Minister.
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66
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126.
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Transboundary
consultation.
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67
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127.
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Notification of
Board by planning authority.
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68
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128.
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Request for
further information.
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68
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129.
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Notice of further
information to Minister and transboundary State.
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71
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130.
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Minimum period
for determining planning application, appeal or application for approval.
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72
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130A.
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Inclusion of
notice of transboundary effects in weekly list
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72
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131.
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Notice of
decision.
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72
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132.
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Public notice of
information received pursuant to request under section 174(4) of Act.
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72
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32.
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Amendment of Part 11 of the Regulations
Major Accidents Directive
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74
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33.
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Amendment of Article 137 of the Regulations
Notice to
National Authority for Occupational Safety and Health
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74
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34.
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Amendment of Article 141 of the Regulations
Notice to
National Authority for Occupational Safety and Health.
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75
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35.
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Amendment of Article 143 of the Regulations
Notice of
local authority development to National Authority for Occupational Safety
and Health.
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75
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36.
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Amendment of Article 147 of the Regulations
Notice of
proposed local authority development to National Authority for
Occupational Safety and Health.
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75
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37.
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Amendment of Article 150 of the Regulations
Notice of
proposed state authority development to National Authority for
Occupational Safety and Health.
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76
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38.
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Amendment of Article 179 of the Regulations
Authorities
prescribed under section 169 of Act.
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76
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39.
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Amendment of Article 182 of the Regulations
Interpretation
for this Part (Licensing of outdoor events).
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78
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40.
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Amendment of Article 187 of the Regulations
Form and
content of application.
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78
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41.
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New Part 18
of the Regulations
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78
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PART 18 - Strategic
Infrastructure Development
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209
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Interpretation
for this Part
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78
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210
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Pre-application
discussions
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79
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211
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Consultations on
information to be contained in an environmental impact statement.
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80
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212
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Additional
requirement for public notice in respect of application.
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81
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213
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Prescribed bodies
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81
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214
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Application
procedure
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85
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215
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Major Accidents
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86
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216
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Weekly list
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87
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217
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Submissions or
observations in relation to an application
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88
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218
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Further
information, submissions, meetings etc.
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89
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219
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Content of notice
of Board's decision on application for permission.
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90
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220
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Content of
decision on application for approval of strategic infrastructure
development.
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90
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221
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Notice under
146C(4)
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90
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222
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Application of
this Part
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91
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42.
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Amendment of Schedule 3 of the Regulations.
Prescribed notices.
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91
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Form 1 (Site notice)
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92
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Form 2 (Application form)
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94
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Form 3 (Acknowledgement of
receipt of submission or observation)
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108
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Form 4 (Notice of proposed
material contravention of a development plan)
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109
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Form 5 (Site Notice of
Further Information/Revised Plans)
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111
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S.I. No. 685 of 2006
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PLANNING AND
DEVELOPMENT REGULATIONS 2006.
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The Minister for
the Environment, Heritage and Local Government, in exercise of the powers
conferred on him by sections 11, 12, 13, 20, 24, 33, 34, 37D, 37E, 371, 55,
85, 97, 106, 169, 173, 174, 175, 182A, 182B, 182C, 182D and 262 of the Planning and
Development Act 2000 , as amended by the Planning and
Development (Strategic Infrastructure) Act 2006 , hereby makes
the following Regulations:
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Citation and commencement.
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1. (1) (a) These
Regulations may be cited as the Planning and Development Regulations 2006.
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(b) These
Regulations and the Planning and Development Regulations 2001 to 2006 shall
be construed as one and may be collectively cited as the Planning and
Development Regulations 2001 to 2006.
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(2) (a) Articles
1 and 2 shall come into force on the date of signing of these regulations.
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(b) Articles
3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 21, 22, 24, 25, 26, 27,
28, 29, 30, 32, 33, 34, 35, 36, 38, 39, 40 and 42 shall come into force on
the 31st March 2007.
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(c) Articles
11, 12, 20, 23, 31, 37 and 41 shall come into force on the 31st
January 2007.
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Interpretation.
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2. In
these Regulations, unless otherwise stated,
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“the Act” means the Planning and
Development Act 2000 (as amended by the Planning and
Development (Strategic Infrastructure) Act 2006 ),
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“the Regulations” means the Planning and
Development Regulations 2001.
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Amendment of Article (3) of the Regulations.
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3. Article
3 of the Regulations is amended by the substitution of
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““Major Accident Regulations” means the
European Communities (Control of Major Accident Hazards Involving Dangerous
Substances) Regulations 2006 ( S.I. No. 74 of
2006 );” for the definition of “Major Accidents Regulations”.
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Amendment of Article 7 of the Regulations.
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4. Article
7(1) of the Regulations is amended by the substitution of “section 86(8) of
the Environmental
Protection Agency Act 1992 (No.7 of 1992), as amended” for
“section 84(4)(a) of the Environmental
Protection Agency Act, 1992 (No.7 of 1992)”.
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Substitution of Article 13 of the Regulations.
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5. Article
13 of the Regulations is substituted by the following article:
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“13. The prescribed
authorities for the purposes of sections 11, 12 and 13 of the Act shall be—
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(a) the
Minister,
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(b) the
Board,
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(c) the
Minister for Agriculture and Food.
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(d) the
Minister for Community, Rural and Gaeltacht Affairs,
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(e) the
Minister for Defence,
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(f) the
Minister for Education and Science.
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(g) the
Minister for Communications, Marine and Natural Resources,
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(h) the
Minister for Transport,
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(i) Dublin
Airport Authority,
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(j) Fáilte
Ireland,
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(k) the
Central Fisheries Board,
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(l) An
Chomhairle Ealaíon,
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(m) the
Commissioners,
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(n) in
the case of a planning authority, any part of whose functional area is
affected by the DTI Strategy, the Dublin Transportation Office (or any body
that replaces that office),
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(o) the
Electricity Supply Board,
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(p) Forfás,
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(q) the
Health Service Executive,
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(r) the
Heritage Council,
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(s) the
Health and Safety Authority,
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(t) the
National Roads Authority,
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(u) the
appropriate Regional Fisheries Board,
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(v) in
the case of a planning authority, any part of whose functional area is
situated within the functional area of the Shannon Free Airport Development
Company Ltd., that Company,
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(w) An
Taisce — the National Trust for Ireland,
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(x) any
planning authority whose area is contiguous to the area of the planning
authority that prepared the draft,
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(y) any
local authority, including town councils, and any city and county
development board in the area to which the draft relates, and
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(z) the
regional authority or regional assembly within whose region the functional
area of the planning authority is situated, and any regional authority whose
region is contiguous to the region of the first-mentioned authority.”.
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Substitution of Article 14 of the Regulations.
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6. Article
14 of the Regulations is substituted by the following article:
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“14. The prescribed
authorities for the purposes of section 20 of the Act shall be -
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(a) the
Minister,
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(b) any
local authority, including town councils, in the area to which the local
area plan, proposed local area plan or proposed amended plan, as
appropriate, relates, and any relevant city and county development board,
and
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(c) any
planning authority whose area is contiguous to the area to which the local
area plan, proposed local area plan or proposed amended plan, as
appropriate, relates.”.
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Substitution of Article 15 of the Regulations.
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7. Article
15 of the Regulations is substituted by the following article:
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“15. The prescribed
authorities for the purposes of section 24 of the Act shall be -
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(a) the
Minister,
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(b) the
Board,
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(c) the
Minister for Agriculture and Food,
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(d) the
Minister for Community, Rural and Gaeltacht Affairs,
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(e) the
Minister for Defence,
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(f) the
Minister for Education and Science,
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(g) the
Minister for Communications, Marine and Natural Resources,
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(h) the
Minister for Transport,
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(i) Dublin
Airport Authority,
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(j) Fáilte
Ireland,
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(k) the
Central Fisheries Board and any Regional Fisheries Board whose area is
within the region for which the guidelines are prepared,
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(l) An
Chomhairle Ealaíon,
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(m) the
Commissioners,
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(n) in
any case where the Dublin Docklands Area is within the region for which the
guidelines are prepared, to the Dublin Docklands Development Authority,
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(o) in
any case where an area which is affected by the DTI Strategy is within the
region for which the guidelines are prepared, the Dublin Transportation
Office (or any body which replaces that office),
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(p) the
Electricity Supply Board,
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(q) Forfás,
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(r) the
Health Service Executive,
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(s) the
Heritage Council,
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(t) the
Health and Safety Authority,
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(u) the
National Roads Authority,
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(v) in
any case where the functional area of the Shannon Free Airport Development
Company Ltd. is within the region for which the guidelines are prepared,
that Company,
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(w) An
Taisce — the National Trust for Ireland,
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(x) any
regional authority whose area is contiguous to the region for which the
guidelines are prepared,
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(y) the
regional assembly within whose region the region for which the guidelines
are prepared is situated, and
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(z) any
local authority, including town councils, in the region for which the
guidelines are prepared.”.
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Substitution of Part 4 of the Regulations.
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8. Part
4 of the Regulations is substituted by the following Part:
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“PART 4
Control of Development
Chapter 1
Permission Regulations - planning applications and
decisions
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Planning
application accompanied by EIS or which relates to establishment to which
Major Accident Regulations apply.
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16. (1) Any
person who makes a planning application which is required to be
accompanied by an EIS in accordance with section 172 of the Act or these
Regulations shall comply with the requirements of Part 10 in addition to
the requirements of this Part.
(2) Any
planning application for development of a type referred to in article
137(1)(a) shall be subject to the requirements of Part 11 in addition to
the requirements of this Part.
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Notice
of planning application.
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17. (1) An
applicant shall within the period of 2 weeks before the making of a
planning application —
(a) give
notice of the intention to make the application in a newspaper in
accordance with article 18, and
(b) give
notice of the intention to make the application by the erection or fixing
of a site notice in accordance with article 19.
(2) Where
the last day of the 2 week period referred to in sub-article (1) is a
Saturday, Sunday, a public holiday (within the meaning of the Organisation
of Working Time Act 1997 (No. 20 of 1997)), or any other day on
which the offices of the planning authority are closed, the application
shall be valid if received on the next following day on which the offices
of the planning authority are open.
(3) The
requirement of sub-article (1)(b) shall not apply in relation to a
planning application for development consisting of the construction or
erection by an electricity undertaking of overhead transmission or
distribution lines for conducting electricity. or development consisting
of the construction or erection by any statutory undertaker authorised to
provide a telecommunications service of overhead telecommunications lines.
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Notice
in newspaper.
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18. (1) A
notice published in accordance with article 17(1)(a) shall be published in
a newspaper approved for this purpose in accordance with sub-article (2),
shall contain as a heading the name of the planning authority to which the
planning application will be made and shall state—
(a) the
name of the applicant,
(b) the
location, townland or postal address of the land or structure to which the
application relates (as may be appropriate),
(c) whether
the application is for permission for development, permission for
retention of development, outline permission for development or permission
consequent on the grant of outline permission (stating the reference
number on the register of the relevant outline permission),
(d) a
brief description of the nature and extent of the development, including -
(i) where
the application relates to development consisting of or comprising the
provision of houses, the number of houses to be provided,
(ii) where
the application relates to the retention of a structure, the nature of the
proposed use of the structure and, where appropriate, the period for which
it is proposed to retain the structure,
(iii) where
the application relates to development which would consist of or comprise
the carrying out of works to a protected structure or proposed protected
structure, an indication of that fact,
(iv) where
the application relates to development which comprises or is for the
purposes of an activity requiring an integrated pollution prevention and
control licence or a waste licence, an indication of that fact, or
(v) where
a planning application relates to development in a strategic development
zone, an indication of that fact,
and
(e) that
the planning application may be inspected, or purchased at a fee not
exceeding the reasonable cost of making a copy, at the offices of the
planning authority during its public opening hours and that a submission
or observation in relation to the application may be made to the authority
in writing on payment of the prescribed fee within the period of 5 weeks
beginning on the date of receipt by the authority of the application.
(2) (a) For
the purposes of these Regulations, each planning authority shall approve a
list of the newspapers, including national newspapers, it considers have a
sufficiently large circulation in its functional area, and different
newspapers may be approved in respect of different parts of such
functional area.
(b) The
list referred to in paragraph (a) shall be reviewed by the planning
authority as may be appropriate and at least once a year.
(c) The
list referred to in paragraph (a) shall be displayed in or at the offices
of the planning authority or at any other place or by any other means,
including in electronic form, that the authority considers appropriate,
and copies shall be made available at the offices of the planning
authority during office hours, free of charge.
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Site
notice.
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19. (1) A
site notice erected or fixed on any land or structure in accordance with
article 17(1)(b) shall be—
(a) in
the form set out at Form No. 1 of Schedule 3, or a form substantially to
the like effect,
(b) subject
to sub-article (4), inscribed or printed in indelible ink on a white
background, affixed on rigid, durable material and secured against damage
from bad weather and other causes, and
(c) subject
to sub-article (2), securely erected or fixed in a conspicuous position on
or near the main entrance to the land or structure concerned from a public
road, or where there is more than one entrance from public roads, on or
near all such entrances, or on any other part of the land or structure
adjoining a public road, so as to be easily visible and legible by persons
using the public road, and shall not be obscured or concealed at any time.
(2) Where
the land or structure to which a planning application relates does not
adjoin a public road, a site notice shall be erected or fixed in a
conspicuous position on the land or structure so as to be easily visible
and legible by persons outside the land or structure, and shall not be
obscured or concealed at any time.
(3) Where
a planning authority considers that the erection or fixing of a single
site notice is not sufficient to comply with the requirements of
sub-articles (1) and (2), or does not adequately inform the public, the
authority may require the applicant to erect or fix such further site
notice or notices in such a manner and in such terms as it may specify and
to submit to the authority such evidence as it may specify in relation to
compliance with any such requirements.
(4) Where
a valid planning application is made in respect of any land or structure,
and a subsequent application is made within 6 months from the date of
making the first-mentioned application in respect of land substantially
consisting of the site or part of the site to which the first-mentioned
application related, in lieu of the requirements of sub-article (1)(b),
the site notice for the subsequent application shall be inscribed or
printed in indelible ink on a yellow background and affixed on rigid,
durable material and be secured against damage from bad weather and other
causes.
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Time
limits for site notice.
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20. In
addition to the requirements of article 17(1)(b), a site notice shall be
maintained in position on the land or structure concerned for a period of
5 weeks from the date of receipt of the planning application by the
planning authority, shall be renewed or replaced if it is removed or
becomes defaced or illegible within that period and shall be removed by
the applicant following the notification of the planning authority
decision under article 31.
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Restriction
on outline application.
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21. Notwithstanding
section 36 of the Act, an outline application may not be made for
permission for —
(a) retention
of development,
(b) development
which would consist of or comprise the carrying out of works to a
protected structure or a proposed protected structure, or
(c) development
which comprises or is for the purposes of an activity requiring an
integrated pollution control licence or a waste licence.
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Content
of planning applications generally.
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22. (1) A
planning application under section 34 of the Act shall be in the form set
out at Form No. 2 of Schedule 3, or a form substantially to the like
effect.
(2) A
planning application referred to in sub-article (1) shall be accompanied
by -
(a) the
relevant page of the newspaper, or a copy of the relevant page, including
the date and title of the newspaper, in which notice of the application
has been published pursuant to article 17(1)(a), and a copy of the site
notice erected or fixed on the land or structure pursuant to article
17(1)(b),
(b) 6
copies of a location map of sufficient size and containing details of
features in the vicinity such as to permit the identification of the site
to which the application relates, to a scale (which shall be identified
thereon) of not less than 1:1000 in built up areas and 1:2500 in all other
areas, or such other scale as may be agreed with the planning authority
prior to the submission of the application, in any particular case and
marked so as to identify clearly:
(i) the
land or structure to which the application relates and the boundaries
thereof in red,
(ii) any
land which adjoins, abuts or is adjacent to the land to be developed and
which is under the control of the applicant or the person who owns the
land which is the subject of the application in blue.
(iii) any
wayleaves in yellow, and
(iv) the
position of the site notice or notices erected or fixed to the land or
structure pursuant to article 17(1)(b),
(c) where
it is proposed to dispose of wastewater from the proposed development
other than to a public sewer, information on the on-site treatment system
proposed and evidence as to the suitability of the site for the system
proposed,
(d) the
documents, particulars, plans, drawings and maps referred to in
sub-article (4),
(e) in
the case of an application for permission for the development of houses or
of houses and other development, to which section 96 of the Act applies,
proposals as to how the applicant proposes to comply with a condition
referred to in sub-section (2) of that section to which the permission, if
granted, would be subject,
(f) where
appropriate, a certificate issued by the planning authority in accordance
with section 97 of the Act, or if such certificate has been applied for
but not issued, a copy of the application made in accordance with article
48,
(g) where
the applicant is not the legal owner of the land or structure concerned,
the written consent of the owner to make the application, and
(h) the
appropriate fee as set out in Schedule 9.
(3) Where
the planning authority consents to the making of a planning application
wholly or partly in electronic form, an application or any part thereof
may be made by the applicant in that form; where that occurs, one copy of
the application or part thereof will be sufficient.
(4) Subject
to articles 24 and 25 -
(a) a
planning application in respect of any development consisting of or mainly
consisting of the carrying out of works on, in, over or under land or for
the retention of such works shall be accompanied by 6 copies of such plans
(including a site or layout plan and drawings of floor plans, elevations
and sections which comply with the requirements of article 23), and such
other particulars, as are necessary to describe the works to which the
application relates,
(b) a
planning application for any development consisting of or mainly
consisting of the making of any material change in the use of any
structure or other land, or for the retention of any such material change
of use, shall be accompanied by-
(i) a
statement of the existing use and of the use proposed together with
particulars of the nature and extent of any such proposed use,
(ii) where
the development to which the application relates comprises the carrying
out of works on, in, over or under the structure or other land, 6 copies
of such plans (including a site or layout plan and drawings of floor
plans, elevations and sections which comply with the requirements of
article 23), and such other particulars, as are necessary to describe the
works proposed, and
(iii) such
plans and such other particulars as are necessary to identify the area to
which the application relates.
