Planning and Development (Amendment)(No.2) Regulations 2011 (S.I. 454 of 2011)
Source: Iris Oifigiúl 2011-09-13

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paragraphs: (1) These Regulations may be cited as the Planning and Development (Amendment) (No. 2) Regulations 2011.
(2) These Regulations and the Planning and Development Regulations 2001 to 2011 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2011.
(3) These Regulations shall come into effect on the date of signature.
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paragraphs: In these Regulations, unless otherwise stated,
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paragraphs: Article 5 of the Regulations is amended by the insertion of the following definition:
“ “Wetlands” means natural or artificial areas where biogeochemical functions depend notably on constant or periodic shallow inundation, or saturation, by standing or flowing fresh, brackish or saline water.”.
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paragraphs: Article 8 of the Regulations is substituted by the following:
“8. Works specified in a drainage scheme confirmed by the Minister for Finance under Part II of the Arterial Drainage Act 1945 (No. 3 of 1945) or the Arterial Drainage (Amendment) Act 1995 (No. 14 of 1995), carried out by, on behalf of, or in partnership with, the Commissioners, with such additions, omissions, variations and deviations or other works incidental thereto, as may be found necessary by the Commissioners or their agent or partner in the course of the works, shall be exempted development.
8A.Initial afforestation shall be exempted development.
8B.Works consisting of field drainage for agriculture, other than drainage of wetlands, shall be exempted development.
8C.Land reclamation works consisting of re-contouring of land, including infilling of soil (but not waste material) within a farm holding, shall be exempted development.
8D.Works consisting of the removal for the purposes of agriculture of field boundaries consisting of stone walls or wire or post fences shall be exempted development.”
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paragraphs: Article 9 of the Regulations is amended by the substitution of the following sub-paragraphs for sub-paragraph (1)(a)(vii):
“(vii) consist of or comprise the excavation, alteration or demolition (other than peat extraction) of places, caves, sites, features or other objects of archaeological, geological, historical, scientific or ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan for the area in which the development is proposed or, pending the variation of a development plan or local area plan, or the making of a new development plan or local area plan, in the draft variation of the development plan or the local area plan or the draft development plan or draft local area plan,
(viiA) consist of or comprise the excavation, alteration or demolition of any archaeological monument included in the Record of Monuments and Places, pursuant to section 12 (1) of the National Monuments (Amendment) Act 1994 , save that this provision shall not apply to any excavation or any works, pursuant to and in accordance with a consent granted under section 14 or a licence granted under section 26 of the National Monuments Act 1930 (No. 2 of 1930) as amended,
(viiB) comprise development in relation to which a planning authority or An Bord PleanÃ¡la is the competent authority in relation to appropriate assessment and the development would require an appropriate assessment because it would be likely to have a significant effect on the integrity of a European site,
(viiC) consist of or comprise development which would be likely to have an adverse impact on an area designated as a natural heritage area by order made under section 18 of the Wildlife (Amendment) Act 2000 .”