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Functions of the Board: Substitute Consent

This page outlines An Bord Pleanála cases arising from the Planning and Development (Amendment) Act 2010

Cases arising from the Planning and Development (Amendment) Act 2010

An Bord Pleanála was given additional functions and responsibilities under various provisions contained in the Planning and Development (Amendment) Act 2010. Some of the relevant provisions of the Act were subsequently amended by the Environmental (Miscellaneous Provisions) Act 2011, the European Union (EIA and Habitats) Regulations 2011, the European Union (EIA and Habitats) (No. 2) Regulations 2011, the European Union (Substitute Consent) Regulations 2011, the European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (numbers 1 and 2).

Section 57 of the Planning and Development (Amendment) Act 2010 inserted 2 additional parts into the Planning and Development Act 2000 (as amended) i.e. Parts XA and XAB. The Board’s functions were expanded in both parts. Section 75 of the Planning and Development (Amendment) Act 2011 inserted a new section 261A into the Planning and Development Act 2000 (as amended). This section deals with the control of quarries and it contains additional functions for An Bord Pleanála.

Part XA (inserted by section 57 of the Planning and Development (Amendment) Act 2010)deals with the issue of substitute consent. The concept of substitute consent derives from a European Court of Justice finding to the effect that permission for the retention of development affected by the EU Directive on Environmental Impact Assessment may be granted only in exceptional circumstances.

Section 177B

A planning authority may direct a person who has carried out development to apply to An Bord Pleanála for substitute consent in circumstances where it becomes aware of a court decision setting aside an existing planning permission in a case involving Environmental Impact Assessment, a determination as to whether or not EIA is required or a requirement for Appropriate Assessment under the EU Habitats Directive.

Section 177C

A person who has carried out development or an owner or occupier of land where development has been carried out in any case type referred to in the previous paragraph may apply to the Board for leave to apply for substitute consent where the person considers that the permission may be flawed or the permission has been set aside by a court.

Section 177C

A person who has carried out development or the owner or occupier of the land, in any of the case types referred to in the note on section 177B, may apply to An Bord Pleanála for leave to apply for substitute consent where the person considers that exceptional circumstances arise which would justify such an application.


Applications for substitute consent are made directly to An Bord Pleanála under section 177E of the Planning and Development Acts.