(5) Notwithstanding
paragraph (a) of sub-article (4), drawings of floor plans are not required
to be submitted in respect of a structure, other than a protected
structure or a proposed protected structure, that is proposed to be
demolished.
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Specified
additional information to be submitted with application.
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22A. (1) In
addition to the information required by article 22, the planning authority
may require the applicant to submit with the planning application
specified additional information.
(2) No
planning application shall be invalidated under article 26 for failure to
submit with the application any information or particulars requested under
sub-article (1).
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Requirements
for particulars to accompany an application under article 22.
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23. (1) Plans,
drawings and maps accompanying a planning application in accordance with
article 22 shall all be in metric scale and comply with the following
requirements:
(a) site
or layout plans shall be drawn to a scale (which shall be indicated
thereon) of not less than 1:500 or such other scale as may be agreed with
the planning authority prior to the submission of the application, the
site boundary shall be clearly delineated in red, and buildings, roads,
boundaries, septic tanks and percolation areas, bored wells, significant
tree stands and other features on, adjoining or in the vicinity of the
land or structure to which the application relates shall be shown,
(b) other
plans, elevations and sections shall be drawn to a scale of not less than
1:200 (which shall be indicated thereon), or such other scale as may be
agreed with the planning authority prior to the submission of the
application in any particular case,
(c) the
site layout plan and other plans shall show the level or contours, where
applicable, of the land and the proposed structures relative to Ordnance
Survey datum or a temporary local benchmark, whichever is more
appropriate,
(d) drawings
of elevations of any proposed structure shall show the main features of
any buildings which would be contiguous to the proposed structure if it
were erected, whether on the application site or in the vicinity, at a
scale of not less than 1:200, as may be appropriate, and where the
development would involve work to a protected structure or proposed
protected structure, shall show the main features of any buildings within
the curtilage of the structure which would be materially affected by the
proposed development,
(e) plans
relating to works comprising reconstruction, alteration or extension of a
structure shall be so marked or coloured as to distinguish between the
existing structure and the works proposed,
(f) plans
and drawings of floor plans, elevations and sections shall indicate in
figures the principal dimensions (including overall height) of any
proposed structure and the site, and site or layout plans shall indicate
the distances of any such structure from the boundaries of the site.
(g) any
map or plan which is based on an Ordnance Survey map shall indicate the
relevant Ordnance Survey sheet number, and
(h) the
north point shall be indicated on all maps and plans other than drawings
of elevations and sections and maps or plans referred to in paragraph (g)
of the this sub-article.
(2) A
planning application for development consisting of or comprising the
carrying out of works to a protected structure, or proposed protected
structure or to the exterior of a structure which is located within an
architectural conservation area, shall, in addition to meeting the
requirements of sub-article (1), be accompanied by such photographs, plans
and other particulars as are necessary to show how the development would
affect the character of the structure.
(3) Where
a planning authority considers it appropriate it may require an applicant
to submit an assessment of the impact of the proposed development on
transport in the area, including impact on roads.
(4) A
planning authority may, by notice in writing, require an applicant to
provide additional copies of any plan, drawing, map, photograph or other
particular which accompanies the planning application.
(5) In
addition to the requirements of article 22, a planning authority may
request an applicant to provide a scale model of a proposed development
including land and buildings in the vicinity, showing the elevations and
perspective of the proposed development and any other photographs, plans,
maps, drawings or other material or particulars required by the planning
authority to assess an application.
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Plans
and particulars to accompany application for outline permission.
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24. Notwithstanding
article 22(2)(d), an outline application shall, in addition to the
requirements of article 22(2), be accompanied only by such plans and
particulars as are necessary to enable the planning authority to make a
decision in relation to the siting, layout or other proposals for
development in respect of which a decision is sought.
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Planning
application by electricity undertaking.
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25. (1) Article
22(4) shall not apply to a planning application for development consisting
of the construction or erection by an electricity undertaking of overhead
transmission or distribution lines for conducting electricity.
(2) A
planning application referred to in sub-article (1) shall, in addition to
the requirements of article 22(2), be accompanied by 6 copies of such
plans and drawings drawn to a scale of not less than 1:100, as are necessary
to describe any form of structure or apparatus which will support, or form
part of, the lines referred to in the said sub-article.
(3) (a) A
reference to article 22 in any other provision of these Regulations shall,
in the case of a planning application referred to in sub-article (1), be
construed as a reference to this article.
(b) Article
23(1), other than paragraphs (g) and (h) thereof, shall not apply to a
planning application referred to in sub-article (1).
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Procedure
on receipt of planning application.
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26. (1) On
receipt of a planning application, a planning authority shall consider
whether the applicant has complied with the requirements of articles 18,
19(1)(a) and 22 and, as may be appropriate, of article 24 or 25.
(2) Where
a planning authority considers that a planning application complies with
the requirements of articles 18, 19(1)(a) and 22 and, as may be
appropriate, of article 24 or 25, it shall stamp each document with the
date of its receipt and send to the applicant an acknowledgement stating
the date of receipt of the application.
(3) Where,
following consideration of an application under sub-article (1), a
planning authority considers that-
(a) any
of the requirements of articles 18, 19(1)(a) or 22 and, as may be
appropriate, of article 24 or 25 has not been complied with, or
(b) the
notice in the newspaper or the site notice, because of its content or for
any other reason, is misleading or inadequate for the information of the
public,
the planning application
shall be invalid.
(4) Where,
on inspection of the land to which the application relates, the planning
authority considers that the requirements of articles 17(1)(b), 19 or 20
have not been met, or the information submitted in the planning
application is substantially incorrect or substantial information has been
omitted, the planning application shall, notwithstanding the fact that an
acknowledgement has been sent to an applicant in accordance with
sub-article (2), be invalid.
(5) A
planning authority shall as soon as may be after receipt of an invalid
application-
(a) by
notice in writing-
(i) inform
the applicant that the application is invalid and cannot be considered by
the planning authority,
(ii) indicate
which requirements of the permission regulations have not been complied
with, and
(iii) request
the applicant to remove the site notice or notices erected or fixed
pursuant to article 17(1)(b).
(b) return
to the applicant the planning application, including all particulars,
plans, drawings and maps, and
(c) enter
an indication on the register that an invalid application has been made.
(6) Where
a notice is served in accordance with sub-article (5) on an applicant, the
planning authority shall return to the applicant any fee paid with the
application.
(7) Sub-articles
(3) and (4) shall not apply where the planning authority is satisfied that
the applicant complied with the provisions of articles 17, 18 and 19 but
that any site notice erected by the applicant has been maliciously defaced
or destroyed by any person other than the applicant.
(8) Where
a notice is served in accordance with sub-article (5) on an applicant, the
planning authority shall by notice in writing—
(a) inform
any person or body who has made a submission or observation in accordance
with article 29(1) of that fact and return any fee paid in respect of any
such submission or observation, and
(b) inform
any body to whom notice was sent in accordance with article 28(2) of that
fact.
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Weekly
list of planning applications.
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27. (1) A
planning authority shall, not later than the fifth working day following a
particular week, make available in accordance with sub-article (2) a list
of the planning applications received by the authority during that week.
(2) A
list referred to in sub-article (1) shall have a banner heading stating
that, under section 34 of the Act, the applications for permission may be
granted permission, subject to or without conditions, or refused and shall
indicate in respect of each planning application received during the week
to which the list relates—
(a) the
name and address of the applicant,
(b) whether
the application is for permission for development, permission for
retention of development, outline permission for development or permission
consequent on the grant of outline permission (stating the reference
number on the register of the relevant outline permission),
(c) the
location, townland or postal address of the land or structure to which the
application relates (as may be appropriate),
(d) the
nature and extent of the development, including-
(i) where
the application relates to development consisting of or comprising the
provision of houses, the number of houses to be provided,
(ii) where
the application relates to the retention of a structure, the nature of the
proposed use of the structure and where appropriate, the period for which
it is proposed to be retained,
(iii) where
development relates to a protected structure or a proposed protected
structure, an indication of that fact,
(iv) where
the application relates to development which comprises or is for the
purposes of an activity requiring an integrated pollution control licence
or a waste licence, an indication of that fact,
(v) where
a planning application relates to development in a strategic development
zone, an indication of that fact,
and
(e) the
date of receipt of the application.
(3) A
list referred to in sub-article (1) shall, in addition to the requirements
of sub-article (2), indicate any planning application in respect of which—
(a) the
planning authority has served a notice under article 26(5),
(b) further
information or evidence or revised plans, drawings or particulars have
been received by the planning authority pursuant to a requirement under
articles 33 or 34.
(4) A
planning authority may include in a list referred to in sub-article (1)
any other information in respect of planning applications which the
authority considers appropriate.
(5) (a) The
list referred to in sub-article (1) shall, for a period of not less than 8
weeks beginning on the day on which it is made available for inspection,
be made available in or at the offices of the planning authority, and in
each public library and mobile library in the functional area of the
authority, in a position convenient for inspection during office hours and
at any other place or by any other means, including in electronic form,
that the authority considers appropriate.
(b) Copies
of the list referred to in sub-article (1) shall, for a period of not less
than 8 weeks beginning on the day on which it is made available, be made
available at the offices of the planning authority during office hours,
free of charge or for such fee as the authority may fix not exceeding the
reasonable cost of making a copy and shall be sent, on request, to any
person or body, free of charge or for such fee, not exceeding the
reasonable cost of making the copy and the cost of postage, as the
authority may fix.
(c) A
list referred to in sub-article (1) shall be made available to the members
of the planning authority in such manner as they may, by resolution,
direct.
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Notice
to certain bodies.
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28. (1) Where
a planning authority receives a planning application, the authority shall,
except in the case of an application in respect of which a notice in
accordance with article 26(5) has been or will be given, send notice in
accordance with sub-article (2) as soon as may be after receipt of the
application—
(a) where
it appears to the authority that the land or structure is situated in an
area of special amenity, whether or not an order in respect of that area
has been confirmed under section 203 (or deemed to be so confirmed under
section 268(1)(c)) of the Act, or that the development or retention of the
structure might obstruct any view or prospect of special amenity value or
special interest — to An Chomhairle Ealaíon, Fáilte Ireland, and An Taisce
— the National Trust for Ireland,
(b) where
it appears to the authority that the development might obstruct or detract
from the value of any tourist amenity or tourist amenity works—to Fáilte
Ireland,
(c) where
it appears to the authority that the development—
(i) would
involve the carrying out of works to a protected structure or proposed
protected structure, or to the exterior of a structure which is located
within an architectural conservation area,
(ii) might
detract from the appearance of a structure referred to in sub-paragraph
(i).
(iii) might
affect or be unduly close to-
(I) a
cave, site, feature or other object of archaeological, geological,
scientific, ecological or historical interest,
(II) a
monument or place recorded under section 12
of the National
Monuments (Amendment) Act 1994 (No. 17 of 1994),
(III) a
historic monument or archaeological area entered in the Register of
Historic Monuments under Section 5
of the National
Monuments (Amendment) Act 1987 (No. 17 of 1987),
(IV) a
national monument in the ownership or guardianship of the Minister under
the National Monuments Acts 1930 to 2004, or
(iv) might
obstruct any scheme for improvement of the surroundings of, or any means
of access to, any structure, place, feature or object referred to in
sub-paragraph (iii),
– to
the Minister, the Heritage Council, and An Taisce – the National Trust for
Ireland, and in the case of development of a type referred to in
sub-paragraph (i) or (ii), An Chomhairle Ealaíon and Fáilte Ireland.
(d) where
it appears to the authority that the area of another local authority might
be affected by the development — to that local authority.
(e) where
it appears to the authority that the development would not be consistent
with or would materially contravene any regional planning guidelines (or
any objective thereof) of a regional authority—to that regional authority,
(f) where
it appears to the authority that if permission were granted, a condition
should be attached under section 34 (4)(m) of the Act— to any local
authority (other than the planning authority) who would be affected by any
such condition,
(g) where
it appears to the authority that -
(i) the
development might cause the significant abstraction or addition of water
either to or from surface or ground waters, whether naturally occurring or
artificial,
(ii) the
development might give rise to significant discharges of polluting matters
or other materials to such waters or be likely to cause serious water
pollution or the danger of such pollution, or
(iii) the
development would involve the carrying out of works in, over, along or
adjacent to the banks of such waters, or to any structure in, over or
along the banks of such waters, which might materially affect the waters,
—to the
appropriate Regional Fisheries Board and, in any case where the waters
concerned are listed in Part 1 of Annex 1 of the Schedule to the British-Irish
Agreement Act, 1999 (No. 1 of 1999), to Waterways Ireland,
(h) where
it appears to the authority that the development might endanger or
interfere with the safety of, or the safe and efficient navigation of
aircraft — to the Irish Aviation Authority,
(i) where
it appears to the authority that the development might interfere with the
operation and development of a licensed airport, whose annual traffic is
not less than 1 million passenger movements — to the airport operator,
(j) where
the development may have an impact on bus or rail-based transport, Córas
Iompair Éireann and the Railway Procurement Agency, as appropriate,
(k) where
it appears to the authority that -
(i) the
development consists of or comprises the formation, laying out or material
widening of an access to a national road within the meaning of section 2
of the Roads Act
1993 (No. 14 of 1993), not being a national road within a
built-up area within the meaning of section 45
of the Road Traffic
Act 1961 , or
(ii) the
development might give rise to a significant increase in the volume of
traffic using a national road,
— to the
National Roads Authority,
(l) where
the development might significantly impact on surface transport in the
Greater Dublin Area, the Dublin Transportation Office (or any body that
replaces that office),
(m) where
the development comprises or is for the purposes of an activity requiring
an integrated pollution control licence or a waste licence— to the
Environmental Protection Agency,
(n) where
it appears to the authority that the development might have significant
effects in relation to nature conservation—to the Heritage Council, the
Minister and An Taisce - the National Trust for Ireland,
(o) where
the development is in a Gaeltacht area and it appears to the authority
that it might materially affect the linguistic and cultural heritage of
the Gaeltacht, including the promotion of Irish as the community language
— to the Minister for Community, Rural and Gaeltacht Affairs and Údarás na
Gaeltacht,
(p) where
the development is in the vicinity of an explosives factory, storage
magazine or local authority explosives store—to the Minister for Justice,
Equality and Law Reform,
(q) where
the application relates to development for the purposes of breeding or
rearing of salmonid fish — to the Minister for Communications, Marine and
Natural Resources and the appropriate Regional Fisheries Board,
(r) where
the application relates to development for the purposes of initial
afforestation or the replacement of broadleaf high forest by conifer
species — to the Minister for Agriculture and Food, The Heritage Council
and An Taisce - the National Trust for Ireland,
(s) where
it appears to the authority that the development might have significant
effects on public health — to the Health Service Executive.
(t) where
the application relates to extraction of minerals within the meaning of
the Minerals Development Acts, 1940 to 1995 — to the Minister for Communications,
Marine and Natural Resources.
(u) where
it appears to the authority that the development might impact on the
foreshore—to the Minister for Communications. Marine and Natural
Resources,
(v) where
the application relates to the development of energy infrastructure, or
may have an impact on energy infrastructure — the Commission for Energy
Regulation,
(w) where
the development might -
(i) give
rise to a significant increase in the volume or type of traffic (including
construction traffic) passing under a height restricted railway bridge, or
using a railway level crossing, or a bridge over a railway,
(ii) because
of its proximity to a railway, impact on the structural integrity of
railway infrastructure during construction of the development, or
(iii) endanger
or interfere with the safe operation of a railway, during or after
construction
- to the
railway operator, the Railway Safety Commission, and, in the case of
development which might impact on a light railway or metro, the Railway
Procurement Agency,
(x) where
the application relates to-
(i) the
extraction of minerals, other than minerals within the meaning of the
Minerals Development Acts 1940-1999, whether by surface or underground
means,
(ii) the
development of, or extensions to, quarries, including sand or gravel pits,
for the extraction of earth materials, or
(iii) a
development which, for other purposes, requires the excavation of earth
materials greater than a total volume of 50,000m3 or the
excavation of earth materials on a site area greater than 1 hectare
- to
the Minister for Communications, Marine and Natural Resources.
(2) Notice
given by a planning authority pursuant to sub-article (1) shall include a
copy of the planning application referred to in article 22(1) and of the
location map referred to in article 22(2)(b) and shall state-
(a) the
date of receipt by the authority of the application, and
(b) that
any submission or observation made to the authority in relation to the
application before the decision is made on the application will be taken
into account by the authority in making its decision on the application.
(3) Where
a prescribed body which has been notified under sub-article (2) requests a
copy of some or all of the documentation accompanying the planning
application the planning authority shall make that documentation available
to the prescribed body as soon as possible.
(4) A
reference in sub-article (1) to Fáilte Ireland shall, in the case of a
planning application relating to land or a structure situated in the
functional area of the Shannon Free Airport Development Company Limited,
be construed as a reference to that Company.
(5) The
planning authority shall acknowledge any submissions or observations as
soon as may be after receipt in the form set out at Form No. 3 of Schedule
3, or a form substantially to the like effect.
(6) Where
a prescribed body to whom notice is sent pursuant to sub-article (1) does
not make a submission or observation in relation to an application within
a period of 5 weeks beginning on the date of receipt by the planning
authority of the application, the authority may determine the application
without further notice to that body.
(7) (a) A
planning authority may, with the consent of any person or body referred to
in sub-article (1), send notice under that sub-article, in electronic
form.
(b) Where
the planning authority so consents, a submission or observation refereed
to in sub-article (2)(b) may be made in electronic form.
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Submissions
or observations in relation to planning application.
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29. (1) (a) Any
person or body, on payment of the prescribed fee, may make a submission or
observation in writing to a planning authority in relation to a planning
application within the period of 5 weeks beginning on the date of receipt
by the authority of the application.
(b) Any
submission or observation received shall -
(i) state
the name and address, and telephone number and e-mail address, if any, of
the person or body making the submission or observation, and
(ii) indicate
the address to which any correspondence relating to the application should
be sent.
