100+ Housing 2021
Planning and Development Act
Person to seek opinion of planning authority prior to application for LRD.
32A. (1) A person who intends to apply for permission under this Part—
(a) for large-scale residential development,
(b) on land—
(i) that is not located in a strategic development zone, and
(ii) the zoning of which facilitates its use for the purposes proposed in the application,
(referred to in this Act as a “prospective LRD applicant”) shall not make the application unless at that time he or she holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.
(2) A planning authority shall refuse to consider an application for permission—
(a) for large-scale residential development,
(b) on land—
(i) that is not located in a strategic development zone, and
(ii) the zoning of which facilitates its use for the purposes proposed in the application,
unless it is satisfied that the applicant holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.
(3) Where a planning authority refuses to consider an application for permission under subsection (2), it shall return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.]
Annotations:
Amendments:
F306
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
F307[
Request for LRD meeting.
32B. (1) A prospective LRD applicant may, once he or she has consulted the appropriate planning authority or authorities in whose area or areas the proposed LRD would be situated in accordance with section 247, request an LRD meeting with that planning authority or authorities.
(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—
(a) the name and address of the prospective LRD applicant,
(b) a site location map sufficient to identify the land on which the proposed development would be situated,
(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,
(d) a draft layout plan of the proposed development,
(e) a brief description of any proposals to provide for water services infrastructure, including, in the case where it is proposed to connect the proposed development to a public water or wastewater network or both, evidence that Irish Water has confirmed that it is feasible to provide the appropriate service or services and that the relevant network or networks have the capacity to service the proposed development,
(f) details of any consultations that have taken place with prescribed bodies or the public,
(g) such other information, drawings or representations as the prospective LRD applicant may wish to provide or make available,
(ga) a statement setting out how the proposed LRD has had regard to the relevant objectives of the development plan or local area plan in whose area or areas the proposed LRD would be situated, and
(h) such further information as may be prescribed.
(3) Without prejudice to the generality of subsection (2)(h), the Minister may, in particular, for the purposes of that paragraph, prescribe information regarding the following matters:
(a) the proposed types of houses and student accommodation units and their design, including proposed internal floor areas, housing density, plot ratio, site coverage, building heights, proposed layout and aspect;
(b) the provision of public and private open spaces, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant;
(c) the provision of ancillary services, where required, including child care facilities;
(d) any proposals to address or, where relevant, integrate the proposed development with surrounding land uses;
(e) road infrastructure;
(f) any proposals to provide for services infrastructure (including water, wastewater and cabling, including broadband provision), and any phasing proposals;
(g) proposals under Part V, where relevant;
(h) details of protected structures and archaeological monuments included in the Record of Monuments and Places, where relevant;
(i) any aspect of the proposed development likely to have significant effects on the environment or significant effects on a European site.
(4) The planning authority may, prior to the LRD meeting taking place, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the LRD meeting in relation to a proposed development.
(5) Where a planning authority consults with a person under subsection (4), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.]
Annotations:
Amendments:
F307
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
F308
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 10, not commenced as of date of revision.
Modifications (not altering text):
C44
Prospective affecting provision: subs. (6) inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 10, not commenced as of date of revision.
F308[(6) A request by a prospective LRD applicant under subsection (1) may include a request that the LRD meeting be treated as a meeting for the purposes of section 32I and such request shall comply with section 32H(2).]
Editorial Notes:
E151
Power pursuant to section exercsied (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.
F309[
LRD meeting.
32C. (1) Where the prospective LRD applicant submits a request in accordance with section 32B, the planning authority shall convene an LRD meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.
(2) The following persons shall attend an LRD meeting convened under subsection (1):
(a) the planning authority;
(b) the prospective LRD applicant, one or more persons on his or her behalf, or both.
(3) The planning authority shall ensure that planning authority officials attending the LRD meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.
(4) The planning authority shall keep a record in writing of any LRD meeting including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under section 32C(7) or 32D(4), and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.
(5) A record kept by a planning authority under subsection (4) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.
(6) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding an LRD meeting, including—
(a) matters that are required to be considered at the LRD meeting,
(b) matters that may be considered at the LRD meeting, and
(c) the manner in which the LRD meeting is to be conducted.
(7) Where, on the expiry of the period specified in subsection (1), the LRD meeting has not taken place, the planning authority shall proceed to convene the LRD meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the LRD meeting did not take place in the specified period.]
Annotations:
Amendments:
F309
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
Editorial Notes:
E152
Power pursuant to section exercsied (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.
