Planning - Department of the Environment, Community & Local Government

A | A | A

You are here:
Home > Legislation > Development and Housing > Planning

Gaeilge ››› English ›››

Home
Legislation

Environment
Community
Local Government
Development and Housing
- Building Standards
- Planning
- Housing
General

The notes following legislation listed below are for guidance purposes to the main content of the legislation only and do not purport to be a legal interpretation. Most documents are available on the Oireachtas (external link) website or the Irish Statute Book website. You are advised to look at the disclaimer document on the Irish Statute Book website (external link) before downloading material from their site.

Acts/Bills: Statutory Instruments: Regulatory Impact Analysis:

Acts / Bills

Environment (Miscellaneous Provisions) Act 2011
The Environment (Miscellaneous Provisions) Act 2011 amends to the Planning and Development Acts 2000-2010. The Act and related commencement orders are available at the link above.

Planning & Development Acts (2000- 2010) - Unofficial Consolidation (doc, 7,590 kb)
Disclaimer: This document has been compiled for the internal use of the Planning section of the Department of the Environment, Heritage and Local Government, as a reference guide only. It is not a legal document and has no legal status. Whilst every effort has been made to ensure the accuracy of the contents, this document is subject to change following final proofing. Any errors or omissions may be notified to planningpolicyandlegislation@environ.ie.

Harbours (Amendment) Act 2009

An Act to amend and extend the Harbour's Acts 1996 to 2006, to repeal the Harbour's Act 1976, to transfer certain functions of the Minister for Transport relating to harbours to An Bord Pleanala and for that and other purposes to amend the Planning and Development Act 2000, to make certain provision relating to the Irish Maritime Development office and to provide for connected matters

Planning and Development (Amendment) Act 2010 (pdf, 413 kb)
The core principal objectives of this Act are to amend the Planning Acts of 2000 – 2009 with specific regard given to supporting economic renewal and sustainable development. The Act envisages a closer alignment of the National Spatial Strategy with Regional Planning Guidelines, Development Plans and Local Area Plans, while also clarifying the key obligations required of Planning Authorities under the Birds and Habitats Directives. The Act also aims to improve the throughput and performance of An Bord Pleanála and strengthen the enforcement controls of Planning Authorities."

The provisions of the Planning and Development (Amendment) Act 2010 will be commenced and will come into operation by means of orders to be made by the Minister from time to time.

A number of sections of the 2010 Act came into operation on 19 August 2010 on foot of Statutory Instrument (S.I) No. 405 of 2010 Planning and Development (Amendment) Act 2010 (Commencement) Order 2010. Statutory Instrument (S.I) No. 406 of 2010 Planning and Development Regulations 2010 also came into force on 19 August 2010 .

Sections 32 and 33 of the 2010 Act came into operation on 28 September 2010 on foot of (S.I.) No. 451 of 2010 Planning and Development (Amendment) Act 2010 (Commencement) (No. 2) Order 2010.

(S.I.) No. 477 of 2010 Planning and Development (Amendment) Act 2010 (Commencement) (No. 3) Order 2010 brought a further tranche of provisions into operation with effect from 5 October 2010 and sections 17, 18 and 19 will come into operation with effect from 30 November 2010.

Sections 23(a) and (c), 41(a) and (b) and 49 of the 2010 Act came into operation on 23 March 2011 on foot of (S.I.) No. 132 of 2011 Planning and Development (Amendment) Act 2010 (Commencement) Order 2011.

Secondary legislation is being prepared in advance of the commencement of the remaining sections.

Planning and Development (Amendment) Bill 2009 - Explanatory and Financial Memorandum (pdf, 317 kb)

Planning and Development (Amendment) Bill 2009 (pdf, 404 kb)

Water Services Act 2007

An act to provide, in the interests of the common good, for the provision of Water Services; to give effect to certain Acts adopted by institutions of the European communities in respect of those services and, in addition to make provision for miscellaneous amendments to the Local Government (Water Pollution) Acts 1997 and 1990 and the Fisheries (Consolidation) Act 1959 and the Environmental Protection Agency Act 1992 and certain other enactments relating generally to the provision of water services and to provide for related matters. 14th May 2007

Planning and Development Strategic Infrastructure Act 2006 (No 27 of 2006) (pdf, 624 kb)
This Act provides for the making to An Bord Pleanála of applications for planning permission in respect of certain proposed developments of strategic importance to the State, and for certain other amendments to the Planning and Development Acts 2000-2004.