(2) Subject
to article 26, the planning authority shall acknowledge any submissions or
observations as soon as may be after receipt in the form set out at Form
No. 3 of Schedule 3. or a form substantially to the like effect.
(3) Where
a submission or observation, under this article, is received by the
planning authority after the period of 5 weeks beginning on the date of
receipt of the application, the planning authority shall return to the
person or body concerned the submission or observation received and the fee
and notify the person or body that their submission or observation cannot
be considered by the planning authority.
(4) Where
the planning authority so consents, a submission or observation under
sub-article (1) may be made in electronic form.
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Allowance
for public holidays, etc.
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29A. Where
a requirement of these regulations requires submissions, observations or a
request to be made, or documents, particulars or other information to be
submitted to the planning authority within a specified period and the last
day of that period is a public holiday (within the meaning of the Organisation
of Working Time Act, 1997 ) or any other day on which the
offices of the planning authority are closed, the submissions,
observations or request or documents, particulars or other information (as
the case may be) shall be regarded as having been received before the
expiration of that period if received by the authority on the next
following day on which the offices of the authority are open.
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Minimum
period for determination of planning application.
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30. A
planning authority shall not determine an application for permission until
after a period of 5 weeks, beginning on the date of receipt of an
application, has elapsed.
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Notification
of decision on planning application.
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31. Notification
of a decision by a planning authority in respect of a planning application
shall be given to the applicant and to any other person or body who made a
submission or observation in accordance with articles 28 or 29 within 3
working days of the day of the decision and shall specify—
(a) the
reference number of the application in the register.
(b) the
development to which the decision relates,
(c) the
nature of the decision,
(d) the
date of the decision,
(e) in
the case of a decision to grant a permission - any conditions attached
thereto,
(f) the
main reasons and considerations on which the decision is based, and, where
conditions are imposed in relation to the grant of any permission, the
main reasons for the imposition of any such conditions, provided that
where a condition imposed is a condition described in section 34(4) of the
Act, a reference to the paragraph of sub-section (4) in which the
condition is described shall be sufficient to meet the requirements of
this sub-article,
(g) that
in deciding a planning application the planning authority, in accordance
with section 34(3) of the Act, has regard to submissions or observations
received in accordance with these Regulations,
(h) in
the case of a decision to grant a permission for the construction,
erection or making of a structure and to specify the purposes for which
the structure may or may not be used — such purposes,
(i) in
the case of a decision to grant a permission — any period specified by the
planning authority pursuant to section 40 of the Act as the period during
which the permission is to have effect,
(j) in
the case of a decision to grant a permission - that the permission shall
be issued as soon as may be, but not earlier than 3 working days, after
the expiration of the period for the making of an appeal if there is no
appeal before the Board on the expiration of the said period,
(k) that
an appeal against the decision may be made to the Board within the period
of 4 weeks beginning on the date of the decision of the planning
authority, and
(l) in
the case of a decision to grant or refuse a permission where the decision
by the planning authority is different, in relation to the granting or
refusal of permission, from the recommendation in the report or reports on
a planning application to the manager (or such other person delegated to
make the decision) - the main reasons for not accepting the recommendation
in the report or reports to grant or refuse permission.
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Weekly
list of planning decisions.
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32. (1) A
planning authority shall, not later than the fifth working day following a
particular week, make available in accordance with sub-article (2) a list
of the planning applications in respect of which decisions were given by
the authority during that week.
(2) A
list referred to in sub-article (1) shall have a banner heading stating
that in deciding a planning application the planning authority, in
accordance with section 34(3) of the Act, has had regard to submissions or
observations received in accordance with these Regulations and shall
indicate, in addition to the matters specified in article 27(2), the
nature of the decision of the planning authority in respect of the
application.
(3) A
planning authority may include, in a list referred to in sub-article (1),
any other information on decisions in respect of planning applications
which the authority considers appropriate.
(4) (a) The
list referred to in sub-article (1) shall, for a period of not less than 8
weeks beginning on the day on which it is made available, be made
available in or at the offices of the planning authority, and in each
public library and mobile library in the functional area of the authority,
in a position convenient for inspection during office hours and at any
other place or by any other means, including in electronic form, that the
authority considers appropriate.
(b) Copies
of the list referred to in sub-article (1) shall, for a period of not less
than 8 weeks beginning on the day on which it is made available, be made
available at the offices of the planning authority during office hours,
free of charge, or for such fee as the authority may fix not exceeding the
reasonable cost of making a copy, and shall be sent, on request, to any
person or body, free of charge or for such fee, not exceeding the
reasonable cost of making the copy and the cost of postage, as the
authority may fix.
(c) A
list referred to in sub-article (1) shall be made available to the members
of the planning authority in such manner as they may by resolution direct.
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Chapter 2
Permission Regulations - Further information and other
matters
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Further
information.
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33. (1) Where
a planning authority acknowledges receipt of a planning application in
accordance with article 26, it may, by notice in writing, within 8 weeks
of receipt of the planning application, require the applicant—
(a) to
submit any further information (including any plans, maps or drawings, or
any information as to any estate or interest in or right over land), which
the authority considers necessary to enable it to deal with the
application, or
(b) to
produce any evidence which the authority may reasonably require to verify
any particulars or information given in, or in relation to, the
application.
(2) A
planning authority shall not require an applicant who has complied with a
requirement under sub-article (1) to submit any further information or
evidence save -
(a) as
may be reasonably necessary to clarify the matters dealt with in the
applicant's response to a requirement to submit further information or
evidence or to enable them to be considered or assessed, or
(b) where
a request for further information is made under article 108(2) or 128(1).
(3) Where
a requirement under sub-article (1) or sub-article (2) is not complied
with within the period of 6 months from the date of requirement for
further information, or such additional period, not exceeding 3 months, as
may be agreed by the planning authority, the planning application shall be
declared to be withdrawn and the planning authority shall, as soon as may
be, notify the applicant that the application has been declared to be withdrawn
and enter an indication that the application has been declared to be
withdrawn into the register.
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Revised
plans.
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34. (1) Where
the planning authority, having considered a planning application, is
disposed to grant a permission subject to any modification of the
development, it may within 8 weeks of receipt of the application, invite
the applicant to submit to it revised plans or other drawings modifying,
or other particulars providing for the modification of, the said
development.
(2) Where
the applicant wishes to avail of the opportunity to submit the revised
plans, drawings or particulars referred to in sub-article (1) of this
article, he shall, in writing and within such time limit as may be
specified by the planning authority, not being later than 8 weeks from
receipt of the application, indicate that he intends to submit such plans,
drawings or particulars.
(3) Where
the applicant indicates in writing, under sub-article (2) of this article,
that he or she intends to submit the plans, drawings or particulars
referred to in sub-article (1) of this article, he shall, at the same time
and in writing, consent, under section 34(9) of the Act, to the extension
of the period for making a decision under section 34(8) of the Act.
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Notice
of further information or revised plans.
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35. (1) Where
a planning authority receives further information or evidence following a
request under article 33, or revised plans, drawings or particulars
following a request under article 34, or otherwise receives further
information, evidence, revised plans, drawings or particulars in relation
to the application, and it considers that the information, evidence,
revised plans, drawings or particulars received, as appropriate, contain
significant additional data, including information in relation to effects
on the environment, the authority shall-
(a) require
the applicant, within a specified period, to publish a notice in an
approved newspaper, containing as a heading the name of the planning authority,
marked “Further Information” or “Revised Plans”, as appropriate, and
stating -
(i) the
name of the applicant,
(ii) the
location, townland or postal address of the land or structure to which the
application relates (as may be appropriate),
(iii) the
reference number of the application on the register,
(iv)
that significant further information or revised plans, as appropriate, in
relation to the application has or have been furnished to the planning
authority, and is or are available for inspection or purchase at a fee not
exceeding the reasonable cost of making a copy, at the offices of the
authority during its public opening hours, and
(v) that
a submission or observation in relation to the further information or
revised plans may be made in writing to the planning authority on payment
of the prescribed fee, not later than 2 weeks after the receipt of the
newspaper notice and site notice by the planning authority under (a) and
(b) of this sub-article or, in the case of a planning application accompanied
by an EIS, within 5 weeks of receipt of such notices by the planning
authority,
and to submit a copy of the
notice to the planning authority,
(b) require
the applicant, within the period specified in (a) of this sub-article for
publication of the newspaper notice, to erect or fix a site notice on the
land or structure to which the further information relates, in the form
set out in Form No. 4 of Schedule 3 or a form substantially to the like
effect and to submit a copy of the notice to the planning authority,
(c) as
soon as may be, send notice and a copy of the further information,
evidence, revised plans, drawings or particulars, to any person or body
specified in article 28, as appropriate, indicating that a submission or
observation in relation to the further information or evidence or revised
plans, drawings or particulars received may be made in writing to the
authority not later than 2 weeks after receipt of the newspaper notice and
site notice by the planning authority within the period specified in
paragraph (a),
(d) as
soon as may be, notify any person who made a submission or observation in
relation to the planning application in accordance with article 29(1),
indicating-
(i) that
significant further information or revised plans, as appropriate, in
relation to the application has or have been furnished to the planning
authority, and is or are available for inspection or purchase at a fee not
exceeding the cost of making a copy, at the offices of the authority
during its public opening hours,
(ii) that
a submission or observation in relation to the further information or
evidence or revised plans, drawings or particulars received may be made in
writing to the authority within the period specified in paragraph (a),
(iii)
that no fee or further fee shall be payable on condition that any
submission or observation referred to in sub-paragraph (ii) is accompanied
by a copy of the acknowledgement by the authority of the receipt of a
submission or observation referred to in article 29.
(2) Where
a planning authority considers that the notices published in accordance
with sub-article (1)(a) and (b) do not adequately inform the public, the
authority may require the applicant to give such further notices in such a
manner and in such terms as the authority may specify.
(3) Sub-articles
(1)(b) and (c), (2) and (3) of article 19 shall apply to a site notice
erected or fixed under sub-article (1)(b).
(4) (a) The
4 week period referred to in section 34(8)(b) of the Act shall not, in a
case where the planning authority considers that the further information,
evidence, revised plans, drawings or particulars received contain
significant additional data, commence until the planning authority has
received the notices referred to in sub-article (1) (a) and (b).
(b) The
8 week period referred to in section 34(8)(c) of the Act shall not
commence until the planning authority has received the notices referred to
in sub-article (1)(a) and (b).
(5) The
planning authority shall as soon as may be acknowledge receipt of any
submissions or observations referred to in sub-article (1)(a)(v) in the
form set out at Form No. 3 of Schedule 3, or a form substantially to the
like effect.
(6) (a) A
planning authority may, with the consent of any person or body referred to
in sub-article (1), send notice under that sub-article, in electronic
form.
(b) Where
the planning authority so consents, a submission or observation referred
to in sub-article (1) may be made in electronic form.
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Prescribed
notice for material contravention.
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36. (1) Form
No. 5 of Schedule 3, or a form substantially to the like effect, shall be
the prescribed form of the notice of the intention of a planning authority
to consider deciding to grant a permission in a case where the development
concerned would contravene materially the development plan.
(2) Any
person or body may make a submission or observation in writing to a
planning authority as regards the making of a decision to grant planning
permission in accordance with section 34(6) of the Act not later than 4
weeks after the first publication of the notice referred to in sub-article
(1).
(3) Any
submission or observation made in accordance with sub-article (2) shall-
(a) state
the name and address, and telephone number and e-mail address, if any, of
the person or body making the submission or observation, and
(b) indicate
the address to which any correspondence relating to the application should
be sent.
(4) The
planning authority shall acknowledge in writing the receipt of any
submission or observation referred to in sub-article (1) as soon as may be
following receipt of the submission or observation.
(5) Where
a submission or observation is received by the planning authority after
the period of 4 weeks after the first publication of the notice referred
to in sub-article (1), the planning authority shall return to the person
or body concerned the submission or observation received and notify the
person or body that their submission or observation cannot be considered
by the planning authority.
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Withdrawal
of planning application.
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37. (1) A
planning application may be withdrawn, by notice in writing, at any time
before the giving of the decision of the planning authority in respect of
the application.
(2) The
planning authority shall, as soon as may be after the withdrawal of a
planning application give notice in writing to any person or body who made
a submission or observation on the application in accordance with these
Regulations of the fact of the withdrawal.
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Provision
of forms and instructions.
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38. (1) A
planning authority may provide forms and instructions for the convenience
or information of any persons intending to make a planning application.
(2) The
Minister may prepare and publish instructions for the use and guidance of
planning authorities in dealing with planning applications.
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Provision
of certain information to Minister.
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39. Planning
authorities shall provide such information in relation to the development
management system, including information in relation to planning
applications, fees, decisions and enforcement, as may be requested by the
Minister or the Central Statistics Office from time to time and such
information shall be provided in such format and within such time period
as may be specified by the Minister or that Office.
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Chapter 3
Extension of duration of planning permission
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Interpretation
for this Chapter.
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40. (1) In
this Chapter, the “appropriate period” has the same meaning assigned to it
by section 40(3) of the Act.
(2) In
this Chapter, any reference to a decision to extend or extend further the
appropriate period as regards a particular permission shall include a
reference to such a decision which is deemed to have been given by virtue
of section 42(2) of the Act and cognate expressions shall be construed
accordingly.
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Time
limits for extensions of time.
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41. An
application under section 42 of the Act to extend or extend further the
appropriate period as regards a particular permission shall be made not
earlier than one year before the expiration of the appropriate period
sought to be extended or extended further.
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Content
of application to extend appropriate period.
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42. An
application under section 42 of the Act to extend the appropriate period
as regards a particular permission shall be made in writing, shall be
accompanied by the prescribed fee as prescribed by Article 170 of these
Regulations and shall contain the following particulars—
(a) the
name and address, and telephone number and e-mail address, if any, of the
applicant and of the person, if any, acting on behalf of the applicant,
(b) the
address to which any correspondence relating to the application should be
sent,
(c) the
location, townland or postal address of the land or structure concerned,
as may be appropriate,
(d) the
legal interest in the land or structure held by the applicant,
(e) the
development to which the permission relates,
(f) the
date of the permission and its reference number in the register,
(g) the
date on which the permission will cease to have effect,
(h) the
date of commencement of the development to which the permission relates,
(i) particulars
of the substantial works carried out or which will be carried out pursuant
to the permission before the expiration of the appropriate period,
(j) the
additional period by which the permission is sought to be extended, and
(k) the
date on which the development is expected to be completed.
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Content
of application to further extend appropriate period.
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43. An
application under section 42 of the Act to extend further the appropriate
period as regards a particular permission shall be made in writing and
shall contain the particulars referred to at paragraphs (a) to (h)
inclusive of article 42 and the following additional particulars—
(a) particulars
of the works (if any) carried out pursuant to the permission since the
permission was extended or further extended,
(b) the
period by which the permission is sought to be extended further,
(c) the
date on which the development is expected to be completed, and
(d) the
circumstances beyond the control of the person carrying out the
development due to which the development has not been completed.
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Procedure
on receipt of application to extend appropriate period.
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44. (1) On
receipt of an application to extend or extend further the appropriate
period as regards a particular permission, a planning authority shall—
(a) stamp
the documents with the date of their receipt, and
(b) consider
whether the application complies with the requirements of article 42 or
43, as the case may require.
(2) (a) Where
a planning authority considers that an application to extend or extend
further the appropriate period as regards a particular permission complies
with the requirements of article 42 or 43, as may be appropriate, the
authority shall send to the applicant an acknowledgement stating the date
of receipt of the application.
(b) Where
a planning authority considers that an application to extend or extend
further the appropriate period as regards a particular permission does not
comply with the requirements of article 42 or 43, as may be appropriate,
the authority shall, by notice in writing, require the applicant to
furnish such further particulars as may be necessary to comply with the
said requirements.
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Further
information.
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45. (1) Where
a planning authority receives an application to extend or extend further
the appropriate period as regards a particular permission, the authority
may, by notice in writing, require the applicant—
(a) to
submit such further information as it may require to consider the
application (including any information regarding any estate or interest in
or right over land), or
(b) to
produce any evidence which it may reasonably require to verify any
particulars or information given in or in relation to the application.
(2) A
planning authority shall not require an applicant who has complied with a
requirement under sub-article (1) to submit any further information,
particulars or evidence save as may be reasonably necessary to clarify the
matters dealt with in the applicant's response to the said requirement or
to enable those matters to be considered or assessed.
(3) Where
an applicant does not comply with any requirement under this article
within 4 weeks of such requirement, the planning authority shall refuse
the application.
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Notification
of decision on application.
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46. Every
notification given by a planning authority of a decision on an application
to extend or extend further the appropriate period as regards a particular
permission shall specify—
(a) the
date of the permission and its reference number in the register,
(b) the
location of the land, townland or postal address of the land or structure
to which the permission relates (as may be appropriate),
(c) the
development to which the decision relates,
(d) the
date of the decision,
(e) the
nature of the decision,
(f) in
the case of a decision to extend or extend further the appropriate period,
the additional period by which that period has been extended, and
(g) in
the case of a decision to refuse to extend or extend further the
appropriate period, the reasons for such refusal.
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Weekly
list.
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47. (1) The
list made available by the planning authority in accordance with article
27 shall, in addition to the requirements of that article, include a list
of any application under section 42 of the Act to extend or extend further
the appropriate period received by the authority during that week.
(2) A
list referred to in sub-article (1) shall indicate in respect of each
application received during the week to which the application relates-
(a) the
name and address of the applicant,
(b) the
location, townland or postal address of the land or structure to which the
application relates (as may be appropriate), and
(c) the
date of receipt of the application.
(3) The
list made available by the planning authority in accordance with article
32 shall, in addition to the requirements of that article, include a list
of any decision in respect of an application under section 42 of the Act
to extend or extend further the appropriate period made by the authority
during that week.
(4) A
list referred to in sub-article (3) shall indicate in respect of each
decision referred to in that sub-article-
(a) the
name and address of the applicant,
(b) the
location, townland or postal address of the land or structure to which the
application relates (as may be appropriate),
(c) the
date of the decision on the application, and
(d) the
nature of the decision made.”.