F310[
LRD Opinion.
32D. (1) The planning authority shall provide an opinion (referred to in this Act as an “LRD opinion”) to the prospective LRD applicant, within the period of 4 weeks beginning on the date on which the LRD meeting takes place, as to whether or not the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.
(2) Where the opinion of the planning authority is that the documents submitted for the purposes of the meeting do not constitute a reasonable basis on which to make an application for permission for the proposed LRD it shall specify in the LRD opinion—
(a) the areas, or the issues, in respect of which the documents submitted do not constitute a reasonable basis on which to make the application, and
(b) any issues that, if addressed by the relevant documents, could result in the documents constituting a reasonable basis on which to make the application.
(2A) The LRD opinion issued by a planning authority under subsection (1) shall be made public when a planning application in respect of the proposed development is made in accordance with section 34.
(3) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the planning authority providing an LRD opinion, including the form of the LRD opinion.
(4) Where, on the expiry of the period specified in subsection (1), the planning authority has failed to provide an LRD opinion, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why it failed to provide the LRD opinion in the specified period.]
Annotations:
Amendments:
F310
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
F311[
LRD procedure without prejudice to performance by the planning authority of other functions.
32E. Neither the taking place of an LRD meeting nor the provision of an LRD opinion shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.]
Annotations:
Amendments:
F311
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
F312[
Effect of steps not being completed within the time period.
32F. A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in section 32C(1) or 32D(1), as the case may be, were not completed within the time referred to in the subsection concerned.]
Annotations:
Amendments:
F312
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
F313[
Offence of taking payment, etc. in connection with LRD procedure.
32G. A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an LRD opinion commits an offence.]
Annotations:
Amendments:
F313
Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.
F314[Application for opinion under section 32I.
32H. …]
Annotations:
Amendments:
F314
Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
Modifications (not altering text):
C45
Prospective affecting provision: section inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.
F314[32H. (1) A person who intends to apply for permission under section 34 (referred to in this section and section 32I as a “prospective applicant”) may, before making such an application (referred to in this section and section 32I as the “proposed application”), request a meeting for the purposes of section 32I with the planning authority or authorities in whose functional area or areas the proposed development would be situated.
(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—
(a) the name and address of the prospective applicant,
(b) a site location map sufficient to identify the land on which the proposed development would be situated,
(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,
(d) a draft layout plan of the proposed development,
(e) a description of—
(i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and
(ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,
(f) an undertaking to provide with the proposed application, either—
(i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,
(ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or
(iii) a combination of subparagraphs (i) and (ii),
(g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and
(h) such other information as may be prescribed.
(3) A planning authority that receives a request under subsection (1) or section 32B(1) may, prior to a meeting taking place under section 32I, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting in relation to a proposed development.
(4) Where a planning authority consults with a person under subsection (3), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.
(5) Where a prospective applicant submits a request in accordance with subsection (1) or section 32B(1), the planning authority shall convene a meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.
(6) The following persons shall attend a meeting convened under subsection (5):
(a) the planning authority;
(b) the prospective applicant, one or more persons on his or her behalf, or both.
(7) The planning authority shall ensure that planning authority officials attending the meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.
(8) The planning authority shall keep a record in writing of any meeting convened under subsection (5), including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under subsection (11) or section 32I(7) and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.
(9) A record kept by a planning authority under subsection (8) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.
(10) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (5), including—
(a) matters that are required to be considered at the meeting,
(b) matters that may be considered at the meeting, and
(c) the manner in which the meeting is to be conducted.
(11) Where, on the expiry of the period specified in subsection (5), the meeting has not taken place, the planning authority shall proceed to convene the meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the meeting did not take place in the specified period.]
F315[
Statutory Instruments 2023 S.I. No. 101/2023 –
Planning and Development Regulations
Prospective Large-scaleResidential Development (LRD) applicant’s consultations with planning authority 16A.
(1)
A request to the planning authority by a prospective LRD applicant under section 247(1A) of the Act shall be in the form set out at Form no. 18 of Schedule 3, or a form substantially to the like effect.
(2)
A prospective LRD applicant shall provide to the authority such information as it may reasonably require in relation to a proposed LRD for the purpose of the section 247 consultation.
(3)
Where the planning authority consents, the request to enter into a section 247 consultation regarding an LRD referred to in sub-article (1) may be made in electronic form.
(4)
A request to the planning authority by a prospective LRD applicant under section 32B of the Act for an LRD meeting shall be in the form set out at Form no. 18 of Schedule 3, or a form substantially to the like effect.
