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Planning Legislation

ACTS
REGULATIONS
GENERAL POLICY DIRECTIVES
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

ACTS

Local Government (Planning and Development) Act, 1963 (No 28 of 1963)

Provides the framework for the proper planning and development of cities and towns and other areas, including making development plans, control of development, and environmental matters such as special area amenity orders, tree preservation orders, conservation orders, planting of trees and shrubs by local authorities and neighbourhood noise.

Local Government (Planning and Development) Act, 1976 (No 20 of 1976)

Establishes An Bord Pleanála and amends the principal (1963) act.

Local Government (Planning and Development) Act, 1982 (No 21 of 1982)

Limits the duration of planning permissions, increases penalties, and introduces fees for applications, appeals, etc.

Local Government (Planning and Development) Act, 1983 (No 28 of 1983)

Reconstitutes An Bord Pleanála.

Local Government (Planning and Development) Act, 1990 (No 11 of 1990)

Amends and consolidates the law on planning compensation.

Local Government (Planning and Development) Act, 1991 (Sections 44 and 45) (No 11 of 1991)

Changes the basis for making material contravention's of the development plan. Not less than three quarters of all the members of the planning authority must vote for a resolution directing the manager to grant permission, where the development would materially contravene the development plan.

Local Government (Planning and Development) Act, 1992 (No 14 of 1992)

Amends the law on planning appeals and other matters with which An Bord Pleanála is concerned, so that cases can be decided in a much shorter period.

Local Government (Planning and Development) Act, 1993 (No 12 of 1993)

Regulates development by or on behalf of state and local authorities.

Local Government (Planning and Development) Act, 1998 (No 9 of 1998)

Allows the Minister to appoint additional members to An Bord Pleanála.

Local Government (Planning and Development) Act, 1999 (No 17 of 1999)

Amends the Planning Acts, 1963-98 to provide for greater protection of the architectural heritage.

Planning and Development Act, 2000. No 30 of 2000

Consolidates and modernises the legislative code for planning in Ireland and introduces some key reforms.

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REGULATIONS

Local Government (Planning and Development) Regulations, 1994 (SI 86 of 1994)

Replace all existing regulations made under the Local Government (Planning and Development) Acts, 1963 to 1993.

Local Government (Planning and Development) Regulations, 1995 (SI 69 of 1995)

Amend the 1994 Regulations. The changes involve exempted development, the requirements and procedures for planning applications, Part X of the 1994 Regulations and prescribed forms.

Local Government (Planning and Development)(No 2) Regulations, 1995 (SI 75 of 1995)

Amend the 1994 Regulations. Documents from planning appeals and other matters determined by An Bord Pleanála are available for public inspection in cases received on or after 10 April 1995. The documents, including the inspector's report, are available for inspection for five years from the third working day after the day on which the Board makes its decision. Copies of all or part of any such documents, except plans, other drawings or photographs, are also available.

Local Government (Planning and Development) Regulations, 1996 (SI 101 of 1996)

Lower the environmental impact assessment threshold for afforestation from 200 hectares to 70 hectares.

Local Government (Planning and Development) Regulations, 1997 (SI 78 of 1997)

Clarify the position on the addition of mobile telephone antennae to existing radio masts, and promote mast sharing by different operators.

Local Government (Planning and Development) Regulations (No 2), 1997 (SI 121 of 1997)

Compel relevant planning authorities to send copies of planning applications and details of proposed local authority development (including environmental impact statements) to the Dublin Transportation Office (DTO), where these may affect the DTI Strategy. The DTO, the Ministers for the Marine and Education, and the appropriate health board must be sent copies of development plans. They also amend the 1994 Regulations for the transfer of the heritage functions of the Commissioners of Public Works to the Minister for Arts, Heritage, Gaeltacht and the Islands.

Local Government (Planning and Development)(No 3) Regulations, 1997 (SI 261 of 1997)

Make amendments to the 1994 Regulations, following the Waste Management (Licensing) Regulations, 1997, which introduced a licensing system by the Environmental Protection Agency for waste disposal facilities. In addition, the regulations amend the list of prescribed bodies to be consulted on a draft development plan.

Local Government (Planning and Development)(Fees)(Amendment) Regulations, 1998 (SI 119 of 1998)

Prescribe revised fees to be paid to planning authorities, for planning applications, applications to extend the duration of permissions, copies of entries in the register and certain licence fees, and to An Bord Pleanála for planning appeals and related matters.