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Amendment of Article 52 of the Regulations.
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9. Article
52(d) of the Regulations is amended by the substitution of “Fáilte Ireland”
for “Bord Fáilte Éireann”.
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Amendment of Article 55 of the Regulations.
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10. Article
55 of the Regulations is amended
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(a) by the
substitution of “the Minister” for “the Minister for Arts, Heritage,
Gaeltacht and the Islands”, and
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(b) the
substitution of “Fáilte Ireland” for “Bord Fáilte Éireann”.
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Amendment of Article 64 of the Regulations.
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11. Article
64 of the Regulations of 2001 is substituted by the following article:
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“64. (1) The prescribed
organisations for the purposes of section 106(1)(a) of the Act shall be -
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(a) the
Irish Planning Institute,
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(b) the
Royal Town Planning Institute Irish Branch — Southern Section,
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(c) the
Institution of Engineers of Ireland.
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(d) the
Society of Chartered Surveyors in the Republic of Ireland,
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(e) the
Royal Institute of the Architects of Ireland,
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(f) the
Association of Consulting Engineers of Ireland, and
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(g) the
Irish Landscape Institute.
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(2) The prescribed organisations for the
purposes of section 106(1)(b) of the Act shall be -
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(a) the
Construction Industry Federation,
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(b) Forfás,
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(c) the
Irish Business and Employers' Confederation,
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(d) Chambers
Ireland,
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(e) the
Irish Auctioneers and Valuers Institute,
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(f) the
Institute of Professional Auctioneers and Valuers,
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(g) Fáilte
Ireland,
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(h) the
International Centre for Local and Regional Development, and
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(i) Údarás
na Gaeltachta.
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(3) The prescribed organisations for the
purposes of section 106(1)(c) of the Act shall be -
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(a) the
County and City Managers' Association,
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(b) the
Association of County and City Councils,
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(c) the
Association of Municipal Authorities of Ireland,
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(d) the
Local Authority Members' Association,
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(e) the
Institute of Public Administration.
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(f) the
Irish Farmers' Association,
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(g) the
Irish Creamery Milk Suppliers' Association, and
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(h) the
Irish Congress of Trade Unions
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(4) The prescribed organisations for the
purposes of section 106(1)(d) of the Act shall be -
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(a) An
Taisce — the National Trust for Ireland,
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(b) the
Heritage Council,
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(c) the
Combat Poverty Agency,
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(d) the
Irish Council for Social Housing,
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(e) the
National Women's Council,
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(f) the
Irish Countrywomen's Association,
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(g) People
with Disabilities in Ireland,
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(h) Comhar
- the National Sustainable Development Partnership,
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(i) the
Institute of Archaeologists of Ireland,
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(j) Comhdháil
Náisiúnta na Gaeilge,
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(k) the
National Disability Authority,
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(l) the
National Youth Council of Ireland, and
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(m) the
Irish Rural Dwellers Association.”.
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Amendment of Article 67 of the Regulations.
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12. Article
67 of the Regulations is amended by substituting sub-article (a) in the
definition for “relevant persons” with the following:
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“(a) in the case of an oral
hearing under section 134(1) of the Act, the parties to the appeal or
referral or the applicant for permission for a strategic infrastructure
development, and any persons who have made submissions or observations to
the Board in relation to the application, appeal or referral in accordance
with the provisions of the Act or these regulations,”
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Amendment of Article 68 of the Regulations.
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13. Article
68 of the Regulations is amended by the insertion after “inspection” of “or
purchase at a fee not exceeding the reasonable cost of making a copy”.
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Substitution of Article 72 of the Regulations.
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14. Article
72 of the Regulations is substituted by the following article:
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“72. (1) The
Board shall, not later than the third working day following a particular
week, make available a list of
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(a) the
appeals and referrals received by the Board,
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(b) the
appeals and referrals determined, dismissed or withdrawn or in relation to
which a direction is given by the Board pursuant to section 139 of the Act,
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(c) the
applications for approval under section 175(3) and section 215 of the Act
received by the Board, and
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(d) the
applications for approval under section 175(3) and section 215 of the Act
determined or otherwise disposed of by the Board during that week.
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(2) A list
referred to in sub-article (1) shall indicate in respect of appeals under
section 37 of the Act received by the Board during the week to which the
list relates that, under section 34 of the Act, the applications may be
granted permission, subject to or without conditions, or refused and shall
also indicate in respect of each appeal -
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(a) the
name of the appellant,
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(b) the
date on which the appeal was received by the Board,
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(c) the
reference number of the appeal,
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(d) the
nature and location of the development to which the appeal relates,
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(e) the
name of the planning authority and the reference number of the planning
application concerned in the register of the authority,
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(f) the
name of the person by or on behalf of whom the planning application was
made.
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(3) A list
referred to in sub-article (1) shall indicate, in respect of appeals under
section 37 of the Act determined, dismissed or withdrawn or in relation to
which a direction is given by the Board pursuant to section 139 of the Act
during the week to which the list relates, that in accordance with section
34(3) of the Act, the Board in making decisions on appeals under section 37
has regard to submissions or observations received and shall also indicate
in respect of each appeal-
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(a) the
reference number of the appeal,
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(b) the
nature and location of the development to which the appeal relates,
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(c) the
name of the planning authority and the reference number of the planning
application concerned in the register of the planning authority,
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(d) the
name of the person by or on behalf of whom the planning application was
made,
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(e) in
the case of an appeal determined by the Board, the nature of the decision of
the Board and the date of the order of the Board in relation to the appeal,
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(f) in
the case of an appeal dismissed by the Board, an indication of that fact and
the date of the order of the Board in relation to the appeal,
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(g) in
the case of an appeal which has been withdrawn, an indication of that fact
and the date on which it was withdrawn,
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(h) in
the case of an appeal in relation to which a direction has been given by the
Board pursuant to section 139 of the Act, an indication of that fact and the
date of the order of the Board in relation to the appeal.
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(4) A list
referred to in sub-article (1) shall indicate in respect of each of the
appeals (other than appeals under section 37 of the Act) and referrals
received by the Board during the week to which the list relates-
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(a) the
name of the appellant or person making the referral, as appropriate,
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(b) the
reference number of the appeal or referral,
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|
(c) the
nature of the appeal or referral, and
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|
(d) the
date on which the appeal or referral was received by the Board.
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(5) A list
referred to in sub-article (1) shall indicate, in respect of each appeal
(other than an appeal under section 37 of the Act) or referral determined,
dismissed or withdrawn during the week to which the list relates, —
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(a) the
nature of the appeal or referral,
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|
(b) in
the case of an appeal or referral determined by the Board, the nature of the
decision of the Board and the date of the order of the Board in relation to
the appeal or referral,
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|
(c) in
the case of an appeal or referral dismissed by the Board, an indication of
that fact and the date of the order of the Board in relation to the appeal
or referral, or
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(d) in
the case of an appeal or referral which has been withdrawn, an indication of
that fact and the date on which it was withdrawn.
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(6) A list
referred to in sub-article (1)(c) shall indicate, in respect of applications
for approval under section 175(3) and section 215 of the Act received by the
Board during the week to which the list relates that the Board may approve
the applications subject to or without conditions, or refuse the
applications and shall also indicate in respect of each application -
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(a) the
reference number of the application for approval,
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(b) the
name of the local authority or road authority,
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(c) the
nature and location of the development, and
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(d) that
the application for approval is accompanied by an EIS.
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(7) A list
referred to in sub-article (1) shall indicate, in respect of applications
for approval under section 175(3) and section 215 of the Act determined by
the Board during the week to which the list relates that the Board in
determining applications for approval has regard to submissions or
observations received and shall also indicate in respect of each application
for approval -
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(a) the
reference number of the application for approval,
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|
(b) the
name of the local authority or road authority,
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|
(c) the
nature and location of the development, and
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(d) the
nature of the decision of the Board and the date of the order of the Board
in relation to the application for approval
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(8) The
Board may include in a list referred to in sub-article (1) any information
which the Board considers appropriate in relation to matters before, or to
be determined by, the Board under the Act or any other enactment.
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(9) A list
referred to in sub-article (1) shall, for a period of not less than 4 weeks
beginning on the day on which it is made available, be displayed in or at
the offices of the Board in a position convenient for inspection during
office hours or by any other means, including in electronic form, that the
Board considers appropriate.
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(10)(a) Copies
of a list referred to in sub-article (1) shall, during the period of 4 weeks
referred to in sub-article (7), be made available at the offices of the Board
during office hours, free of charge or for such fee as the Board may fix not
exceeding the reasonable cost of making a copy.
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(b) A
copy of a list referred to in sub-article (1) shall, during the period of 4
weeks as aforesaid, be sent (including by electronic means), on request, to
any person or body, free of charge or for such fee not exceeding the
reasonable cost of making a copy and the cost of postage, as the Board may
fix.
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Amendment of Article 74 of the Regulations.
|
15. Article
74(2) of the Regulations is substituted by the following sub-article
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“(2) A
notice referred to in sub-article (1) of a decision on an appeal under
section 37 of the Act shall specify-
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(a) the
reference number of the appeal,
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|
(b) the
reference number of the planning application concerned in the register of the
planning authority,
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(c) the
date of the order of the Board in relation to the appeal,
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(d) the
development to which the decision relates,
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|
(e) the
nature of the decision and the main reasons and considerations on which the
decision is based,
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(f) in
the case of a decision to grant a permission subject to conditions - any
conditions to which the permission is subject and the main reasons for the
imposition of any such conditions, provided that where a condition imposed
is a condition described in section 34(4) of the Act, a reference to the
paragraph of the said subsection (4) in which the condition is described
shall be sufficient,
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(g) in
the case of a decision to grant a permission for a structure — any purpose
for which the structure may or may not be used,
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(h) in
the case of a decision to grant a permission — any condition specifying
points of detail relating to a grant of permission to be agreed by the
planning authority and the person to whom the permission is granted,
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|
(i) in
the case of a decision to grant a permission — any period specified by the
Board pursuant to section 41 of the Act as the period during which the
permission is to have effect,
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(j) that
in making a decision on an appeal the Board, in accordance with section
34(3) of the Act, has regard to submissions or observations received in
accordance with these Regulations,
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(k) in
the case of a decision to grant or refuse a permission where the decision by
the Board is different, in relation to the granting or refusal of
permission, from the recommendation of the report of a person assigned to
report on an appeal on behalf of the Board — the main reasons for not
accepting such recommendation, and
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(l) in
the case of a decision to grant a permission for a development which
materially contravenes the development plan where the planning authority had
refused a permission on that ground — the main reasons and considerations
for materially contravening the development plan.
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Amendment of Article 76 of the Regulations.
|
16. Article
76 of the Regulations is substituted by the following Article:
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“76.(1) Where the Board decides to hold an
oral hearing, the Board —
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(a) shall
inform relevant persons and any other person or body which it considers
appropriate and give such persons and bodies not less than 5 working days
notice of the time and place of the opening of the oral hearing or such
shorter notice as may be accepted by all such persons or bodies,
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(b) shall
make available for inspection at its offices and at the offices of the local
authority or planning authority, as appropriate, a copy of any
correspondence, documents, particulars or other information received from
any relevant persons in accordance with the provisions of the Act or these
Regulations for a period commencing not later than 7 days before the
commencement of the oral hearing and ending on the last day of the oral
hearing, and
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(c) shall
make available for inspection at the place the oral hearing is held a copy
of any correspondence and other information referred to in paragraph (b) for
the duration of the oral hearing.
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(2) The
provisions of paragraphs (b) and (c) of sub-article (1) shall not require
the Board to make available models or such other information or particulars
as may be determined by the Board at the offices of the local authority or
planning authority or at the place of the holding of the oral hearing where
the making available of models or other information or particulars would
lead to undue administrative or technical difficulties.
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(3) The
Board may, where it considers appropriate, give any person or body informed
of the holding of an oral hearing under sub-article (1)(a) a copy of any
correspondence, documents, particulars or other information received from
relevant persons in accordance with the provisions of the Act or these
Regulations.
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(4) The
Board may, at any time before the opening of an oral hearing, alter the time
or place of the opening of the hearing and, in the event of such alteration,
the Board shall give relevant persons and any other person or body informed
of the holding of an oral hearing under sub-article (1) notice of not less
than 3 working days of the new time and place or such shorter notice as may
be accepted by all such persons or bodies.”
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|
Amendment of Article 81 of the Regulations.
|
17. (1) Article
81(2)(c)(ii) is amended by the deletion of “or an area specified as an
architectural conservation area in a draft of a proposed development plan or
a proposed variation of a development plan”.
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(2) Article
81(2)(d)(i) is amended by:
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|
(a) the
insertion after “inspection” of “or purchase at a fee not exceeding the
reasonable cost of making a copy”, and
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|
(b) the
substitution of “not less than 6 weeks” for “not less than 4 weeks”.
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|
Amendment of Article 82 of the Regulations.
|
18. (1) Article
82(3) of the Regulations is substituted by the following:
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(3) (a) where it
appears to the authority that the land or structure is situated in an area
of special amenity, whether or not an order in respect of that area has been
confirmed under section 203 (or deemed to be so confirmed under section
268(1)(c)) of the Act, or that the development or retention of the structure
might obstruct any view or prospect of special amenity value or special
interest — to An Chomhairle Ealaíon, Fáilte Ireland, and An Taisce — the
National Trust for Ireland,
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(b) where
it appears to the authority that the development might obstruct or detract
from the value of any tourist amenity or tourist amenity works— to Fáilte
Ireland,
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(c) where
it appears to the authority that the development—
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|
(i) would
involve the carrying out of works to a protected structure or proposed
protected structure, or to the exterior of a structure which is located
within an architectural conservation area,
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|
(ii) might
detract from the appearance of a structure referred to in sub-paragraph (i),
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(iii) might
affect or be unduly close to—
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(I) a
cave, site, feature or other object of archaeological, geological,
scientific, ecological or historical interest,
|
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|
(II) a
monument or place recorded under section 12
of the National
Monuments (Amendment) Act, 1994 (No. 17 of 1994),
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(III) a
historic monument or archaeological area entered in the Register of Historic
Monuments under Section 5
of the National
Monuments (Amendment) Act, 1987 (No. 17 of 1987),
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(IV) a
national monument in the ownership or guardianship of the Minister under the
National Monuments Acts, 1930 to 1994, or
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|
(iv) might obstruct
any scheme for improvement of the surroundings of, or any means of access
to, any structure, place, feature or object referred to in sub-paragraph
(iii),
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— to the Minister, the Heritage Council,
and An Taisce — the National Trust for Ireland, and in the case of
development of a type referred to in sub-paragraph (i) or (ii), An
Chomhairle Ealaíon and Fáilte Ireland,
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(d) where
it appears to the authority that the area of another local authority might
be affected by the development — to that local authority,
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|
(e) where
it appears to the authority that the development would not be consistent
with or would materially contravene any regional planning guidelines (or any
objective thereof) of a regional authority — to that regional authority,
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|
(f) where
it appears to the authority that if permission were granted, a condition
should be attached under section 34(4)(m) of the Act — to any local
authority (other than the planning authority) who would be affected by any
such condition,
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|
(g) where it
appears to the authority that —
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|
(i) the
development might cause the significant abstraction or addition of water
either to or from surface or ground waters, whether naturally occurring or
artificial,
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|
(ii) the
development might give rise to significant discharges of polluting matters
or other materials to such waters or be likely to cause serious water
pollution or the danger of such pollution, or
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|
(iii) the
development would involve the carrying out of works in, over, along or
adjacent to the banks of such waters, or to any structure in, over or along
the banks of such waters, which might materially affect the waters,
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— to the appropriate Regional Fisheries
Board and, in any case where the waters concerned are listed in Part 1 of
Annex 1 of the Schedule to the British-Irish
Agreement Act, 1999 (No. 1 of 1999), to Waterways Ireland,
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(h) where
it appears to the authority that the development might endanger or interfere
with the safety of, or the safe and efficient navigation of aircraft — to
the Irish Aviation Authority,
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|
(i) where
it appears to the authority that the development might interfere with the
operation and development of a licensed airport, whose annual traffic is not
less than 1 million passenger movements — to the airport operator,
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|
(j) where
the development may have an impact on bus or rail-based transport — to Córas
Iompair Éireann and the Railway Procurement Agency, as appropriate,
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|
(k) where
it appears to the authority that
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|
(i) the
development consists of or comprises the formation, laying out or material
widening of an access to a national road within the meaning of section 2
of the Roads Act, 1993
(No. 14 of 1993), not being a national road within a built-up area within
the meaning of section 45
of the Road Traffic
Act, 1961 , or
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|
(ii) the
development might give rise to a significant increase in the volume of
traffic using a national road,
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|
— to the National Roads Authority,
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|
(l) where
the development might significantly impact on surface transport in the
Greater Dublin Area, the Dublin Transportation Office (or any body that
replaces that office),
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|
(m) where
the development comprises or is for the purposes of an activity requiring an
integrated pollution control licence or a waste licence — to the
Environmental Protection Agency,
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|
(n) where
it appears to the authority that the development might have significant
effects in relation to nature conservation — to the Heritage Council, the
Minister and An Taisce - the National Trust for Ireland,
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|
(o) where
the development is in a Gaeltacht area and it appears to the authority that
it might materially affect the linguistic and cultural heritage of the
Gaeltacht, including the promotion of Irish as the community language — to
the Minister for Community, Rural and Gaeltacht Affairs and Údarás na
Gaeltachta,
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|
(p) where
the development is in the vicinity of an explosives factory, storage
magazine or local authority explosives store — to the Minister for Justice,
Equality and Law Reform,
|
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|
(q) where
it appears to the authority that the development might have significant
effects on public health — to the Health Service Executive,
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|
(r) where
the application relates to extraction of minerals within the meaning of the
Minerals Development Acts, 1940 to 1995 — to the Minister for
Communications, Marine and Natural Resources,
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|
(s) where
it appears to the authority that the development might impact on the
foreshore — to the Minister for Communications, Marine and Natural
Resources,
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|
(t) where
the development might -
|
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|
(i) give
rise to a significant increase in the volume or type of traffic (including
construction traffic) passing under a height restricted railway bridge, or
using a railway level crossing, or a bridge over a railway,
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|
(ii) because of its
proximity to a railway, impact on the structural integrity of railway
infrastructure during construction of the development, or
|
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|
(iii) endanger or
interfere with the safe operation of a railway, during or after
construction,
|
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|
— to the railway operator, the Railway
Safety Commission, and, in the case of development which might impact on a
light railway or metro, the Railway Procurement Agency,
|
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|
(u) where
the application relates to —
|
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|
(i) the
extraction of minerals, other than minerals within the meaning of the
Minerals Development Acts 1940-1999, whether by surface or underground
means,
|
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|
(ii) the development
of, or extensions to, quarries, including sand or gravel pits, for the
extraction of earth materials, or
|
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|
(iii)a development
which, for other purposes, requires the excavation of earth materials
greater than a total volume of 50,000m3 or the excavation of
earth materials on a site area greater than 1 hectare
|
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|
— to the Minister for Communications,
Marine and Natural Resources.