Housing Miscellaneous Provisions) Act 2004 (No 43 of 2004) (pdf, 315 kb)
This Act, initer alia, amends section 99 of the Planning and Development Act, 2000 in relation to affordable housing. This policy issue is dealt with by the Affordable Housing Section of the Department.

Planning and Development (Amendment) Act 2002 (No 32 of 2002) (pdf, 66 kb)
The primary purpose of this Act is to amend Part V of the Planning and Development Act, 2000 (Housing Supply). The Act also makes miscellaneous amendments to the 2000 Act and certain amendments to the Housing (Miscellaneous Provisions) Acts, 1992 and 2002 and to the Housing Finance Agency Act, 1981. These policy issues are dealt with by the Affordable Housing Section of the Department.

Planning and Development Act 2000 (No 30 of 2000) (pdf, 738 kb)
This Act arose out of a comprehensive review of planning legislation that was initiated in August 1997. The review was undertaken on foot of the commitments in the Government Programme An Action Programme for the Millennium. The principle of the review was to ensure that the planning system of the twenty first century would be strategic in approach and imbued with an ethos of sustainable development. This Act consolidates all previous Planning Acts and much of the Environmental Impact Assessment Regulations, and also contains many significant changes and new initiatives, such as the Part V housing supply provisions.

Acts Prior to Planning and Development Act, 2000

Local Government (Planning and Development) Act, 1999 (No. 17 of 1999)
Amends and extends the Local Government (Planning and Development) Acts, 1963 to 1998, to make better provisions for the protection of the architectural Heritage in the interests of the common good and to provide for related matters.

Local Government (Planning and Development) Act, 1998 (No. 9 of 1998)
Amends and extends the Local Government (Planning and Development) Acts, 1963 to 1993, to provide for certain matters relating to An Bord Pleanála.

Local Government (Planning and Development) Act, 1993 (No. 12 of 1993)
Amends and extends the Local Government (Planning and Development) Acts, 1963 to 1992 concerning development by State Boards.

Local Government (Planning and Development) Act, 1992 (No. 14 of 1992)
Amends and extends the Local Government (Planning and Development) Acts, 1963 to 1991, in relation to appeals and other matters with which An Bord Pleanála is concerned and in reation to legal proceedings concerned with matters arising under or connected with the said acts and to provide for related matters.

Local Government Act, 1991 (Sections 44 and 45) (No. 11 of 1991)
Sections 44 and 45 amend previous legislation in relation to the voting numbers required for the exercise of certain planning functions by local authority members.

Local Government (Planning and Development) Act, 1990 (No. 11 of 1990)
Amends and extends the Local Government (Planning and Development) Acts, 1963 to 1983, and, for the purposes of those Acts, to amend certain provisions of the Waterworks Clauses Act 1847, the Public health (Ireland) Act 1878, and related enactments.

Local Government (Planning and Development) Act, 1982 (No. 21 of 1982)
Amendment to the Local Government (Planning and Development) Acts 1963 to 1976 in relation to planning permission.

Local Government (Planning and Development) Act, 1976 (No. 20 of 1976)
An Act to make better provision, in the interests of the common good, in relation to the proper planning and development of cities, towns and other areas, whether urban or rural, to establish and define the functions of a body to be known as An Bord Pleanála, and to amend and extend the Local Government (Planning and Development) Act 1963.

