Updates

Planning and Development (Amendment) (No.3) Regulations 2021

  • Legal

Jurisdiction: Republic of Ireland

Commencement: 12th November 2021

Amends:

  • Planning and Development Regulations 2001

Mini Summary

The Planning and Development Regulations 2001 were created under the Planning and Development Act 2000. The regulations deal with practical matters such as requirements for site notices, fees for applications and time limits. The regulations also cover Environmental Impact Assessments (EIA) contents and exemptions.

Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.

Duties

Any person making a planning application should be aware of the Regulations as a failure to comply will result in a planning application being rejected. Planning permission involves applying to the relevant planning authority and ensuring that any development that is carried out complies with the terms granted in the planning permission. Any planning application should also comply with the technical requirements regarding site notices and advertisement.
 

Amendment

The Planning and Development Regulations 2001 are revised to facilitate the changes listed below.

  • A person applying for an Environmental Impact Assessment (EIA) certificate, should declare in their application whether they have been granted:
    • an EIA certificate for the land on which the development is intended to be carried out, or the land in its immediate vicinity, within the past 5 years, which is valid at the time of making the application; and
    • permission to carry out a development of 9 or fewer houses within the past 5 years on the land in relation to which an EIA certificate is being sought, or the land in its immediate vicinity.
    • Part V (Housing Supply) of the Planning and Development Act 2000 requirement, which states that local authorities can obtain a certain percentage of land zoned for housing development at existing use value rather than at development value, applies regardless of whether the development is on zoned or unzoned land.
  • The Integrated Pollution Prevention and Control (IPPC) licence is replaced with the Industrial Emissions (IED) licence and the Integrated Pollution Control (IPC) licence.

Link to full government text

 

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