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S.I. No. 135 of
2007
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PLANNING AND
DEVELOPMENT (NO. 2) REGULATIONS 2007.
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Notice of the
making of this Statutory Instrument was published in
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“Iris Oifigiúil”
of 3rd April, 2007.
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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, 24, 33, 37I and 262 of the Planning
and Development Act 2000 , as amended by the Planning and Development
(Strategic Infrastructure) Act 2006 , (as adapted by the Environment and
Local Government (Alteration of Name of Department and Title of Minister)
Order 2003 (S.I. 233 of 2003) hereby makes the following Regulations—
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PART 1
Preliminary and General
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Citation
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1. These Regulations shall
be cited as the Planning and Development (No. 2) Regulations 2007.
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Commencement
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2. These Regulations shall
come into operation on the 31st March 2007.
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Interpretation
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3. In these Regulations—
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‘the 2001 Regulations’ means the Planning and Development Regulations
2001 (S.I. 600 of 2001);
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‘the 2006 Regulations’ means the Planning and Development Regulations
2006 (S.I. 685 of 2006);
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‘the Act’ means the Planning and Development Acts 2000-2006.
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PART 2 Amendment
of 2006 Regulations
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Amendment of Article 34 of
the 2006 Regulations
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4. Article 34(2) of the 2006
Regulations is amended by the substitution in paragraph (b) of
“paragraphs (e) and (f)” for “paragraph (f)”.
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Insertion of new Article
43 into 2006 Regulations
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5. The 2006 Regulations are
amended by the insertion of the following after Article 42—
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“Transitional
arrangements
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43. (1) Applications made in
accordance with the 2001 Regulations prior to the coming into force of these
regulations, but not determined by the planning authority on the coming into
force of these Regulations, shall continue to be valid.
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(2) In the case of
applications referred to in paragraph (1), where, on inspection of the site,
the requirements of the 2001 Regulations prior to the coming into force of
these Regulations have been met, the application shall not be deemed invalid
on the basis of Article 26 of the 2001 Regulations as amended.
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(3) No application shall be
invalidated in accordance with Article 26 of the 2001 Regulations as
amended, if it meets the requirements of the 2001 regulations prior to the
coming into force of these regulations.
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(4) The provisions of this
article shall cease to have effect on 1st June 2007.”.
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PART 3 Amendment
of the Planning and Development Regulations 2001-2007
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Interpretation for this
Part
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6. In this Part unless
otherwise indicated, “the Regulations” means the Planning and Development
Regulations 2001 to 2007 and a reference to an article shall be construed
accordingly.
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Amendment of Article 13 of
the Regulations
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7. Article 13 of the
Regulations is amended by the insertion after paragraph (o) of the
following paragraph—
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“(oo)
the Environmental Protection Agency,”.
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Amendment of Article 15 of
the Regulations
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8. Article 15 of the
Regulations is amended by the insertion after paragraph (p) of the
following paragraph—
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“(pp) the
Environmental Protection Agency,”.
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Amendment of Article 27 of
the Regulations
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9. Article 27(2) is amended
by—
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(a) the insertion,
after “refused” of “; that it is the responsibility of any person wishing to
use the personal data on planning applications and decisions lists for
direct marketing purposes to be satisfied that they may do so legitimately
under the requirements of the Data Protection Acts 1988 and 2003 taking
account of the preferences outlined by applicants in their applications,”
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(b) by the deletion of
“and address” in paragraph (a).
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Amendment of Article 29 of
the Regulations
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10. Article 29(1) of the
Regulations is amended by the substitution of paragraph (b) with the
following—
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“(b) Any submission
or observation received shall—
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(i)
state the name of the person or body making the submission or observation,
and
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(ii) indicate the address
to which any correspondence relating to the application should be sent.”.
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Amendment of Article 32 of
the Regulations
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11. Article 32 of the
Regulations is amended by the substitution of sub-article (2) with the
following—
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“(2) A list referred to in
sub-article (1) shall have a banner heading stating—
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(a) 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,
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(b) that it is the
responsibility of any person wishing to use the personal data on planning
applications and decisions lists for direct marketing purposes to be
satisfied that they may do so legitimately under the requirements of the
Data Protection Acts 1988 and 2003 taking account of the preferences
outlined by applicants in their applications,
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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.”.
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Amendment of Article 36 of
the Regulations
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12. Article 36 is amended by
the substitution of sub-article (3) with the following—
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“(3) Any submission or
observation made in accordance with sub-article (2) shall—
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(a) state the name of
the person or body making the submission or observation, and
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(b) indicate the
address to which any correspondence relating to the application should be
sent.”.
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Amendment of Article 42 of
the Regulations
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13. Article 42 of the
Regulations is amended by the substitution of the following paragraph for
paragraph (a)—
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“(a) the name and
address of the applicant and of the person, if any, acting on behalf of the
applicant,”.
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Amendment of Article 47 of
the Regulations
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14. Article 47 of the
Regulations is amended—
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(a) in sub-article (2)
by the deletion of “and address” in paragraph (a), and
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(b) in sub-article (4)
by the deletion of “and address” in paragraph (a).
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Amendment of Article 216
of the Regulations
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15. Article 216 of the
Regulations is amended by—
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(a) in sub-article (2)
by the deletion of “and address” in paragraph (b), and
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(b) in sub-article (3)
by the deletion of “and address” in paragraph (c).
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Amendment of Article 217
of the Regulations
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16. Article 217(1) is
amended by the substitution of the following sub-paragraph for sub-paragraph
(i) in paragraph (a)—
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“(i)
the name of the person making the submission or observation, the name of the
person acting on his or her behalf, if any, and the address to which any
correspondence relating to the application should be sent,”.
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Amendment of Article 221
of the Regulations
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17. Article 221(2) of the
Regulations is amended by the deletion of “and address” in paragraph (d).
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GIVEN under my Official Seal,
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29 March 2007
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DICK ROCHE T.D.
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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 make
certain amendments to the Planning and Development Regulations 2001-2006
including in relation to Data Protection requirements.
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