Local Government (Planning and Development) Act, 1963 (No. 28 of 1963)
This legislation, for the first time, imposed restrictions on the ability of property owners to develop their own land. It makes provision, in the interests of the common good, for the proper planning and development of cities, towns and other areas, whether urban or rural (including the preservation and improvement of the amenities thereof), with respect to land acquisition, to repeal the town and regional Planning Acts, 1934 and 1939, and certain other enactments.

Statutory Instruments

2009

SI 561 of 2009 - Derelict Sites (Urban Areas) Regulations 2009 (pdf, 126 kb)

SI 404 of 2009 - The European Communities (Foreshore) Regulations 2009 (pdf, 111 kb)

SI 100 of 2009 - Planning and Development (Regional Planning Guidelines) Regulations 2009 (pdf, 1,098 kb)
Set out a number of procedural requirements in relation to the preparation of regional planning guidelines by regional authorities, including the taking into account of the National Spatial Strategy. They come into effect from 25 March 2009.

2008

SI 256 of 2008 Planning and Development (Amendment) Regulations 2008 (pdf, 100 kb)

SI 235 of 2008 Planning and Development Regulations 2008 (pdf, 135 kb)
In building upon the planning exemptions for certain micro-renewable energy technologies in the domestic sector that were announced in February 2007, the Department have now published the Planning and Development Regulations 2008 (S.I. No. 235 of 2008) which give effect to new exempted development provisions in respect of renewable technologies for industrial buildings, business premises and agricultural holdings. The Regulations provide exemptions for wind turbines, met masts, combined heat and power (CHP) plants, solar panels and biomass boiler units, subject to certain conditions, across each of the sectors. The Regulations came into effect from 2 July 2008.

2007

SI 870 of 2007 - Derelict Sites (Urban Areas) Regulations 2007 (doc, 132 kb)

SI 865 of 2007 European Communities (Dublin Dockland Development Authority Act 1997) (Amendment) Regulations (pdf, 98 kb)

SI 590 Planning and Development Act 2000 (Certification of Fairground Equipment) Amendment Regulations 2007 (doc, 29 kb)

SI 297 of 2007 - Dublin Docklands Development Authority Act 1997 (Section 25 Planning Scheme) Order 2007 (pdf, 29 kb)

SI 135 of 2007 -Planning and Development (No. 2) Regulations 2007 (pdf, 92 kb)
Planning and Development (No. 2) Regulations 2007 (SI 135 of 2007), which also came into force on the 31st March provided for a transitional period up to the 1st June to ensure that there would be no excessive invalidations due to the changeover to the new arrangements. This ‘grace period’ only relates to the validation of applications, all the other provisions of the regulations came into effect on 31st March. Among the other amendments made by SI 135 of 2007 are provisions aimed at improved data protection for users of the planning system.

SI No 83 of 2007 -Planning and Development Regulations 2007 (pdf, 85 kb)
These Regulations set out planning exemptions for micro-renewable energy technologies for domestic houses and came into effect from 28 February, 2007.

2006

SI No 685 of 2006 -Planning and Development Regulations 2006 (pdf, 866 kb)
These Regulations have two functions: (1) to update and amend the Planning and Development Regulations 2001 to make changes and updates to the development management system, and (2) to underpin the new strategic consent procedure established under the Planning and Development (Strategic Infrastructure) Act 2006. The Regulations are effective from 2 separate dates, viz, 31 January, 2007 for the strategic infrastructure provisions and 31 March, 2007 for the development management system provisions.

SI 684 of 2006-Planning and Development Strategic Infrastructure Act 2006 Commencement (pdf, 22 kb)
Brings sections of the 2006 Act relating to the establishment of a strategic infrastructure division within An Bord Pleanála and the provision for a strategic consent process for certain types of strategic infrastructure into force from 31 January, 2007.

SI 659 of 2006 -European Communities Environmental Impact Assessment Amendment Regulations (pdf, 54 kb)
Provides for revised procedures to enhance public participation in the environmental impact assessment of projects having transboundary environmental impacts.

Planning and Development Strategic Infrastructure Act 2006 Commencement SI 553 of 2006 (pdf, 72 kb)
Brings sections of the 2006 Act relating to the appointment of the membership of An Bord Pleanála into force from 5 November, 2006.