(5)
A request referred to in sub-article (4) shall, where appropriate and to the extent possible, be accompanied by the following (including maps and drawings where appropriate), which shall be addressed and taken into account in the LRD meeting and in the LRD opinion:
(a) a brief description of the proposed numbers and types of houses or numbers of student accommodation units and bedspaces, or both, as appropriate, and their design, including proposed gross floor spaces, internal floor areas and principle dimensions, housing density, plot ratio, site coverage, building heights, proposed layout and aspect;
(b) a brief description of proposed public and private open space provision, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant;
(c) a brief description of the proposed provision of ancillary services, where required, including child care facilities;
Footnote*** [i105]: Article 16A was inserted by article 4 of S.I. No. 716/2021 Planning and Development (Large-scale Residential Development) Regulations 2021
81
(d) where relevant, any other proposed use in the development, the zoning of which facilitates such use, including the proposed gross floor space for each such use;
(e) a brief description of any proposals to address or, where relevant, integrate the proposed development with surrounding land uses;
(f) a description of the capacity of existing or planned infrastructure to serve the proposed development, of the impact of the proposed development on existing /planned infrastructure and of any proposals to provide for other services infrastructure (including cabling such as broadband provision) and any phasing proposals;
(g) a brief description of proposals under Part V of the Planning and Development Act 2000, where relevant;
(h) details of protected structures, national monuments or other monuments included in the Record of Monuments and Places, where relevant;
(i) details of traffic and transport assessment where relevant and of traffic, cycle and pedestrian safety;
(j) details relating to residential amenity including the assessment of sunlight, daylight, shadow, overlooking and overbearance, where relevant; for existing properties and proposed residential units;
(k) flood risk, risk of major accident and ecological impacts;
(l) where the prospective applicant is not the owner of the land concerned, the written consent of the owner to make an application under section 34 of the Act in respect of that land;
(m) the appropriate fee.
82
(6)
Where the planning authority consents, the request to enter into an LRD meeting referred to in sub-article (4) may be made in electronic form.
(7)
When issuing an opinion in accordance with section 32D of the Act a planning authority may, in addition to the requirements of section 32D, notify the prospective LRD applicant that specified information in addition to the requirements of article 23, should be submitted with any LRD application for permission for the proposed development, including photographs, plans, maps, drawings, assessments or other material or particulars where the planning authority considers it appropriate.
(8)
The planning authority shall, when issuing a notice under section 32D of the Act, send its record of the section 247(1A) LRD consultation and the section 32C LRD meeting concerned to the prospective LRD applicant.
Additional requirements 20A.
(1)
In this article, a reference to ‘application’ includes a reference to any environmental impact assessment report or Natura impact statement or
Footnote*** [i112]: Article 20 was substituted by article 8 of S.I. No. 685/2006 Planning and Development Regulations 2006
Footnote*** [i113]: Article 20A was inserted by article 6 of S.I. No. 716/2021 Planning and Development (Large-scale Residential Development) Regulations 2021
86
for an LRD application
both of those statements, if such is required, and all other documents, particulars, plans or information that accompany the application.
(2)
Subject to sub-article(3), the applicant for an LRD shall make a copy of an LRD application available for inspection on the Internet at a web address set up for the purpose for the period commencing on the date of making the LRD application and expiring 8 weeks following the sending by the planning authority to the applicant of a copy of its decision on the LRD application.
(3)
Where a decision by a planning authority on an LRD application is appealed to the Board in accordance with section 37 of the Act, the applicant for an LRD shall continue to make a copy of the original LRD planning application available for inspection on the Internet at a web address set up for the purpose for the period commencing on the date of making the original application to the planning authority and expiring 8 weeks following the sending by the Board to the applicant of a copy of its decision on the appeal.
Specified additional information to be submitted 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.
Footnote*** [i133]: Article 22A is substituted by article 8 of S.I. No. 685/2006 Planning and Development Regulations 2006
91
with application.
(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).
Requirements for particulars to accompany an application under article 22. 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,
Footnote*** [i134]: Article 23 was substituted by article 8 of S.I. No. 685/2006 Planning and Development Regulations 2006
92
(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
(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.
93
LRD weekly lists – pre-application stages 27A.
(1)
A planning authority shall, not later than the fifth working day following a particular week, make available, and display for inspection on its website, in accordance with sub-article (2) a list of the requests under section 32B of the Act regarding
Footnote*** [i147]: Article 27A is inserted by article 10 of S.I. No. 716/2021 Planning and Development (Large-scale Residential Development) Regulations 2021
98
Large-scale Residential Developments received by the authority during that week.