Local Government (Planning and Development) Regulations, 1998 (SI 124 of 1998)

Remove the exemption for halting sites for traveller's accommodation from the public notice procedure under Part X of the 1994 Regulations, and give a transitional arrangement for works already started, or where a contract has been signed with a contractor.

Local Government (Planning and Development)(Fees)(Amendment)(No 2)

Regulations, 1998 (SI 128 of 1998) Replace the Local Government (Planning and Development)(Fees)(Amendment) Regulations, 1998 (SI 119 of 1998) and provide that the new fees will be paid to the planning authority after 1 May 1998, and to the Board after 15 June 1998.

Local Government (Planning and Development)(No 2) Regulations, 1998 (SI 194 of 1998)

Amend the 1994 Regulations to provide that a change of use of any premises (including those with existing shopping use), to a supermarket with a retail floor space exceeding 3000 m², shall not be exempted development. These regulations complement the Retail Shopping Development Planning Policy Directive.

Local Government (Planning and Development) Regulations, 1999 (SI 92 of 1999)

Amend the 1994-8 Regulations, to provide for Directive 97/11/EC on environmental impact assessment (EIA). Provide for scoping - a request to a planning authority (An Bord Pleanala in an appeal, the Minister for the Environment and Local Government for local authority development) for an opinion on the information to be in an environmental impact statement. Also, procedures are extended for proposed development in environmentally sensitive areas, or with likely significant environmental effects in another member state of the European Community. Certain fish farms licensed under the Fisheries (Amendment) Act, 1997 are now exempted development under the Planning Acts.

Local Government (Planning and Development)(No 2) Regulations, 1999 (SI 431 of 1999)

Amend the Planning Regulations, 1994-99 for the protection of the architectural heritage, following the 1999 Planning Act.

Local Government (Planning and Development) Regulations, 2000 (SI 181 of 2000)

Amends 1994 Planning Regulations. Subject to conditions, the size of domestic extensions which are exempt from the requirement to obtain planning permission, from 23 square metres to 40 square metres, where the house has not been extended previously.

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GENERAL POLICY DIRECTIVES

Local Government (Planning and Development) General Policy Directive, 1982 (SI 264 of 1982)

Specifies policy considerations for planning authorities and An Bord Pleanála on the establishment of certain retail shopping developments.

Local Government (Planning and Development) General Policy Directive, 1988 (SI 317 of 1988)

Specifies policy considerations for planning authorities and An Bord Pleanála on development in built up areas where the air quality standard for suspended particulates (including smoke) is, or is likely to be, exceeded.

Local Government (Planning and Development) General Policy Directive (Shopping), 1998 (SI 193 of 1998)

Replaces the 1982 General Directive on retail shopping development and provides that planning permission should not be granted for a supermarket with a retail floor space exceeding 3000 m². It also sets out the criteria to guide planning decisions in the case of other retail shopping developments.

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ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

European Communities (Environmental Impact Assessment) Regulations, 1989 (SI 349 of 1989)

Incorporate into Irish law, for relevant development other than motorways, Directive 85/337/EEC on assessing the environmental effects of certain public and private projects.

European Communities (Environmental Impact Assessment)(Amendment) Regulations, 1994 (SI 84 of 1994)

Amend the 1989 Regulations with regard to the effects of certain public and private projects on the environment.

European Communities (Environmental Impact Assessment)(Amendment) Regulations, 1996 (SI 101 of 1996)

Lower the EIA threshold for afforestation from 200 hectares to 70 hectares.

European Communities (Environmental Impact Assessment)(Amendment) Regulations, 1998 (SI 351 of 1998)

Amend the 1989 Regulations and certain other legislation with provisions relating to the information to be contained in an EIS and exemptions from the requirement to prepare an EIS.

European Communities (Environmental Impact Assessment)(Amendment) Regulations, 1999 (SI 93 of 1999)

Transpose Directive 97/11/EC on EIA into Irish law. The EIA Regulations, and EIA provisions in the Planning and other acts, are amended. Provide for scoping - a request to a planning authority (An Bord Pleanala in an appeal, the Minister for the Environment and Local Government for local authority development) for an opinion on the information to be in an EIS. Restate and extend provisions, including those for development classes needing an environmental impact statement, and procedures for proposed development in environmentally sensitive areas, or with likely significant environmental effects in another member state of the European Community.

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File Updated On: 08:11:2002
Nádúr - Environmental Impact Analysis:
Irish Planning Law
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