SI No 525 of 2006 -Planning and Development Strategic Infrastructure Act 2006 Commencement (pdf, 22 kb)
Brings sections of the 2006 Act relating to the citation, commencement and interpretation of the Act into force from 17 October, 2006. The remaining sections are all amendments to the Planning and Development Act, 2000.

2005

SI 364 of 2005 -Planning and Development Regulations 2005 (pdf, 80 kb)
These regulations amend the Planning and Development Regulations 2001 to provide that a shop changing its use to an off-licence would require planning permission, amends the provisions in relation to peat extraction to facilitate consideration of the need for the environmental impact assessment of projects which are likely to have significant effects on the environment and also amends Parts I and II of Schedule 5 of the 2001 Regulations.

2004

SI 436 of 2004 -Planning and Development (Strategic Environmental Assessment) Regulations 2004 (pdf, 438 kb)
Transposes into Irish law the Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC) on the assessment of the effects of certain plans and programmes on the environment, insofar as the Directive relates to land-use planning. The regulations came into force on 21 July, 2004.

SI 435 of 2004 -European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (pdf, 219 kb)
Transposes into Irish law the Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC) on the assessment of the effects of certain plans and programmes, except land-use planning, on the environment. The regulations came into force on 14 July, 2004.

SI 152 of 2004 Planning and Development Act 2000 (Commencement Order) 2004 (pdf, 87 kb)
Brings section 261 of the 2000 Act relating to the control of quarries into force from 28 April, 2004.

2003

SI 450 of 2003 -Planning and Development Act 2000(Commencement Order) 2003 (pdf, 19 kb)
Brings section 239 of the 2000 Act relating to the control of quarries into force from 24 September, 2003.

SI 449 of 2003 -Planning and Development Act 2000 (Certification of Fairground Equipmwnt) Regulations 2003 (pdf, 97 kb)
Deals with matters of procedure, administration and control in relation to applications for, and grant of, certificates of safety for funfair equipment. The Regulations came into effect from 1 October, 2003.

SI 175 of 2003 -Planning and Development (Regional Planning Guidelines) Regulations 2003 (pdf, 41 kb)
Set out a number of procedural requirements in relation to the preparation of regional planning guidelines by regional authorities, including the taking into account of the National Spatial Strategy. They come into effect from 1 May 2003.

SI 90 of 2003 -Planning and Development Regulations 2003- (pdf, 38 kb)
Make changes to the minimum floor areas for accommodation required for eligible people under section 100 (1) (a) of Planning and Development Act 2000.

2002

SI 149 of 2002 -Planning and Development (No2) Regulations 2002 (pdf, 23 kb)
Prescribe a fee for licenses for fingerpost direction signs for tourist accommodation.

SI 70 of 2002-Planning and Development Regulations 2002 (pdf, 26 kb)
Modify details required on OS maps when plans are being submitted for planning permission.

2001

SI No 600 of 2001 -Planning and Development Regulations 2001 (pdf, 1,332 kb)
The Planning and Development Regulations, 2001 implement the Planning and Development Act, 2000 in its entirety. They consolidate all previous Regulations made under the 2000 Act and replace the Local Government (Planning and Development) Regulations 1994-2000. The Regulations came into operation on 21 January, 2002 and 11 March, 2002 (as outlined in page 230 of the regulations)

SI 599 of 2001 -Planning and Development Act 2000 (Commencement) (No 3) Order 2001 (pdf, 12 kb)
Brings almost all remaining provisions of the 2000 Act into force from 21 January, 2002 and 11 march, 2002.

SI 539 of 2001 - Local Government (Planning and Development) (Amendment) Regulations, 2001
The purpose of these Regulations is, firstly, to remove initial afforestation from the planning control system, to coincide with the introduction of a separate statutory consent system by the Minister for the Marine and Natural Resources under the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2001 (S.I. No. 538 of 2001), and, secondly, to reduce the planning threshold for peat extraction from 50 hectares to 10 hectares.