(2)
A list referred to in sub-article (1) shall indicate in respect of each LRD meeting request under section 32B of the Act received during the week to which the list relates—
(a) the reference number,
(b) the name of the requestor,
(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 proposed development, and
(e) the date of receipt of the request.
(3)
A planning authority shall, not later than the fifth working day following a particular week, make available, and display for inspection on its website, in accordance with sub-article (4) a list of the opinions issued under section 32D of the Act regarding Large-scale Residential Developments issued by the authority during that week.
(4)
A list referred to in sub-article (3) shall indicate in respect of each opinion under section 32D of the Act regarding Large-scale Residential Developments issued during the week to which the list relates—
(a) the reference number,
(b) the name of the prospective LRD applicant,
(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 proposed development, and
(e) the date of receipt of the application.
Planning and Development (Section 179A) Regulations 2023
S.I. No. 101/2023 – Planning and Development (Section 179A) Regulations 2023
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 10th March, 2023.
WHEREAS I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, am of the opinion that development to which the following regulations apply would not offend against principles of proper planning and sustainable development by reason of the nature and limited effect of development belonging to that class on its surroundings;
NOW I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by subsection (3) of section 179 A and section 262 of the Planning and Development Act 2000 (No. 30 of 2000) (as adapted by the Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408/2020)), hereby make the following regulations:
Citation
1. (1) These Regulations may be cited as the Planning and Development (Section 179A) Regulations 2023.
(2) The collective citation “Planning and Development Regulations 2001 to 2023” includes these Regulations.
Interpretation
2. In these Regulations “Principal Regulations” means the Planning and Development Regulations, 2001 ( S.I. No. 600 of 2001 ).
Reporting to the Minister on the use of Section 179A of the Act
3. The following article shall be inserted after Article 39 in the Principal Regulations:
“Provision of certain information to Minister regarding housing developments under Section 179A
39A (1) Planning authorities shall provide to the Minister information on a quarterly basis on the number of proposed housing developments, the number of commenced housing developments and the number of completed housing developments under section 179A(5)(a) to (f) of the Act, which information shall include the number of houses under each category.
(2) Planning Authorities shall upon request from the Minister, provide information on the number of sites available within their functional area for the provision of houses under Section 179A(5)(a) to (f) of the Act, the location of the sites available and the number of houses that can be accommodated at each site.”
Public notification on the use of Section 179A of the Act
4. The following article shall be inserted after Article 81 in the Principal Regulations:
“
Notice of Development under Section 179A of the Act
81A (1) When proposing a housing development under Section 179A of the Act, a local authority shall following the informing of the elected members in accordance with section 179A(2) of the Act and at least eight weeks prior to the commencement of the housing development, in accordance with this article –
(a) give notice of the housing development in an approved newspaper, and
(b) erect or fix the site notice(s) on the land(s) on which the housing development would be situated.
(2) A site notice referred to in sub-article (1) shall state that the local authority proposes to carry out the housing development and –
(a) indicate the location, townland or postal address of the housing development (as may be appropriate),
(b) indicate the nature and extent of the housing development under Section 179A(5)(a) to (f) of the Act,
(c) where the housing development consists of or comprises the carrying out of works –
(i) which would materially affect the character of a protected structure or a proposed protected structure, or
(ii) to the exterior of a structure which is located within an architectural conservation area, and the housing development would materially affect the character of the area concerned,
indicate this fact,
(d) plans and particulars of the housing development will be 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 local authority and available for inspection on the website of the local authority thereafter,
(e) indicate its determinations under articles 81A(5) and 81A(6),
(f) that a person may question the validity of any decision of the planning authority by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with sections 50 and 50A of the Act.
(3) A site notice erected or fixed in accordance with sub-article (1)(b) shall be –
(a) inscribed or printed in indelible ink and affixed on rigid, durable material and be secured against damage from weather and other causes, and
(b) subject to sub-article (4), securely erected or fixed in a conspicuous position on or near the main entrance to the land(s) 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(s) 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.
(4) Where the land concerned does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land so as to be easily visible and legible by persons outside the land, and shall not be obscured or concealed at any time.
(5) (a) Where a local authority proposes to undertake a housing development under Section 179A of the Act of a class standing specified in Part 2 of Schedule 5 and does not equal or exceed, as the case may be, the relevant quantity, area or other limit standing specified in that Part, it shall carry out in respect of the housing development a screening for environmental impact assessment.