|
|
|
|
(2) Article
82(4) of the Regulations is amended by the substitution of “Fáilte Ireland”
for “Bord Fáilte Éireann”.
|
|
|
Amendment of Article 83 of the Regulations.
|
19. Article
83(2) of the Regulations is amended by the substitution of “, on payment of
a specified fee not exceeding the reasonable cost of making such a copy, a
copy of the documents referred to in sub-article (1) and” for “on payment of
a specified fee not exceeding the reasonable cost of making such a copy”.
|
|
|
Amendment of Article 87 of the Regulations.
|
20. (1) Article
87(1) of the Regulations is substituted by the following:
|
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|
“(1) This article shall apply
to the classes of development specified in article 86(1)(a), (b) or (c)
other than —
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|
(a) development
consisting of the construction or erection of such temporary structures for
the purposes of or in connection with the operations of the Defence Forces
or An Garda Síochána as are urgently required for reasons of national security,
or
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|
(b) development
identified as likely to have significant effects on the environment in
accordance with section 176 of the Act,
|
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|
and the development to which this article
applies is hereafter in this Part referred to as “proposed development.”.
|
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|
|
(2) Articles
87(3)(c)(ii) and (4)(a)(iv)(II) of the Regulations are amended by the
deletion of “or an area specified as an architectural conservation area in a
draft of a proposed development plan or a proposed variation of a
development plan”.
|
|
|
Amendment of Article 88 of the Regulations.
|
21. Article
88(2) of the Regulations is amended by:
|
|
|
|
(a) the
deletion in paragraph (b) of “or an area specified as an architectural
conservation area in a draft of a proposed development plan or a proposed
variation of a development plan”, and
|
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|
|
(b) the
substitution of “the Minister” for “the Minister for Arts, Heritage,
Gaeltacht and the Islands”.
|
|
|
Amendment of Article 89 of the Regulations.
|
22. Article
89 of the Regulations is amended:
|
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|
|
(a) by
the substitution of “6 weeks” for “4 weeks”, and
|
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|
(b) in
paragraph (b), by the substitution of “1:2500” for “1:1250”.
|
|
|
Amendment of Article 92 of the Regulations.
|
23. Article
92 of the Regulations is amended by inserting the following after the
definition for “application for approval”:
|
|
|
|
“ ‘application for strategic
infrastructure’ means an application for permission under section 37E or an
application for approval under sections 181A, 182A or 182C of the Act in
respect of a strategic infrastructure development;”.
|
|
|
Amendment of Article 95 of the Regulations.
|
24. (1) Article
95(1)(b) of the Regulations is substituted by the following paragraph:
|
|
|
|
“(b) the location, townland or postal
address of the land or structure to which the request relates (as may be
appropriate), and shall include a location map marked so as to clearly
identify,
|
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|
(i) the
land or structure to which the application relates and the boundaries
thereof in red,
|
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|
(ii) any
land which adjoins, abuts or is adjacent to the land to be developed and
which is under the control of the applicant or the person who owns the land
which is the subject of the application in blue, and
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|
(iii) any
wayleaves in yellow,”.
|
|
|
|
(2) Article
95(2) is substituted by the following:
|
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|
|
“(2) (a) A planning
authority or the Board shall, as soon as may be after receiving a request
for a written opinion -
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|
|
(i) give
notice of having received the request to:
|
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|
|
(I) the
Minister for the Environment, Heritage and Local Government,
|
|
|
|
(II) the
Environmental Protection Agency,
|
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|
|
(III) the
Minister for Communications, Marine and Natural Resources,
|
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|
|
(IV) in
the case of the Board, the relevant planning authority,
|
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|
(V) in
the case of a planning authority, the Board, and
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|
(VI) any
other body referred to in article 28, as appropriate,
|
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|
|
indicating that a submission or
observation in relation to the information to be contained in the EIS may be
made to the authority or the Board, as appropriate, within 4 weeks beginning
on the date of the notice, and
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|
|
|
(ii) notify
the person or local authority who made the request of the bodies to whom
notice was given under sub-paragraph (i) and advise that a submission or
observation in relation to the information to be contained in the EIS may be
made to the authority or the Board, as appropriate, within 4 weeks beginning
on the date of the notice.
|
|
|
|
(b) A notice given
under paragraph (a)(i) shall contain the information referred to in
sub-article (1) and, where appropriate, any further information provided
under sub-article (3).
|
|
|
|
(c) A notice under
paragraphs (a)(i) and (ii) in respect of the same request shall be issued on
the same date.
|
|
|
Amendment of Article 103 of the Regulations.
|
25. Article
103(3) is amended by the insertion after “Schedule 7” of “and the decision
of the planning authority, including the main reasons and considerations on
which the decision is based, shall be placed and kept with the documents
relating to the planning application”.
|
|
|
Amendment of Article 105 of the Regulations.
|
26. Article
105 of the Regulations is amended by the insertion of the following
sub-article after sub-article (4):
|
|
|
|
“(5) The
planning authority shall as soon as may be acknowledge in writing the
receipt of any submissions or observations referred to in sub-article
(2)(g).”
|
|
|
Amendment of Article 112 of the Regulations.
|
27. Article
112(1) of the Regulations is substituted by the following sub-article:
|
|
|
|
“(1) The Board
shall publish, in at least one approved newspaper, notice of any appeal in
respect of which it has requested and received an EIS under article 109.”.
|
|
|
Amendment of Article 120 of the Regulations.
|
28. Article
120(7) is amended by the substitution of “make the said decision available
for inspection in accordance with that article” with “make the decision,
including the main reasons and consideration on which the decision is based,
available for inspection or purchase at a fee not exceeding the reasonable
cost of making a copy, in accordance with that article”.
|
|
|
Amendment of Article 121 of the Regulations.
|
29. (1) Article
121(1) of the Regulations is substituted by the following-
|
|
|
|
(1)(a) where it
appears to the authority that the land or structure is situated in an area
of special amenity, whether or not an order in respect of that area has been
confirmed under section 203 (or deemed to be so confirmed under section
268(1)(c)) of the Act, or that the development or retention of the structure
might obstruct any view or prospect of special amenity value or special
interest — to An Chomhairle Ealaíon, Fáilte Ireland, and An Taisce — the
National Trust for Ireland,
|
|
|
|
(b) where it appears
to the authority that the development might obstruct or detract from the
value of any tourist amenity or tourist amenity works — to Fáilte Ireland,
|
|
|
|
(c) where it appears
to the authority that the development —
|
|
|
|
(i) would
involve the carrying out of works to a protected structure or proposed
protected structure, or to the exterior of a structure which is located
within an architectural conservation area,
|
|
|
|
(ii) might detract
from the appearance of a structure referred to in sub-paragraph (i),
|
|
|
|
(iii) might affect or
be unduly close to —
|
|
|
|
(I) a
cave, site, feature or other object of archaeological, geological,
scientific, ecological or historical interest.
|
|
|
|
(II) a
monument or place recorded under section 12
of the National
Monuments (Amendment) Act 1994 (No. 17 of 1994),
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(III) a
historic monument or archaeological area entered in the Register of Historic
Monuments under Section 5
of the National
Monuments (Amendment) Act 1987 (No. 17 of 1987),
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(IV) a
national monument in the ownership or guardianship of the Minister under the
National Monuments Acts 1930 to 2004. or
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(iv)might obstruct
any scheme for improvement of the surroundings of, or any means of access
to, any structure, place, feature or object referred to in sub-paragraph
(iii),
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— to the Minister, the Heritage Council,
and An Taisce - the National Trust for Ireland, and in the case of
development of a type referred to in sub-paragraph (i) or (ii), An
Chomhairle Ealaíon and Fáilte Ireland.
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(d) where
it appears to the authority that the area of another local authority might
be affected by the development — to that local authority,
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(e) where
it appears to the authority that the development would not be consistent
with or would materially contravene any regional planning guidelines (or any
objective thereof) of a regional authority — to that regional authority,
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(f) where
it appears to the authority that if permission were granted, a condition
should be attached under section 34 (4)(m) of the Act — to any local
authority (other than the planning authority) who would be affected by any
such condition,
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(g) where
it appears to the authority that—
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(i) the
development might cause the significant abstraction or addition of water
either to or from surface or ground waters, whether naturally occurring or
artificial.
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(ii) the
development might give rise to significant discharges of polluting matters or
other materials to such waters or be likely to cause serious water pollution
or the danger of such pollution, or
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(iii) the
development would involve the carrying out of works in, over, along or
adjacent to the banks of such waters, or to any structure in, over or along
the banks of such waters, which might materially affect the waters,
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— to the appropriate Regional Fisheries
Board and, in any case where the waters concerned are listed in Part 1 of
Annex 1 of the Schedule to the British-Irish
Agreement Act, 1999 (No. 1 of 1999), to Waterways Ireland,
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(h) where
it appears to the authority that the development might endanger or interfere
with the safety of, or the safe and efficient navigation of aircraft — to
the Irish Aviation Authority,
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(i) where
it appears to the authority that the development might interfere with the
operation and development of a licensed airport, whose annual traffic is not
less than 1 million passenger movements — to the airport operator,
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(j) where
the development may have an impact on bus or rail-based transport, to Córas
Iompair Éireann and the Railway Procurement Agency, as appropriate,
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(k) where
it appears to the authority that —
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a. the
development consists of or comprises the formation, laying out or material
widening of an access to a national road within the meaning of section 2
of the Roads Act 1993
(No. 14 of 1993), not being a national road within a built-up area within
the meaning of section 45
of the Road Traffic
Act 1961 , or
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b. the
development might give rise to a significant increase in the volume of
traffic using a national road,
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— to the National Roads Authority,
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(l) where
the development might significantly impact on surface transport in the
Greater Dublin Area, the Dublin Transportation Office (or any body that
replaces that office).
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(m) where
the development comprises or is for the purposes of an activity requiring an
integrated pollution control licence or a waste licence — to the
Environmental Protection Agency,
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(n) where
it appears to the authority that the development might have significant
effects in relation to nature conservation — to the Heritage Council, the
Minister and An Taisce - the National Trust for Ireland,
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(o) where
the development is in a Gaeltacht area and it appears to the authority that
it might materially affect the linguistic and cultural heritage of the
Gaeltacht, including the promotion of Irish as the community language — to
the Minister for Community, Rural and Gaeltacht Affairs and Údarás na
Gaeltachta.
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(p) where
the development is in the vicinity of an explosives factory, storage
magazine or local authority explosives store — to the Minister for Justice,
Equality and Law Reform,
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(q) where
it appears to the authority that the development might have significant
effects on public health — to the Health Service Executive,
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(r) where
the application relates to extraction of minerals within the meaning of the
Minerals Development Acts, 1940 to 1995 — to the Minister for
Communications, Marine and Natural Resources.
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(s) where
it appears to the authority that the development might impact on the
foreshore — to the Minister for Communications, Marine and Natural
Resources,
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(t) where
the development might -
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(i) give
rise to a significant increase in the volume or type of traffic (including
construction traffic) passing under a height restricted railway bridge, or
using a railway level crossing, or a bridge over a railway,
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(ii) because
of its proximity to a railway, impact on the structural integrity of railway
infrastructure during construction of the development, or
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(iii)endanger or
interfere with the safe operation of a railway, during or after
construction,
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— to the railway operator, the Railway
Safety Commission, and, in the case of development which might impact on a
light railway or metro, the Railway Procurement Agency.
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(u) where
the application relates to-
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(i) the
extraction of minerals, other than minerals within the meaning of the
Minerals Development Acts 1940-1999. whether by surface or underground
means.
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(ii) the
development of, or extensions to, quarries, including sand or gravel pits,
for the extraction of earth materials, or
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(iii) a
development which, for other purposes, requires the excavation of earth
materials greater than a total volume of 50,000 m3 or the
excavation of earth materials on a site area greater than 1 hectare
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— to the Minister for Communications,
Marine and Natural Resources.
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(2) Article
121(2) of the Regulations is amended by the substitution of “Fáilte Ireland”
for “Bord Fáilte Éireann”.
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Amendment of Article 123 of the Regulations.
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30. Article
123 of the Regulations is hereby amended by the substitution of the following
sub-article for sub-article (1):
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“(1) The
Board shall, as soon as may be following the making of its decision on an
application for approval notify the local authority concerned, and any
person or body who made a submission or observation in accordance with
section 175(4) of the Act, of its decision.”.
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Amendment of Part 10 of the Regulations.
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31. Part
10 of the Regulations is amended by substituting the following for Chapter
5:
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“Chapter
5 Transboundary Environmental Effects
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Transboundary
environmental effects - notification of Minister.
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124. (1) (a) A
planning authority, as soon as may be after receipt of a planning
application to which this Part applies, shall notify the Minister of such
planning application, where, in its opinion, the proposed development to
which the application relates would be likely to have significant effects
on the environment in a transboundary State.
(b) The
Board, as soon as may be after receipt of an appeal or an application for
approval to which this Part applies or an application for strategic
infrastructure development, shall notify the Minister of such planning
application, appeal, application for approval or application for strategic
infrastructure development where —
(i) in
its opinion, the proposed development to which the application, appeal,
application for approval or application for a strategic infrastructure
development relates would be likely to have significant effects on the
environment in a transboundary State, or
(ii) in
the case of an application for strategic infrastructure or a request for
an alteration referred to in section 146C of the Act, the applicant or
requester as appropriate has notified a transboundary State of the
proposed development or alteration.
(c) A
notification to the Minister under paragraph (a) shall state —
(i) (I) in
the case of a planning application, the name and address of the applicant,
(II) in
the case of an appeal, the name and address of the applicant to which the
appeal relates and the nature of the appeal,
(III) in
the case of an application for approval, the name of the local authority,
(IV) in
the case of an application for strategic infrastructure development, the
name and address of the applicant,
(ii) the
location, townland or postal address of the land to which the application,
appeal, application for approval or application for strategic
infrastructure relates (as may be appropriate),
(iii) the
nature and extent of the proposed development,
(iv) the
date of receipt of the application, appeal, application for approval or
application for strategic infrastructure development, and
(v) if
the proposed development comprises or is for the purposes of an activity
requiring an integrated pollution control licence or a waste licence, an
indication of that fact.
(2) A
notice under sub-article (1) shall be accompanied by a copy of any
relevant EIS.
(3) Where
the Minister is notified in accordance with sub-article (1), he or she
shall consult with the relevant planning authority or the Board as
appropriate in relation to the proposed development.
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Transboundary
environmental effects - information to Minister.
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125. Minister
may, in the case of a planning application, appeal or application for
approval which this Part applies or an application for strategic
infrastructure development, and—
(a) which,
in his or her opinion, involves development which would be likely to have
significant effects on the environment in a transboundary State, or
(b) where
a transboundary State considers that the development would be likely to
have such effects and has requested that it be provided with information
on the proposed development,
require the planning
authority or the Board, as appropriate, to furnish to him or her such
details, information or documents as he or she may specify in relation to
such application, appeal, application for approval or application for
strategic infrastructure development, as appropriate.
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Transboundary
consultation.
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126. (1) The
relevant planning authority or the Board as appropriate shall provide
information on a proposed development referred to in articles 124 or 125
to the transboundary State concerned, (except where in the case of an
application for strategic infrastructure or a request for an alteration
referred to in section 146C, the applicant or requester as appropriate has
notified a transboundary State of the proposed development or alteration)
and shall enter into consultations with that State in relation to the
potential transboundary effects of the proposed development:
(a) at
the same time as notifying the Minister under article 124(1), or
(b) upon
request for such information by the transboundary State under article 125.
(2) The
information to be provided under sub-article (1) above shall include —
(a) a
description of the project, together with any available information on its
possible transboundary impact,
(b) an
indication that the project is subject to an environmental impact
assessment procedure,
(c) an
indication that the planning authority or the Board, as the case may be,
is the competent authority responsible for taking the decision,
(d) an
indication of the types of decision the planning authority or the Board,
as the case may be, may make in relation to the application, appeal,
application for approval or application for strategic infrastructure,
(e) an
indication that a decision will not be taken on the proposed development
until the views, if any, of the transboundary State have been received or
the consultations are otherwise completed, and
(f) an
indication that where the transboundary State indicates that it wishes to
take part in the decision-making procedures in relation to the proposed
development, a copy of the EIS will be sent to it.
(3) Where
the transboundary State concerned indicates that it wishes to take part in
the decision-making procedures in relation to the proposed development,
the planning authority or the Board as appropriate shall forward the EIS
and any other relevant information to the transboundary State.
(4) Where
a planning authority or the Board has provided information and entered
into consultations with the State concerned, the relevant planning
authority or the Board, as appropriate, shall notify,
(a) in
the case of a planning application or of an application for strategic
infrastructure development, the applicant,
(b) in
the case of an appeal, the parties to the appeal, or
(c) in
the case of an application for approval, the local authority
of that fact.