SI 525 of 2001 - Local Government (Planning and Development) (Fees) Regulations, 2001
The primary purpose of the Regulations is to provide for conversion to convenient euro (€) amounts of existing planning fees payable to planning authorities and An Bord Pleanála. The new fees took effect from 1 January 2002.

SI 336 of 2001 - Planning and Development (Appointment of Chairperson and Ordinary Members of An Bord Pleanála)Regulations, 2001
These Regulations relate to the appointment of the Chairperson and ordinary members of An Board Pleanála, under Chapter I of Part VI of the Planning and Development Act, 2000.

SI 154 of 2001 - Planning and Development (Licensing of Outdoor Events) Regulations, 2001
The purpose of these Regulations is to set out the type of events for which a licence under Part XVI of the Planning and Development Act, 2000 shall be required, and to provide for matters of procedure and administration in relation to applications for, and the grant of, licences for events and in relation to events to be held by the local authority.

SI 153 of 2001 - Planning and Development Act 2000 (Commencement) Order 2001
This Order brings all sections of Part XVI (Events and Funfairs) of the Planning and Development Act, 2000 into force, except for section 239 which relates to funfairs. It also commences certain related sections in the Act, including those relating to the prosecution of offences specified in Part XVI.

SI 335 of 2001 -Planning and Development Act 2000 (Commencement Order) 2001 (pdf, 20 kb)
Brings Chapter I of Part VI of the 2000 Act relating to the composition and membership of An Bord Pleanála into force from 20 July, 2001. Reason for Referral Form (under the Planning and Development Regulations 2001) for planning authorities, to be completed and submitted when referring a planning application to this Department in its role as a prescribed heritage body under the Planning and Development legisaltion.

2000

SI 449 of 2000 -Planning and Development Act 2000 (Commencement) (No 2 ) Order (pdf, 20 kb)
Brings Part XIV on the acquisition of land, Part XX on amendments of the Roads Act, and certain related sections, of the 2000 Act into force from 1 January, 2001.

Local Government (Planning and Development) Regulations, 2000 (S.I. No. 181 of 2000)
Amends the exemptions from planning permission for development on extensions to rear of houses.

Planning and Development Act, 2000 (Commencement) Order, 2000 (S.I. No. 349 of 2000)
This Order brings into force Part V on Housing Supply and Part IX on Strategic Development Zones, certain sections in Part II on Plans and Guidelines and related and transitional sections of the Planning and Development Act, 2000 on 1 November, 2000.

Local Government (Planning and Development) Regulations, 2000 (S.I. No. 350 of 2000)
The bodies which must be notified of the preparation of a draft development plan. Copies of the draft development plan and of a draft variation of a development plan, and the development plan or variation as made, must also be sent to those bodies.

Planning and Development Act, 2000 (Commencement) (No. 2) Order, 2000 (S.I. No. 449 of 2000)
This Order brings Part XIV on the Acquisition of Land, etc. and Part XX on Amendments of the Roads Act, 1993 into force on 1 January, 2001. The Order also commences certain transitional provisions relating to the compulsory acquisition of land, including section 267 which provides that matters relating to the compulsory acquisition of land which were, on 1 January, 2001, before the Minister for the Environment and Local Government for determination will be transferred to An Bord Pleanála for determination.

Local Government (Planning and Development) (No. 2) Regulations, 2000 (S.I. No. 457 of 2000)
The purpose of these Regulations is to prescribe certain documents that must be submitted with an application for the consent of the Board to the compulsory

Local Government (Planning and Development) (No. 2) Regulations, 2000 (S.I. No. 458 of 2000)
The purpose of these Regulations is to transfer the functions of certifying environmental impact assessment of local authority own development from the Minister for the Environment and Local Government to An Board Pleanála on 1 January 2001.

1999

Local Government (Planning and Development) Regulations, 1999 (S.I. No. 92 of 1999)
These Regulations amend the Planning Regulations, 1994 to 1998, principally to reflect the provisions of Directive 97/11/EC of 3 March, 1997 (O.J. No. 73/5, 14 March, 1997) relating to environmental impact assessment. The Regulations came into operation on 1 May, 1999.