(b) Prior to or when carrying out a screening under paragraph (a) the local authority may at its discretion request information from any person the authority considers necessary.
(c) Before making a determination on the screening for environmental impact assessment of a proposed housing development under section 179A of the Act, the local authority shall –
(i) consider the criteria for determining whether a housing development would or would not be likely to have significant effects on the environment, as set out in Schedule 7,
(ii) take into account a description of the nature and extent of the proposed housing development, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.
(d) A local authority shall include, or refer to, in its screening determination for environmental impact assessment made under this article the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which such determination is based.
(e) (i) Where the local authority screening determination for environmental impact assessment made under this article is that the proposed housing development would not be likely to have significant effects on the environment, the proposed housing development complies with the requirements of section 179A(1) of the Act,
(ii) Where the local authority screening determination for environmental impact assessment made under this article is that the proposed housing development may have significant effects on the environment, the local authority shall determine that an Environmental Impact Assessment is required and that the housing development does not comply with the requirements of section 179A(1) of the Act.
(6) (a) Where a local authority proposes to undertake a housing development under Section 179A of the Act, it shall carry out in respect of the housing development a screening for appropriate assessment, to determine, using the best scientific knowledge, if the housing development, individually or in combination with other plans or projects, would be likely to have a significant effect on a European site or sites in view of the site’s conservation objectives.
(b) If on the basis of a screening under sub-article (6)(a) it can be excluded, on the basis of objective information, that the proposed housing development, individually or in combination with other plans or projects, would be likely to have a significant effect on a European site or sites, the local authority shall determine that an appropriate assessment of the housing development is not required and that the housing development complies with the requirements of section 179A(1) of the Act.
(c) If on the basis of a screening under sub-article (6)(a) it cannot be excluded, on the basis of objective information, that the proposed housing development, individually or in combination with other plans or projects, would be likely to have a significant effect on a European site or sites, the local authority shall determine that an appropriate assessment of the housing development is required and that the housing development does not comply with the requirements of section 179A(1) of the Act.
(7) A site notice shall be erected or fixed on the land(s) or structure concerned not later than the day of publication of notice of the development in a newspaper in accordance with sub-article (1)(a), shall be maintained in position for a period of at least 8 weeks after publication of the said notice and shall be renewed or replaced if it is removed or becomes defaced or illegible within that period.”
Notification to Certain Bodies
5. The following article shall be inserted after Article 82 in the Principal Regulations:
“Notice of development to certain bodies under Section 179A of the Act:
82A (1) A local authority shall send notice of the housing development under Section 179A of the Act to any relevant body or bodies specified in sub-article 82(3).
(2) A notice in accordance with sub-article (1) shall –
(a) indicate the location, townland or postal address of the housing development,
(b) indicate the nature and extent of the housing development,
and be accompanied by a copy of the plans and particulars of the housing development specified in article 83A.”
Information on Developments under Section 179A of the Act to be made available for inspection
6. The following article shall be inserted after Article 83 in the Principal Regulations:
“Availability for inspection of documents, particulars and plans under Section 179A of the Act
83A(1) A local authority shall make available for inspection in accordance with article 81A(2)(d) –
(a) a document describing the nature and extent of the development and the principal features thereof, including –
(i) Indicate the nature and extent of the development under section 179A(5)(a) to (f) of the Act,
(ii) where development would relate to a protected structure or a proposed protected structure, an indication of that fact.
(b) a location map, drawn to a scale of not less than 1:1000 in built up areas and 1:2500 in all other areas (which shall be identified thereon) and marked or coloured so as to identify clearly the land on which it is proposed to carry out the development.
(c) a site layout plan, drawn to a scale of not less than 1:500, showing the boundary of the site on which it is proposed to carry out the proposed development and the buildings or other structures, and roads or other features, in the vicinity of the site.
(d) such other plans and drawings, drawn to a scale of not less than 1:100, as are necessary to describe the proposed housing development.
(e) the determinations of the local authority under articles 81A(5) and 81A(6) and any associated documents.
(2) The local authority shall enter all the documents, plans and particulars into the Register.”
Transitional Arrangements
7. The following article shall be inserted after Article 85 in the Principal Regulations:
“Transitional arrangements under Section 179A of the Act
85A Where, prior to the commencement of section 179A of the Act, a local authority published a notice of a proposed development in accordance with article 81(1) and section 179(2) of the Act, the process as prescribed in section 179 of the Act and any regulations made thereunder shall continue to apply to the proposed development.”
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GIVEN under my Official Seal,
8 March, 2023.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.