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Notification
of Board by planning authority.
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127. Where
notice of, or details, information or documents in relation to, a planning
application has or have been given to the Minister by a planning authority
under article 124 or 125, the authority shall, when complying with the
requirements of section 128 of the Act, notify the Board of that fact.
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Request
for further information.
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128. (1) In
the case of a planning application to which this Chapter applies, a
planning authority may, having regard to the views of a transboundary
State, and notwithstanding article 33(2), require an applicant to submit
further information in respect of the application.
(2) Where
a planning authority considers that further information submitted under
sub-article (1) contains significant additional data on the effects on the
environment of the proposed development, it shall as soon as may be
following receipt of the further information—
(a) send
notice of, and a copy of, the further information received by the
authority to-
(i) any
person or body specified in article 28, indicating that a submission or
observation on the further information may be made in writing to the
planning authority within 4 weeks of the date of the notice,
(ii) the
Minister, and
(iii) any
relevant transboundary State,
(b) notify
any person who made a submission or observation in relation to the
planning application in accordance with article 29(1) indicating —
(i) that
the further information is available for inspection or purchase at a fee
not exceeding the reasonable cost of making a copy during office hours at
the offices of the authority, and that a submission or observation on the
further information may be made in writing to the planning authority
within 4 weeks of the date of the notice, and
(ii) that
no further fee shall be payable on condition that any submission or
observation referred to in sub-paragraph (i) is accompanied by a copy of
the acknowledgement by the authority of receipt of a submission or
observation referred to in article 29(2),
(c) require
the applicant to publish in an approved newspaper a notice, containing as
a heading the name of the planning authority and marked “Environmental
Impact Statement - Further Information”, stating —
(i) the
name of the applicant,
(ii) the
location, townland or postal address of the land or structure to which the
application relates (as may be appropriate),
(iii) the
reference number of the application on the register,
(iv) that
significant further information in relation to the application has been
furnished to the planning authority,
(v) that
the further information is available for inspection or purchase, at a fee
not exceeding the reasonable cost of making a copy, during office hours at
the offices of the authority, and that a submission or observation in
relation to the further information may be made in writing to the planning
authority within a specified period on payment of the prescribed fee.
(3) Where
a planning authority considers that the notice published in accordance
with sub-article (2)(c) does not adequately inform the public, the
authority may require the applicant to give such further notice in such a
manner and in such terms as the authority may specify.
(4) Where
a requirement under sub-article (1) is not complied with, the planning
application shall be declared to be withdrawn after the period of 6 months
from the date of the requirement for further information has elapsed.
(5) In
the case of an appeal to which this Chapter applies, the Board may, having
regard to the views of a transboundary State, issue a notice under section
132 of the Act requiring the applicant for planning permission to submit further
information to the Board.
(6) In
the case of an application for approval to which this Chapter applies, the
Board may, having regard to the views of a transboundary State, in
accordance with section 175(5) of the Act, require the local authority to
furnish further information to the Board.
(7) In
the case of an application for strategic infrastructure development, the
Board may, having regard to the views of a transboundary State, in
accordance with section 37F(1)(a), 181A(4)(a), 182A(5)(a) or 182C(5)(a) of
the Act, as may be appropriate, require the applicant to furnish further
information to the Board.
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Notice
of further information to Minister and transboundary State.
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129. (1) Where
a planning authority considers that further information or evidence
submitted in response to a request under article 33, in respect of a
planning application to which this Chapter applies, contains significant
additional data on the effects on the environment of the proposed
development, it shall, in addition to the requirements of that article,
send a copy of the relevant information or evidence to the Minister and
any relevant transboundary State.
(2) Where
the Board considers that any submission, observation, document,
particulars or other information submitted to it in response to a request
or requirement of the Board, in respect of an appeal or application for
approval to which this Chapter applies, or an application for strategic
infrastructure development, contains significant additional data on the
effects on the environment of the proposed development, it shall send a
copy of the relevant data to the Minister and any relevant transboundary
State.
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Minimum
period for determining planning application, appeal or application for
approval.
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130. A
planning authority shall, notwithstanding section 34(8) of the Act, not
decide to grant or refuse permission in respect of a planning application
to which this Chapter applies, or the Board shall not determine an appeal,
an application for approval to which this Chapter applies or an
application for strategic infrastructure development, until after
(a) the
views, if any, of any relevant transboundary State have been received in
response to consultations under article 126(1), or
(b) the
consultations are otherwise completed.
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Inclusion
of notice of transboundary effects in weekly list
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130A. The
lists referred to in article 27 and article 72(1) shall indicate that the
proposed development may have transboundary environmental effects, where
that is the case.
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Notice
of decision.
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131. A
notice under articles 31, 74, 123, 217 and 220 shall, in the case of an
application, appeal or application for approval or an application for
strategic infrastructure development to which this Chapter applies, be
sent to -
(a) the
Minister, and
(b) any
relevant transboundary State.
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Public
notice of information received pursuant to request under section 174(4) of
Act.
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132. (1) Where,
in response to a request under section 174(4) of the Act, the Minister
receives information from a transboundary State in relation to development
in such State, or where the Minister otherwise receives information from a
transboundary State in respect of any development which is subject to the
Council Directive or Transboundary Convention and which is likely to have
significant effects on the environment, he or she shall, as soon as may be
following receipt of such information, notify any planning authority
likely to be affected by the proposed development and send a copy of the
information to any such authority.
(2) Where
a planning authority receives information under sub-article (1) or
otherwise receives information from a transboundary State in respect of
any development which is subject to the Council Directive or Transboundary
Convention and which is likely to have significant effects on the
environment it shall as soon as may be following receipt of information
publish a notice in an approved newspaper and give notice of having
received the information to the bodies referred to in article 28, as
appropriate.
(3) A
notice referred to in sub-article (2) shall state:
(i) that
information has been received in relation to the proposed development in
such transboundary State,
(ii) the
nature of the information received,
(iii) that
the proposed development is subject to an environmental impact assessment
procedure and has potential transboundary effects,
(iv) the
nature of possible decision, or where there is one, the draft decision,
(v) that
the information is available for inspection, or purchase at a fee not
exceeding the reasonable cost of making a copy, during office hours at the
offices of the authority, and
(vi) that
a submission or observation in relation to the proposed development may be
made in writing to the authority within a specified period.
(4) As
soon as may be following receipt of any submission or observation referred
to in sub-article (3), the relevant planning authority shall consult with
the Minister in relation to consultation with the State concerned on the
potential transboundary effects of the proposed development.
(5) Following
consultations between the Minister and a planning authority under
sub-article (4), the relevant planning authority shall enter into
consultations with the State concerned in relation to the potential
transboundary effects of the proposed development.
(6) Where
the Minister receives information from a transboundary State in relation
to a decision to grant or refuse a development to which this Part applies,
the Minister shall, as soon as may be following receipt of such
information send such information to any planning authority likely to be
affected by the decision.
(7) A
planning authority shall, as soon as may be after receipt of the
information referred to in sub-article (6) or otherwise, publish a notice
in an approved newspaper stating -
(a) that
it has received information on a decision taken by a transboundary State,
(b) the
nature of the decision, and
(c) that
the information is available for inspection or purchase at a fee not
exceeding the reasonable cost of making a copy during office hours at the
offices of the planning authority.
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Amendment of Part 11 of the Regulations.
|
32. Part
11 of the Regulations is amended by the substitution of “Health and Safety
Authority” for “National Authority for Occupational Safety and Health” in
each place where it occurs.
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|
Amendment of [illegible] Article 137 of the Regulations.
|
33. (1) Article
137(1)(b)(ii) of the Regulations is amended by the substitution of “article
27” for “article 29”.
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|
(2) Article
137 (3) of the Regulations is amended by substituting paragraphs (e) and (f)
with the following paragraphs -
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|
“(e) where
the planning application relates to development which comprises or is for
the purposes of an activity requiring an integrated pollution control
licence or a waste licence, indicate that fact,
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(f) request
a determination as to whether the Major Accidents Regulations apply to the
proposed development, and
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(g) request
that, where the Authority determines under (f) above that the Major
Accidents Regulations apply to the proposed development, technical advice on
the effects of the proposed development on the risk or consequences of a
major accident be provided to the planning authority.”.
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|
Amendment of Article 141 of the Regulations.
|
34. (1) Article
141(1)(b)(ii) of the Regulations is amended by the substitution of “article
27” for “article 29”.
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|
(2) Article
141(3) of the Regulations is amended:
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|
(a) by the
substitution of “issue as soon as may be following” for “issue within 2
weeks of”, and
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(b) by the
substitution of paragraph (f) by the following paragraphs:
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|
“(e) where
the appeal relates to development which comprises or is for the purposes of
an activity requiring an integrated pollution control licence or a waste
licence, indicate that fact,
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(f) request
a determination as to whether the Major Accidents Regulations apply to the
proposed development, and
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|
(g) request
that, where the Authority determines under (f) above that the Major
Accidents Regulations apply to the proposed development, technical advice on
the effects of the proposed development on the risk or consequences of a
major accident be provided to the Board.”.
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|
Amendment of Article 143 of the Regulations.
|
35. Article
143(1)(b)(ii) is amended by the substitution of “article 27” for “article
29”.
|
|
|
Amendment of [illegible] Article 147 of the Regulations.
|
36. Article
147(1)(b)(ii) is amended by the substitution of “article 27” for “article
29”.
|
|
|
Amendment of Article 150 of the Regulations.
|
37. (1) Article
150(1) of the Regulations is amended by the substitution of
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|
“In addition to the requirements of
article 87, where —” with “In addition to the requirements of article 87 and
section 181A(3) of the Act, where -”
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|
(2) Article
150(1)(a)(ii) is amended by the substitution of “article 27” for “article
29”.
|
|
|
Amendment of Article 179 of the Regulations.
|
38. Article
179(2) of the Regulations is amended:
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|
(a) by
the substitution in paragraph (c) of “the Health Service Executive” for “the
appropriate health board”,
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|
(b) by
the substitution of paragraph (d) by the following paragraphs:
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|
“(d) where it appears to the
planning authority that development under the draft planning scheme would be
likely to impact on public transport – the Minister for Transport,
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|
(dd) where it appears to the
planning authority that development under the draft planning scheme would be
likely to impact on energy or communications networks - the Minister for
Communications, Marine and Natural Resources”,
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|
(c) by
the substitution of paragraph (f) with the following:
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|
“(f) where it appears to the
planning authority that development under the draft planning scheme would be
likely to significantly impact on surface transport in the Greater Dublin
Area, the Dublin Transportation Office (or any body that replaces that
office)”
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|
(d) by
the deletion in paragraph (g)(i) of “or an area specified as an
architectural conservation area in a draft of a proposed development plan or
a proposed variation of a development plan”,
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|
(e) by
the substitution in paragraphs (g), (h) and (i) of “Fáilte Ireland” for
“Bord Fáilte Éireann”,
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|
(f) by
the substitution in paragraphs (g) and (j) of the “the Minister” for “the
Minister for Arts, Heritage, Gaeltacht and the Islands”,
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|
(g) by
the substitution in paragraph (1) of “the Minister for Communications,
Marine and Natural Resources” for “the Minister for Marine and Natural
Resources”,
|
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|
(h) by
the substitution in paragraph (m) of “Health and Safety Authority” for
“National Authority for Occupational Safety and Health”,
|
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|
(i) by
the substitution in paragraph (p) of “the Minister for Community, Rural and
Gaeltacht Affairs” for “the Minister for Arts, Heritage, Gaeltacht and the
Islands”, and
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|
(j) by
the substitution of paragraphs (r) and (s) by the following paragraphs:
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|
“(r) where the site or sites to which the
draft planning scheme applies is or are in the functional area of the
Shannon Free Airport Development Company Limited (and that company is not
the relevant development agency) — that Company,
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|
(s) where the site or sites to which the
draft planning scheme applies is or are in the Dublin Docklands Area — the
Dublin Docklands Development Authority,
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|
(t) where it appears to the planning
authority that development under the draft planning scheme might -
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|
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|
(i) give
rise to a significant increase in the volume or type of traffic (including
construction traffic) passing under a height restricted railway bridge, or
using a railway level crossing, or a bridge over a railway,
|
|
|
|
(ii) because
of its proximity to a railway, impact on the structural integrity of railway
infrastructure during construction of the development, or
|
|
|
|
(iii) endanger
or interfere with the safe operation of a railway, during or after
construction,
|
|
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|
—the railway operator, the Railway Safety
Commission, and, where development under the draft planning scheme might
impact on a light railway or metro, the Railway Procurement Agency, or
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(u) where it appears to the
planning authority that development under the draft planning scheme may
relate to -
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(i) the
extraction of minerals, other than minerals within the meaning of the
Minerals Development Acts 1940-1999, whether by surface or underground
means,
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(ii) the
development of pits or quarries for the extraction of natural earth
materials, or
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(iii) where
the development requires the excavation of earth material greater than a
total volume of 50,000m3 and greater than 10m deep,
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– to
the Minister for Communications, Marine and Natural Resources.”.
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Amendment of Article 182 of the Regulations.
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39. Article
182(1) of the Regulations is amended by the substitution, in paragraph (b)
of “the Health Service Executive” for “the relevant Health Board”.
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Amendment of Article 187 of the Regulations.
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40. Article
187 of the Regulations is amended by insertion of the following sub-article
after sub-article (3):
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“(4) A
local authority may, by notice in writing, require an applicant to submit
additional copies of the application and accompanying documents, maps or
drawings.”.
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New Part 18 of the Regulations.
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41. The
following Part is inserted after Part 17 of the Regulations:
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“PART 18
Strategic Infrastructure
Development
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Interpretation
for this Part.
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209. For
the purposes of this Part, unless the context otherwise requires —
“application” means an
application for permission under section 37E or an application for approval
under sections 181A, 182A or 182C of the Act in respect of a strategic
infrastructure development,
“pre-application
consultation” means the consultations provided for in sections 37B(1),
181C(1) or 182E of the Act,
“prospective applicant”
means —
(a) in
the case of an application for permission under section 37E of the Act,
the person referred to in section 37B(2) of the Act,
(b) in
the case of an application for approval under section 181A of the Act, the
relevant State authority, or
(c) in
the case of an application for approval under sections 182A or 182C of the
Act, the prospective applicant referred to in section 182E(1).
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Pre-application
discussions.
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210. (1) On
receipt of a request to enter into pre-application consultations, the
Board shall notify the relevant planning authority of the request.
(2) The
Board shall, during the course of a pre-application consultation, indicate
to a prospective applicant:
(a) the
plans, particulars or other information which the Board will require for
the purposes of consideration of an application,
(b) the
time frames and sequencing to be applied to the application process, and
(c) any
other matters in relation to the application process as the Board
considers appropriate.
(3) (a)
Where the Board is of the opinion that the proposed development would be
likely to have significant effects on the environment in a transboundary
State, it shall indicate to the prospective applicant:
(i) which
bodies, in which States, should be notified for the purposes of Section
37E(3)(d), 181A(3)(c), 182A(4)(c) or 182B(4)(b)(iv), as appropriate, and
(ii) how
many copies of the application and environmental impact statement should
be sent with the notification referred to in (i).
(b) For
the purposes of determining which bodies are to be included under
paragraph (a), the Board may consult with -
(i) the
Minister for the Environment, Heritage and Local Government,
(ii) the
Environmental Protection Agency,
(iii) the
Minister for Communications, Marine and Natural Resources, or
(iv) the
relevant planning authority,
as it considers appropriate.
(4) The
Board may, during the course of a pre-application consultation, require a
prospective applicant to give notice to the public or to carry out
consultations with the public in advance of an application being
submitted, including-
(i) the
erection or fixing of notice or notices on the site in a form to be
specified by the Board,
(ii) the
provision of a specific place or a specific website to make available the
application, environmental impact statement and any other relevant
documentation for inspection or purchase at a fee not exceeding the
reasonable cost of making a copy,
(iii) the
use of local or national media, or
(iv) the
holding of meetings, with any person or body or for the public.
(5) During
the course of a pre-application consultation, the Board may indicate to a
prospective applicant which of the bodies prescribed under article 213
should, in the opinion of the Board, be notified by the prospective
applicant of the making of an application and the prospective applicant
shall notify those bodies.
(6) Notwithstanding
any indication given under sub-articles (2), (3), (4) or (5), nothing
shall prevent the Board from requiring a prospective applicant for
permission under section 37E or for approval under sections 181A, 182A or
182C to submit further information or from giving further notice to the
public or to any person or body.
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Consultations
on information to be contained in an environmental impact statement.
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211. (1) The
specified bodies for the purposes of sections 37D(2)(a), 181C(3) and
182E(3) shall be —
(i) the
Minister for the Environment, Heritage and Local Government,
(ii) the
Environmental Protection Agency,
(iii) the
Minister for Communications, Marine and Natural Resources,
(iv) the
relevant planning authority.
(2) In
addition to the provisions of sub-article (1), the Board may invite
submissions or observations in relation to the information to be contained
in the environmental impact statement from the bodies referred to in
Article 213, as appropriate.
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Additional
requirement for public notice in respect of application.
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212. Any
notice which an applicant is required to give to the public in respect of
an application under sections 37E(3)(a), 181A(3)(a), 182A(4)(a) or
182C(4)(a) of the Act shall indicate the types of decision the Board can
make in relation to the application.
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Prescribed
bodies.
