Draft Planning Regulations 2004, Amendments to articles of Planning and Development Regulations, 2001

Articles 13, 15, 28, 55, 82, 121 & 179

These articles have been amended to reflect the changed title/role of the Minister for the Environment, Heritage and Local Government and other Ministers of the Government since July 2002.

Article 14

Amended to provide that the Minister will be a prescribed body for local area plans. This means that a planning authority must send notice of the proposal to make, amend or revoke a local area plan to the Minister.

Article 18

Amended to remove requirement for newspaper notice of planning application to indicate whether the proposed development is in a Strategic Development Zone. Also the newspaper may now give as a ‘banner’ to all planning notices the information regarding access to planning applications and making of submissions to the planning authority (it will not then be necessary to include this information in each notice, saving on costs for applicants).

Article 19

Amended to clarify that a yellow ‘repeat’ site notice need not be used unless an earlier valid application has been made.

Article 22

Amended to prescribe a standard application form for use throughout the country.

Also amended to allow the location of the site notice to be indicated on the location map submitted, removing previous requirement to supply separate plan. Also amended to require that a site characterisation form be submitted in cases where a proposed development will not connect onto a local authority sewage system and to require applicants to submit their Personal Public Service Numbers (PPSN).

Article 23

Amended to remove requirement to supply certain details. Also, to require additional detail where the development would involve work to a protected structure and to allow planning authorities to request other types of additional information, necessary to assess an application, e.g. photographs.

Article 26

Amended to require planning authorities to enter only an indication that an invalid application was made onto the register, as opposed to details of the application.

Article 27

The previous provision that the list of planning applications received in a particular week be published within 3 working days of the end of that week has been amended by the substitution of 5 working days for 3 working days. This allows for the publication of this information on any day of the week rather than on Monday, Tuesday or Wednesday only as previously applied.

Article 28

Amended to require the planning authorities to send copies of location maps, in addition to the planning applications, to the prescribed bodies.

Article 29

Amended to allow planning authorities to accept third party submissions, etc, on the day after the expiration of the prescribed period, where the last day of that prescribed period is a public holiday/day on which the offices of the planning authority are closed. An Bord Pleanála has the same power.

Article 33(2)

This article, which prevented planning authorities from seeking further information on matters covered by the invalidity requirements is being deleted. It can often happen that the application is valid on paper, but further information is required following a site inspection.

Article 35

Amended to make some changes to procedures in cases where additional information received by a planning authority contains significant additional data, by requiring the applicant to erect a site notice of Further Information/Revised Plans. Also, to require the applicant to submit a copy of the newspaper notice required in such cases to the planning authority, which will start the period for consideration of further information.

Article 36

Amended to clarify that persons can make submissions to planning authorities on foot of notice that the planning authority is considering deciding to grant permission in a case where the development would materially contravene the development plan. Also, to provide for the acknowledgement of such submissions/observations (for the making of appeals).

Article 89

Amended to increase from 4 weeks to 6 weeks the period for inspection of plans and particulars in relation to certain development by or on behalf of state authorities. Also increases scale of location maps, in the case of such developments, from 1:1250 to 1:2500, in line with other provisions in the legislation.

Article 95

Amended to require applicant to provide a site location map when requesting a written opinion on what is to be included in an EIS.

Article 112

Amended to delete requirement for An Bord Pleanála to publish notice of appeals accompanied by EIA.

Article 187

This article has been amended to permit the planning authority to seek additional copies of an application for outdoor event licence.

Schedule 3

Provides for new forms/amendments to existing forms. A new standard planning application form (Form No. 4) has been inserted (see under Article 22 above). A new form (Form No.3), Site Notice of Further Information/Revised Plans, has also been inserted (see under Article 35 above). Minor amendments are made to 2 existing forms, in particular that the site notice must specify the period for the making of submissions i.e. 5 weeks.