Local Government (Planning and Development) (No.2) Regulations, 1999. (S.I. No. 431 of 1999)
The Regulations prescribe a number of matters under the 1999 Act, principally the form of Record of Protected Structures and the bodies to be consulted on any proposal to amend a Record of Protected Structures.

1998

Local Government (Planning and Development) (Fees) (Amendment) Regulations 1998 (S.I. No. 119 of 1998)
These Regulations revise, with effect from 1 May 1998, the fees payable to planning authorities in respect of planning applications, applications for the extension of the duration of planning permissions, requests for copies of entries in the planning register, the licence fees payable to planning authorities in respect of specified appliances and structures and the fees payable to An Bord Pleanála in respect of appeals, references and related matters.

Local Government (Planning and Development) Regulations, 1998 (S.I. No. 124 of 1998)
These Regulations end the exemption for halting sites from the provisions of Part X of the Local Government (Planning and Development) Regulations 1994 (S.I. No. 86 of 1994) subject to transitional arrangements.

Local Government (Planning and Development) (fees) (Amendment) (No. 2) Regulations, 1998 (S.I. No. 128 of 1998)
These Regulations revise the fees payable to planning authorities in respect of planning applications, applications for the extension of the duration of planning permissions, requests for copies of entries in the planning register and the licence fees payable to planning authorities in respect of specified appliances and structures with effect from 1 May, 1998.

Local Government (Planning and Development) (No. 2) Regulations, 1998 (S.I. No. 194 of 1998)
These Regulations amend the Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86 of 1994) to provide that a change of use of any premises to a supermarket the retail floor space which exceeds 3,000 square metres shall not be exempted development.

1997

Local Government (Planning and Development) Regulations, 1997 (S.I. No. 78 of 1997)
The new Regulations provide that, subject to certain limitations, the addition of antennae for mobile telephony to an existing radio mast is exempted development. The replacement of masts is also exempted development provided, inter alia, that the replacement does not exceed the height of the original mast and complies with the other prescribed requirements.

Local Government (Planning and Development) Regulations, (No.2) 1997 (S.I. No. 121 of 1997)
The amendments provide that relevant planning authorities must send to the Dublin Transportation Office copies of development plans and also of planning applications and details of proposed local authority development (including environmental impact statements) where these may impact on the DTI Strategy.

Local Government (Planning and Development) (No.3) Regulations, 1997 (S.I. No. 261 of 1997)
The amendments are largely consequential on recent regulations, made under the Waste Management Act, 1996, which introduced a licensing system for waste disposal activities. Such activities, including local authority operations, will now require a waste licence from the Environmental Protection Agency.

1996

Local Government (Planning and Development) Regulations, 1996 (S.I. No. 100 of 1996)
These Regulations amend the European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989) by reducing the threshold at which afforestation requires an environmental impact assessment from 200 hectares to 70 hectares.

Local Government (Planning and Development) Regulations, 1996 (S.I. No. 101 of 1996)

1995

Local Government (Planning and Development) Regulations, 1995 (S.I. No. 69 of 1995)
The changes made relate to exempted development, the requirements and procedures in respect of planning applications, Part X of the 1994 Regulations and prescribed forms.

Local Government (Planning and Development) Regulations, 1995 (S.I. No. 75 of 1995)
These Regulations amend the Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86 of 1994) to provide for the making available for public inspection of documents relating to planning appeals and other matters determined by An Bord Pleanála.

1994

Local Government (Planning and Development) Regulations, 1994 (S.I. No. 86 of 1994)
These Regulations replace all existing Regulations under the Local Government (Planning and Development) Acts, 1963 to 1993. The Regulations revoked by these Regulations are listed in the First Schedule.

Regulatory Impact Analysis

RIA - Planning and Development (Amendment) Bill 2009 (pdf, 215 kb)

Print this page

2012

2011

2010

2008