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213. (1) The
prescribed bodies for the purposes of section 37E(3)(c), 146C(4)(c),
181A(3)(b), 182A(4)(b) and 182(C)(4)(b) of the Act are:
(a) the
Minister for the Environment, Heritage and Local Government,
(b) the
Minister for Communications, Marine and Natural Resources,
(c) the
planning authority or authorities in the area or areas in which it is
proposed to situate the proposed development,
(d) the
National Roads Authority,
(e) where
the land or structure is situated in an area of special amenity, whether
or not an order in respect of that area has been confirmed under section
203 (or deemed to be so confirmed under section 268(1)(c)) of the Act, or
that the development or retention of the structure might obstruct any view
or prospect of special amenity value or special interest - An Chomhairle
Ealaíon, Fáilte Ireland and An Taisce - the National Trust for Ireland,
(f) where
the development might obstruct or detract from the value of any tourist
amenity or tourist amenity works - Fáilte Ireland,
(g) where
the development —
(i) would
involve the carrying out of works to a protected structure or proposed
protected structure, or to the exterior of a structure which is located
within an architectural conservation area,
(ii) might
detract from the appearance of a structure referred to in sub-paragraph
(i),
(iii) might
affect or be unduly close to —
(I) a
cave, site, feature or other object of archaeological, geological,
scientific, ecological or historical interest,
(II) a
monument or place recorded under section 12
of the National
Monuments (Amendment) Act, 1994 (No. 17 of 1994),
(III) a
historic monument or archaeological area entered in the Register of
Historic Monuments under Section 5
of the National
Monuments (Amendment) Act, 1987 (No. 17 of 1987),
(IV) a
national monument in the ownership or guardianship of the Minister under
the National Monuments Acts, 1930 to 1994,
or
(iv) might
obstruct any scheme for improvement of the surroundings of or any means of
access to any structure, place, feature or object referred to in
sub-paragraph (iii),
— the Heritage Council and
An Taisce - the National Trust for Ireland, and in the case of development
of a type referred to in sub-paragraph (i) or (ii), An Chomhairle Ealaíon
and Fáilte Ireland,
(h) where
the area of any local authority might be affected by the development -
that local authority,
(i) where
the development would not be consistent with or would materially
contravene any regional planning guidelines (or any objective thereof) of
a regional authority - that regional authority,
(j) where
the development
(i) might
cause the significant abstraction or addition of water either to or from
surface or ground waters, whether naturally occurring or artificial,
(ii) might
give rise to significant discharges of polluting matters or other
materials to such waters or be likely to cause serious water pollution or
the danger of such pollution, or
(iii) would
involve the carrying out of works in, over, along or adjacent to the banks
of such waters, or to any structure in, over or along the banks of such
waters, which might materially affect the waters,
— the appropriate Regional
Fisheries Board and, in any case where the waters concerned are listed in
Part 1 of Annex 1 of the Schedule to the British-Irish
Agreement Act, 1999 (No. 1 of 1999), Waterways Ireland,
(k) where
the development might endanger or interfere with the safety of, or the
safe and efficient navigation of, aircraft - the Irish Aviation Authority,
(l) where
the development might interfere with the operation and development of a
licensed airport, whose annual traffic is not less than 1 million
passenger movements - the airport operator,
(m) where
the development may have an impact on bus or rail-based transport, Córas
Iompair Éireann and the Railway Procurement Agency, as appropriate,
(n) where
the development might significantly impact on surface transport in the
Greater Dublin Area, the Dublin Transportation Office (or any body that
replaces that office),
(o) where
the development might significantly impact on transport or maritime
navigation, the Minister for Transport,
(p) where
the development comprises or is for the purposes of an activity requiring
an integrated pollution control licence or a waste licence — the
Environmental Protection Agency;
(q) where
the development might have significant effects in relation to nature
conservation — the Heritage Council and An Taisce - the National Trust for
Ireland,
(r) where
the development is in a Gaeltacht area and it appears to the Board that it
might materially affect the linguistic and cultural heritage of the
Gaeltacht, including the promotion of Irish as the community language -
the Minister for Community, Rural and Gaeltacht Affairs and Údarás na Gaeltachta,
(s) where
the development is in the vicinity of an explosives factory, storage
magazine or local authority explosives store - the Minister for Justice,
Equality and Law Reform,
(t) where
the application could result in, or requires initial afforestation or the
removal of broadleaf high forest - the Minister for Agriculture and Food
and the Heritage Council,
(u) where
the development might have significant effects on public health - the
Health Service Executive,
(v) where
the application relates to the development of energy infrastructure, or
may have an impact on energy infrastructure - the Commission for Energy
Regulation, and
(w) where
the development might -
(i) give
rise to a significant increase in the volume or type of traffic (including
construction traffic) passing under a height restricted railway bridge, or
using a railway level crossing, or a bridge over a railway,
(ii) because
of its proximity to a railway, impact on the structural integrity of
railway infrastructure during construction of the development, or
(iii) endanger
or interfere with the safe operation of a railway, during or after
construction,
— the railway operator, the
Railway Safety Commission, and, in the case of development which might
impact on a light railway or metro, the Railway Procurement Agency.
(2) A
notice to prescribed bodies under sections 37E(3)(c), 181A(3)(b),
182A(4)(a) or 182C(4)(a) shall indicate the types of decision the Board
may make in relation to the application and shall include one copy of the
application and environmental impact statement (or where the person or
body consents to the receiving of information in that form, in electronic
form).
(3) The
Board may, at any time, require the applicant to send copies or additional
copies of an application and environmental impact statement (including
copies in electronic form) to any body or person as it may determine.
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Application
procedure.
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214. (1) When
making an application for strategic infrastructure development, the
applicant shall send to the Board -
(a) 10
copies of the plans and particulars of the proposed development (including
any plans, particulars or other information indicated by the Board under
article 210(2) and of the environmental impact statement,
(b) a
copy of the notice published in accordance with sections 37E(3)(a),
181A(3)(a), 182A(4)(a) or 182C(4)(a) of the Act, as may be appropriate,
(c) a
list of the bodies notified of the application under sections 37E(3)(c),
181A(3)(b), 182A(4)(a) or 182C(4)(a) of the Act, as may be appropriate,
and an indication of the date on which notice was sent, and
(d) a
list of any other public notice given or other public consultations
conducted by the applicant, including any notice or consultations done on
foot of a requirement by the Board under article 210, and an indication of
the date or dates of such additional notice or consultations.
(2) Where
the Board so consents or specifies, any or all of the copies or other
information specified in sub-article (1) shall be given in electronic
form.
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Major
Accidents.
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215. (1) In
addition to the requirements of article 213, where the proposed
development -
(i) will
be of a category listed in Table 1 of Schedule 8,
(ii) will
be located within the distance listed in column 2 of Table 2 of Schedule 8
from an establishment of the corresponding type listed in column 1 of
Table 2, or be located within such distance from a particular
establishment as has been specified by the Health and Safety Authority in
technical advice provided under article 27 of the Major Accident
Regulations,
(iii) relates
to the provision of, or modifications to, an establishment, or
(iv) would,
in the opinion of the Board be in the vicinity of, or would impact on, an
establishment and be relevant to the risk or consequences of a major
accident,
and the Health and Safety
Authority has not previously provided to the Board, either in relation to
the proposed development or on a generic basis, relevant technical advice
on the risk or consequences of a major accident, the Board shall notify
the Health and Safety Authority.
(2) In
forming an opinion pursuant to sub-article (1)(d), the Board shall have
regard to Tables 1 and 2 of Schedule 8.
(3) A
notice sent by the Board under sub-article (1) shall -
(a) issue
as soon as may be following receipt of the application,
(b) include
a copy of the application and environmental impact statement,
(c) identify
the relevant establishment or establishments, and
(d) request
technical advice on the effects of the proposed development on the risk or
consequences of a major accident.
(4) In
addition to the requirements of article 216, in the case of an application
to which article 215 refers, the list shall indicate that fact.
(5) Any
notice which an applicant is required to give to the public in respect of
an application under sections 37E(3)(a), 181A(3)(a), 182A(4)(a),
182C(4)(a) or 146C(4) of the Act shall, in the case of an application to
which article 215 refers, indicate that fact.
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Weekly
list
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216. (1) A
list referred to in Article 72 shall also include:
(a) any
applications for strategic infrastructure development received, or
(b) any
applications for strategic infrastructure development determined or
otherwise disposed of by the Board.
(2) A
list referred to in sub-article (1) in respect of any applications in
respect of strategic infrastructure development shall indicate:
(a) the
reference number of the application,
(b) the
name and address of the applicant,
(c) the
location of the proposed development,
(d) the
nature and extent of the development, and
(e) the
date of receipt of the application.
(3) A
list referred to in sub-article (1) in respect of any applications for
strategic infrastructure development determined or dismissed by the Board,
or withdrawn shall indicate:
(a) the
reference number of the application,
(b) the
nature and location of the development,
(c) the
name and address of the applicant,
(d) the
nature of the decision,
(e) the
date of the decision, and
(f) the
locations at which a full copy of the decision will be available.
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Submissions
or observations in relation to an application.
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217. (1) (a) Any
submission or observation to the Board in relation to an application shall
be made within the period specified in the notice published in accordance
with sections 37E(3)(a), 146C(4), 181A(3)(a), 182A(4)(a) or 182C(4)(a) of
the Act, as may be appropriate, shall be accompanied by such fee (if any)
as may be payable and shall state-
(i) the
name and address and the telephone number or e-mail address, if any, of
the person making the submission or observation and the name and address
and the telephone number or e-mail address, if any, of any person acting
on his or her behalf,
(ii) the
subject matter of the submission or observation, and
(iii) the
reasons, considerations and arguments on which the submission or
observation is based in full.
(b) Where
the Board so consents, a submission or observation may be made in
electronic form.
(2) (a) The
Board shall acknowledge in writing the receipt of any submission or
observation referred to in sub-article (1) as soon as may be following
receipt of the submission or observation.
(b) The
acknowledgement and any further correspondence from the Board in relation
to the matter shall issue in the format in which the submission or
observation was received unless otherwise agreed.
(3) Any
submissions or observations that do not comply with sub-article (1) shall
not be considered by the Board.
(4) (a) Without
prejudice to paragraph (b), a person who makes submissions or observations
to the Board in accordance with this article shall not be entitled to
elaborate upon the submissions or observations or make further submissions
or observations in relation to the application and any such elaboration,
submissions or observations that is or are received by the Board shall not
be considered by it.
(b) The
Board may, at any time before making its decision ask any person to make
submissions or observations or elaborate upon submissions or observations
in relation to an application.
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Further
information, submissions, meetings etc.
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218. (1) Before
determining any application for approval under Sections 181A, 182A or
182C, the Board may at any time, where it considers it necessary or
expedient in respect of making a decision:
(a) request
further submissions or observations from the applicant for permission, any
person who made submissions or observations, or any other person who may,
in the opinion of the Board, have information which is relevant to the
determination of the application,
(b) make
any information relating to the application available for inspection,
notify any person or the public that the information is so available and,
if it considers appropriate, invite further submissions or observations to
be made to it within such period as it may specify, or
(c) hold
meetings with the applicant for approval or any other person-
(i) where
it appears to the Board to be expedient for the purpose of determining the
application, or
(ii) where
it appears to the Board to be necessary or expedient for the purpose of
resolving any issue with the applicant for permission or any disagreement
between the applicant and any other party, including resolving any issue
or disagreement in advance of an oral hearing.
(2) The
Board shall keep a record in writing of any consultation undertaken under
sub-article (1) and a copy of such record shall be placed and kept with
the documents to which any application in respect of the proposed
development relates.
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Content
of notice of Board's decision on application for permission.
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219. Any
notice of a decision made by the Board in respect of an application for
permission under section 37G(3) or a decision in respect of an application
for approval under sections 181B(6), 182B(5) or 182D(5) of the Act shall
state that, in making a decision, the Board has had regard to any
submissions or observations received in accordance with the Act or these
Regulations.
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Content
of decision on application for approval of strategic infrastructure
development.
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220. (1) The Board
shall, as soon as may be following the making of its decision on an
application for approval under sections 181B(6), 182B(5) or 182D(5) of the
Act shall-
(a) publish
in an approved newspaper notice of its decision, and
(b) notify
the applicant concerned, the planning authority or authorities in whose
area the development would be situated and any person or body who made a
submission or observation in respect of the application for approval
concerned.
(2) Notice
of the decision of the Board under sub-article (1)(b) shall include-
(a) the
reference number of the application,
(b) the
development to which the decision relates,
(c) the
nature of the decision,
(d) the
date of the decision,
(e) the
main reasons and considerations on which the decision is based, and
(f) any
conditions attached to a decision, including conditions relating to
community gain and the main reasons for the imposition of any such
conditions.”.
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Notice
under 146C(4).
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221. (1) (a) Where
the requester is required to send a copy of the environmental impact
statement, together with a notice, to a Member State of the European
Communities or a state which is a party to the Transboundary Convention
under Section 146C(4)(d) of the Act, the Board shall indicate to the
requester which bodies, in which states, are to be notified.
(b) For
the purposes of determining which bodies are to be included under
paragraph (a), the Board may consult with -
(i) the
Minister for the Environment, Heritage and Local Government.
(ii) the
Environmental Protection Agency,
(iii) the
Minister for Communications, Marine and Natural Resources, or
(iv) the
relevant planning authority
as appropriate.
(2) A
notice in accordance with Section 146C(4) of the Act shall include:
(a) a
description of the development, including location,
(b) the
reference number of the initial approval or permission,
(c) the
nature and extent of the proposed alteration,
(d) the
name and address of the requestor, and
(e) the
types of the decision the Board may make in relation to the application.
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Application
of this Part.
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222. For
the avoidance of doubt, this Part shall not apply to any development where
an application has been lodged prior to the coming into force of this
Part.”.
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Substitution of Schedule 3 of the Regulations.
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42. (1) Schedule
3 of the Regulations is hereby substituted by the Schedule to these
Regulations.
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SCHEDULE
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Schedule 3
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Prescribed Notices
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Site notice.
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NAME OF PLANNING AUTHORITY.1
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SITE NOTICE
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I, ___________________2, intend to
apply for permission / retention permission / outline permission/ permission
consequent on the grant of outline permission (Ref. No. of outline
permission)3 for development at this site
__________________________________________________
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_______________________________________________________________________________4
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The development will
consist/consists5 of
________________________________________________
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_______________________________________________________________________________
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_______________________________________________________________________________
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_______________________________________________________________________________6
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The planning
application may be inspected or purchased at the offices of the planning
authority during its public opening hours. A submission or observation in
relation to the application may be made in writing to the planning authority
on payment of the prescribed fee within the period of 5 weeks beginning on
the date of receipt by the authority of the application.
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Signed:
______________7
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Date of erection of
site notice_________8
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Directions
for completing this notice.
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1. The
name of the planning authority to which the planning application will be
made should be inserted here.
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2. The
name of the applicant for permission (and not his or her agent) should be
inserted here.
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3. Delete
as appropriate. The types of permission which may be sought are -
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(a) permission,
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(b) retention
permission,
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(c) outline
permission,
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(d) permission
consequent on the grant of outline permission. If this type of permission is
being sought, the reference number on the planning register of the relevant
outline permission should be included.
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4. The
location, townland or postal address of the land or structure to which the
application relates should be inserted here.
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5. Delete
as appropriate. The present tense should be used where retention permission
is being sought.
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6. A
brief description of the nature and extent of the development should be
inserted here. The description shall include -
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(a) where
the application relates to development consisting of or comprising the
provision of houses, the number of houses to be provided. ‘Houses’ includes
buildings designed as 2 or more dwellings or flats, apartments or other
dwellings within a building,
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(b) where
the application relates to the retention of a structure, the nature of the
proposed use of the structure and, where appropriate, the period for which
it is proposed to retain the structure,
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(c) where
the application relates to development which would consist of or comprise
the carrying out of works to a protected structure or proposed protected
structure, an indication of that fact,
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(d) where
an environmental impact statement has been prepared in respect of the
planning application, an indication of that fact,
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(e) where
the application relates to development which comprises or is for the
purposes of an activity requiring an integrated pollution control licence or
a waste licence, an indication of that fact, or
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(f) where a
planning application relates to development consisting of the provision of,
or modifications to an establishment within the meaning of Part 11 of these
Regulations (Major Accidents Directive), an indication of that fact.
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7. Either
the signature of the applicant or the signature and contact address of the
person acting on behalf of the applicant should be inserted here.
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8. The
date that the notice is erected or fixed at the site should be inserted
here.
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Planning Application Form.
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BEFORE FILLING OUT THIS FORM PLEASE NOTE THE FOLLOWING:
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STANDARD PLANNING
APPLICATION FORM AND ACCOMPANYING DOCUMENTATION:
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Please ensure that each
section of this application form is fully completed and signed. The
applicant should enter n/a (not applicable) where appropriate.
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Please ensure that all
necessary documentation is attached to your application form.
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Failure to complete this form
or attach the necessary documentation, or the submission of incorrect
information or omission of required information will lead to the
invalidation of your application.
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ADDITIONAL INFORMATION
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It should be noted that
each planning authority has its own development plan, which sets out local
development policies and objectives for its own area. The authority may
therefore need supplementary information (i.e. other than that required in
this form) in order to determine whether the application conforms with the
development plan and may request this on a supplementary application form.
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Failure to supply the
supplementary information will not invalidate your planning application.
However, if it is not supplied, the planning authority may not be able to
reach a decision on whether or not to grant permission on the basis of the
information available to it. Therefore failure to supply this information
could delay the decision on an application or lead to a refusal of
permission.
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Applicants should
therefore contact the relevant planning authority to determine what local
policies and objectives would apply to the development proposed and
whether additional information is required.
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PLANNING
APPLICATION FORM
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1. Name of Relevant Planning Authority:
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_______________________________________________________________________________
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2. Location of Proposed Development:
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Postal Address or Townland or Location
(as may best identify the land or structure in question)
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Ordnance Survey
Map Ref No (and the Grid Reference where available)1
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3. Type of planning permission (please tick
appropriate box):
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[ ] Permission
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[ ] Permission for retention
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[ ] Outline Permission
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[ ] Permission consequent on
Grant of Outline Permission
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4. Where
planning permission is consequent on grant of outline permission:
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Outline Permission
Register Reference Number: __________
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Date of Grant of
Outline Permission: ___/___/___
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5. Applicant2:
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Name(s)
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Address(es)
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Telephone No.
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Mobile No. (if any)
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Email Address (if any)
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Fax No. (if any)
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6. Where Applicant
is a Company (registered under the Companies Acts 1963 to 1999):
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Name(s) of company
director(s)
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Registered Address (of
company)
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Company Registration No.
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Telephone No.
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Email Address (if any)
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Fax No. (if any)
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7. Person/Agent
acting on behalf of the Applicant (if any):
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Name
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Address
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Telephone No.
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Mobile No. (if any)
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Email Address (if any)
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Fax No. (if any)
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Should all
correspondence be sent to the above address? (please tick appropriate box)
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(Please note that if the
answer is ‘No’, all correspondence will be sent to the Applicant's
address)
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Yes [ ]
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No [ ]
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8. Person
responsible for preparation of Drawings and Plans3:
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Name
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Address
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Telephone No.
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Mobile No. (if any)
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Email Address (if any)
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Fax No. (if any)
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9. Description of
Proposed Development:
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Brief description of
nature and extent of development4
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10. Legal Interest
of Applicant in the Land or Structure:
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Please tick appropriate
box to show applicant's legal interest in the land or structure
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A. Owner
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B. Occupier
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C. Other
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Where legal interest is
‘Other’, please expand further on your interest in the land or structure
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If you are
not the legal owner, please
state the name and address of the owner and supply a letter from the owner
of consent to make the application as listed in the accompanying
documentation
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11. Site Area:
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Area of site to which the
application relates in hectares
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ha
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12. Where the
application relates to a building or buildings:
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Gross floor space5
of any existing building(s) in m2
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Gross floor space of
proposed works in m2
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Gross floor space of work
to be retained in m2 (if appropriate)
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Gross floor space of any
demolition in m2 (if appropriate
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13. In the case of
mixed development (e.g. residential, commercial, industrial, etc), please
provide breakdown of the different classes of development and breakdown of
the gross floor area of each class of development:
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Class of Development
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Gross floor area in m2
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14. In the case of
residential development please provide breakdown of residential mix:
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Number of
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Studio
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1 Bed
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2 Bed
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3 Bed
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4 Bed
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4-Bed
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Total
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Houses
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Apartments
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Number of
car-parking spaces to be provided
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Existing:
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Proposed:
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Total:
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15. Where the
application refers to a material change of use of any land or structure or
the retention of such a material change of use:
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Existing use6
(or previous use where retention permission is sought)
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Proposed use (or use it is
proposed to retain)
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Nature and
extent of any such proposed use (or use it is proposed to retain)
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16. Social and
Affordable Housing
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Please tick
appropriate box
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Yes
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No
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Is the
application an application for permission for development to which Part V
of the Planning and
Development Act 2000 applies?7
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If the answer to the above
question is “yes” and the development is not exempt (see below), you must
specify, as part of your application, the manner in which you propose to
comply with section 96 of Part V of the Act.
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If the answer to the above
question is “yes” but you consider the development to be exempt by virtue
of section 97
of the Planning and
Development Act 2000 8, a copy of the Certificate of
Exemption under section 97 must be submitted (or, where an application for
a certificate of exemption has been made but has not yet been decided, a
copy of the application should be submitted).
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If the answer to the above
question is “no” by virtue of section 96(13) of the Planning and
Development Act 20009, details indicating the basis on which
section 96(13) is considered to apply to the development should be
submitted.
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17. Development
Details
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Please tick
appropriate box
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Yes
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No
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Does the proposed
development consist of work to a protected structure and/or its curtilage
or proposed protected structure and/or its curtilage?
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Does the proposed
development consist of work to the exterior of a structure which is
located within an architectural conservation area (ACA)?
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Does the application
relate to development which affects or is close to a monument or place
recorded under section 12
of the National Monuments
(Amendment) Act, 1994 10
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Does the application
relate to work within or close to a European Site (under S.I. No.94 of 1997 )
or a Natural Heritage Area?
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Does the proposed
development require the preparation of an Environmental Impact Statement11?
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Does the application
relate to a development which comprises or is for the purposes of an
activity requiring an integrated pollution prevention and control licence?
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Does the application
relate to a development which comprises or is for the purposes of an
activity requiring a waste licence?
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Do the Major Accident
Regulations apply to the proposed development?
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Does the application
relate to a development in a Strategic Development Zone?
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Does the proposed
development involve the demolition of any habitable house12?
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18. Site History
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Details regarding site
history (if known)
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Has the site in question
ever, to your knowledge, been flooded?
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Yes [ ]
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No [ ]
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If yes, please give details
e.g. year, extent.
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Are you aware of previous
uses of the site e.g. dumping or quarrying?
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Yes [ ]
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No [ ]
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If yes, please give details.
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Are you aware of any valid
planning applications previously made in respect of this land/structure?
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Yes [ ]
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No [ ]
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If yes, please state planning
reference number(s) and the date(s) of receipt of the planning
application(s) by the planning authority if known:
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Reference
No.:____________________________________________Date:______________
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If a valid planning application
has been made in respect of this land or structure in the 6 months prior
to the submission of this application, then the site notice must be on a
yellow background in accordance with Article 19(4) of the Planning and
Development Regulations 2001 as amended.
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Is the site of the
proposal subject to a current appeal to An Bord Pleanála in respect of a
similar development13?
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Yes [
]
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No [ ]
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An
Bord Pleanála Reference No.:
__________________
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19. Pre-application
Consultation
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Has a
pre-application consultation taken place in relation to the proposed
development 14?
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Yes [ ]
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No [ ]
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If yes, please
give details:
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Reference No. (if
any): ________________
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Date(s) of
consultation:___/___/___
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Persons
involved: _________________________________________________________________
_____________________________________________________________________________________________
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20. Services
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Proposed Source of
Water Supply
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Existing connection [ ]
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New
connection [ ]
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Public Mains [ ]
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Group Water
Scheme [ ]
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Private Well [ ]
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Other (please specify):
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__________________________________________________________________
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Name of Group Water Scheme
(where applicable)
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___________________________________
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Proposed Wastewater
Management/Treatment
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Existing [ ]
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New [ ]
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Public Sewer [ ]
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Conventional
septic tank system [ ]
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Other on-site treatment
system [ ] Please specify
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________________________
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Proposed Surface Water
Disposal
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Public Sewer/Drain [ ]
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Soakpit [ ]
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Watercourse [ ]
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Other [ ] Please specify
_________________________________
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21. Details of Public Notice
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Approved
newspaper15 in which notice was published
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Date of publication
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Date on which
site notice was erected
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22. Application Fee
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Fee Payable
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Basis of Calculation
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I hereby
declare that, to the best of my knowledge and belief, the information given
in this form is correct and accurate and fully compliant with the Planning
& Development Act 2000, as amended, and the Regulations made thereunder:
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Signed
(Applicant or
Agent as appropriate)
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Date
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An applicant will not be entitled solely by
reason of a planning permission to carry out the development. The applicant
may need other consents, depending on the type of development. For example,
all new buildings, extensions and alterations to, and certain changes of use
of existing buildings must comply with building regulations, which set out
basic design and construction requirements.
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This form should
be accompanied by the following documentation:
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Please note that if
the appropriate documentation is not included, your application will be
deemed invalid.
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ALL Planning
Applications
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□ The
relevant page of newspaper that contains notice of your application
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□ A
copy of the site notice
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□ 6
copes of site location map16
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□ 6
copies of site or layout plan16+17
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□ 6
copies of plans and other particulars required to describe the works to
which the development relates (include detailed drawings of floor plans,
elevations and sections - except in the case of outline permission)
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□ The
appropriate Planning Fee
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Where the
applicant is not the legal owner of the land or structure in question:
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□ The
written consent of the owner to make the application
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Where the
application is for residential development that is subject to Part V of the
2000 Act:
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□ Specification
of the manner in which it is proposed to comply with section 96 of Part V
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Or
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□ A
certificate of exemption from the requirements of Part V
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Or
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□ A
copy of the application submitted for a certificate of exemption.
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Where the
application is for residential development that is not subject to Part V of
the 2000 Act by virtue of section 96(13) of the Act:
|
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□ Information
setting out the basis on which section 96(13) is considered to apply to the
development.
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Where the
disposal of wastewater for the proposed development is other than to a
public sewer:
|
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□ Information
on the on-site treatment system proposed and evidence as to the suitability
of the site for the system proposed.
|
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Where the
application refers to a protected structure/ proposed protected structure/
or the exterior of a structure which is located within an architectural
conservation area (ACA):
|
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□ Photographs,
plans and other particulars necessary to show how the development would
affect the character of the structure.
|
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Applications
that refer to a material change of use or retention of such a material
change of use:
|
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□ Plans
(including a site or layout plan and drawings of floor plans, elevations and
sections which comply with the requirements of Article 23) and other
particulars required describing the works proposed.
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Where an
application requires an Environmental Impact Statement:
|
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□ An
Environmental Impact Statement
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Applications
that are exempt from planning fees:
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□ Proof
of eligibility for exemption18
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Directions
for completing this form.
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1. Grid
reference in terms of the Irish Transverse Mercator.
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2. “The
applicant” means the person seeking the planning permission, not an agent
acting on his or her behalf.
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3. Where
the plans have been drawn up by a firm/company the name of the person
primarily responsible for the preparation of the drawings and plans, on
behalf of that firm/company, should be given.
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4. A
brief description of the nature and extent of the development, including
reference to the number and height of buildings, protected structures, etc.
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5. Gross
floor space means the area ascertained by the internal measurement of the
floor space on each floor of a building; i.e. Floor areas must be measured
from inside the external wall.
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6. Where
the existing use is ‘vacant’, please state most recent authorised use of the
land or structure.
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7. Part
V of the Planning and
Development Act 2000 applies where -
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• the
land is zoned for residential use or for a mixture of residential and other
uses;
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• there
is an objective in the Development Plan for the area for a percentage of the
land to be made available for social and/or affordable housing; and
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• the
proposed development is not exempt from Part V.
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8. Under
section 97
of the Planning and
Development Act 2000 , applications involving development of 4 or
fewer houses or development on land of less than 0.1 hectare may be exempt
from Part V.
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9. Under
section 96(13) of the Planning
and Development Act 2000 , Part V does not apply to certain
housing developments by approved voluntary housing bodies, certain
conversions, the carrying out of works to an existing house or the
development of houses under an agreement made under section 96 of the Act
|
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10. The
Record of Monuments and Places, under section 12 of the National Monuments
Amendment Act 1994, is available, for each county, in the local authorities
and public libraries in that county. Please note also that if the proposed
development affects or is close to a national monument which, under the
National Monuments Acts 1930 to 2004, is in the ownership or guardianship of
the Minister for the Environment, Heritage and Local Government or a local
authority or is the subject of a preservation order or a temporary
preservation order, a separate statutory consent is required, under the National
Monuments Acts, from the Minister for the Environment, Heritage and Local
Government. For information on whether national monuments are in the
ownership or guardianship of the Minister for the Environment, Heritage and
Local Government or a local authority or are the subject of preservation
orders, contact the National Monuments Section, Department of the
Environment. Heritage and Local Government (1890 20 20 21).
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11. An
Environmental Impact Statement (EIS) is required for classes of development
prescribed by Article 93 and Schedule 5 of the Planning and Development
Regulations 2001-2006. In accordance with Article 103 of the Planning and
Development Regulations 2001, an EIS may also be required for developments
below the prescribed threshold if the planning authority considers that the
development is likely to have significant effects on the environment or,
where the development would be located on or in an area, site, etc. set out
in Article 103(2), it considers that the development would be likely to have
significant effects on the environment of that area, site, etc.
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12. Demolition
of a habitable house requires planning permission.
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13. The
appeal must be determined or withdrawn before another similar application
can be made.
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14. A
formal pre-application consultation may only occur under Section 247
of the Planning and
Development Act 2000 . While it is not mandatory, a pre-planning
consultation is recommended. The applicant should contact the planning
authority to arrange specific times and locations. In the case of
residential development to which Part V of the 2000 Act applies, applicants
are advised to avail of the pre-application consultation facility in order
to ensure that a Part V agreement in principle can be reached in advance of
the planning application being submitted.
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15. The
list of approved newspapers, for the purpose of giving notice of intention
to make a planning application, is available from the planning authority to
which the application will be submitted.
|
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16. All
plans, drawings and maps submitted to the planning authority should be in
accordance with the requirements of the Planning and Development Regulations
2001-2006.
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17. The
location of the site notice(s) should be shown on site location map.
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18. See
Schedule 9 of Planning and Development Regulations 2001. If a reduced fee is
tendered, details of previous relevant payments and planning permissions
should be given. If exemption from payment of fees is being claimed under Article
157 of the 2001 Regulations, evidence to prove eligibility for exemption
should be submitted.
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Form no. 3
|
Articles 28 and 35
|
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ACKNOWLEDGEMENT
of RECEIPT of SUBMISSION or OBSERVATION on a PLANNING APPLICATION
|
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THIS
IS AN IMPORTANT DOCUMENT
|
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|
|
KEEP THIS DOCUMENT
SAFELY. YOU WILL BE REQUIRED TO PRODUCE THIS ACKNOWLEDGEMENT TO AN BORD
PLEANÁLA IF YOU WISH TO APPEAL THE DECISION OF THE PLANNING AUTHORITY. IT IS
THE ONLY FORM OF EVIDENCE WHICH WILL BE ACCEPTED BY AN BORD PLEANALA THAT A
SUBMISSION OR OBSERVATION HAS BEEN MADE TO THE PLANNING AUTHORITY ON THE
PLANNING APPLICATION.
|
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PLANNING
AUTHORITY NAME_______________________________________________________(insert
name)
|
|
|
|
PLANNING
APPLICATION REFERENCE No.___________________________________________(insert
ref no.)
|
|
|
|
A
submission/observation in writing, has been received from_____________________________________________
|
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|
|
(insert name
of person or body who made submission)
on________________________________________________
|
|
|
|
(insert date
received) in relation to the above
planning application.
|
|
|
|
The appropriate
fee of___________ (insert amount) has been paid. (Fee not
applicable to prescribed bodies)
|
|
|
|
The
submission/observation is in accordance with the appropriate provisions of
the Planning and Development Regulations 2001 and will be taken into account
by the planning authority in its determination of the planning application.
|
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|
_______________
|
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|
Official's Name
|
Planning
Authority Stamp
|
|
|
|
|
Date____________
|
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|
|
NAME OF
PLANNING AUTHORITY1
|
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|
|
SITE NOTICE OF FURTHER INFORMATION/REVISED PLANS
|
|
|
|
Name of
applicant______________________________________________________________________________2
|
|
|
|
Reference number of
the
application_________________________________________________________________3
|
|
|
|
The development
applied for consisted
of_____________________________________________________________
|
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|
|
_____________________________________________________________________________________________
|
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|
|
_____________________________________________________________________________________________4
|
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|
|
Significant Further
Information/Revised Plans5 has/have5 been furnished to
the planning authority in respect of this proposed development, and is/are5
available for inspection or purchase at the offices of the authority during
its public opening hours.
|
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|
|
A submission or
observation in relation to the further information or revised plans may be
made in writing to the planning authority within the statutory time limit. A
submission or observation must be accompanied by the prescribed fee, except
in the case of a person or body who has already made a submission or
observation.
|
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|
|
Signed:_______________6
|
|
|
|
Date of erection of
site notice:__________7
|
|
|
|
Directions
for completing this notice.
|
|
|
|
1. The
name of the planning authority to which the planning application was made
should be inserted here.
|
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|
|
2. The
name of the applicant for permission (and not his or her agent) should be
inserted here.
|
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|
|
3. Reference
number of the planning application on the register of the planning
authority.
|
|
|
|
4. This
description should be identical to that used on the site notice (Form no.
1).
|
|
|
|
5. Delete
as appropriate.
|
|
|
|
6. Either
the signature of the applicant or the signature and contact address of the
person acting on behalf of the applicant should be inserted here.
|
|
|
|
7. The
date that the notice is erected or fixed at the site should be inserted
here.
|
|
|
|
|
|
|
|
Notice of
proposed material contravention of development plan.
|
|
|
|
PLANNING AND DEVELOPMENT ACT 2000
|
|
|
|
MATERIAL CONTRAVENTION OF DEVELOPMENT PLAN FOR
|
|
|
|
_______________________________________________________________1
|
|
|
|
Ref. No. in register ______________________
|
|
|
|
Notice is hereby
given in accordance with section 34(6) of the Planning and
Development Act 2000 that
_____________________________________________________2 intends to
consider deciding to grant a permission/retention permission / outline
permission/ permission consequent on the grant of outline permission (Ref.
No. of outline permission)3 for
______________________________________________________________
|
|
|
|
____________________________________________________________________________________________4
|
|
|
|
at
__________________________________________________________________________________________5
|
|
|
|
The development
would contravene materially the following objective of the development plan:
|
|
|
|
____________________________________________________________________________________________
|
|
|
|
____________________________________________________________________________________________
|
|
|
|
____________________________________________________________________________________________6
|
|
|
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Particulars of the
development may be inspected or purchased at the offices of the planning
authority during its public opening hours. Any submission or observation as
regards the making of a decision to grant permission received not later than
4 weeks after _______________________________7 will be duly
considered by the planning authority.
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Signed______________________8
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Date________________________
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Directions
for completing this form
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1. Insert
title of development plan.
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2. Insert
name of planning authority.
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3. Omit
words which do not apply.
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4. Indicate
nature and extent of development.
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5. Indicate
location, townland or postal address of the land or structure concerned (as
may best identify the land or structure in question).
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6. State
which objective of the development plan would be materially contravened by
granting the permission.
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7. Insert
date of first publication of notice.
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8. Insert
description of the person signing form, e.g. Town Clerk.
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Given under the
Official Seal of the Minister for the Environment, Heritage and Local
Government this 21st day of December 2006.
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Dick Roche T.D.
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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The purpose of
these Regulations is to amend the Planning and Development Regulations 2001
and to implement the Planning
and Development (Strategic Infrastructure) Act 2006 . Articles 1
and 2 shall come into force on the date of signing of the regulations,
articles 11, 12, 20, 23, 31, 37 and 41 shall come into force on the 31st
January 2007 and articles 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18,
19, 21, 22, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 38, 39, 40 and
42 shall come into force on the 31st March 2007.
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