Planning and Development (Amendment) (No. 2) Regulations 2013.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Planning and Development (Amendment) (No. 2) Regulations 2013.
(2) These Regulations and the Planning and Development Regulations 2001 to 2013 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2013.
(3) These Regulations shall come into operation on 1 January 2014.
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paragraphs: In these Regulations, unless otherwise stated,
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paragraphs: Article 13 of the Regulations is amended by the substitution of the following paragraphs for paragraph (y):
"(y) the regional authority or regional assembly within whose region the functional area of the planning authority is situated, and any regional authority whose region is contiguous to the region of the first-mentioned authority,
(z) Irish Water.”.
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paragraphs: Article 14 of the Regulations is amended by the substitution of the following paragraphs for paragraphs (c) and (d):
"(c) any local authority, including town councils, in the area to which the local area plan, proposed local area plan or proposed amended plan, as appropriate, relates, and any relevant city and county development board,
(d) any planning authority whose area is contiguous to the area to which the local area plan, proposed local area plan or proposed amended plan, as appropriate, relates, and
(e) Irish Water.”.
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paragraphs: Article 15 of the Regulations is amended by the substitution of the following paragraphs for paragraph (z):
"(z) any local authority, including town councils, in the region for which the guidelines are prepared,
(aa) Irish Water.”.
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paragraphs: (1) Article 28 of the Regulations is amended in sub-article (1) by the substitution of the following paragraphs for paragraph (x):
"(x) where the application relates to—
(i) the extraction of minerals, other than minerals within the meaning of the Minerals Development Acts 1940-1999, whether by surface or underground means,
(ii) the development of, or extensions to, quarries, including sand or gravel pits, for the extraction of earth materials, or
(iii) a development which, for other purposes, requires the excavation of earth materials greater than a total volume of 50,000m3 or the excavation of earth materials on a site area greater than 1 hectare,
— to the Minister for Communications, Marine and Natural Resources,
(y) where it appears to the authority that the development might impact on the provision of public water services — to Irish Water.”.
(2) The amendment effected by sub-article (1) of this article shall not apply to planning applications in relation to which a planning authority has sent notice, before 1 January 2014, pursuant to article 28(1) of the Regulations.
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paragraphs: (1) Article 82 of the Regulations is amended by the substitution of the following sub-article for sub-article (3):
“(3) A notice in accordance with sub-article (1) shall be sent—
(a) where it appears to the authority that the land or structure is situated in an area of special amenity, whether or not an order in respect of that area has been confirmed under section 203 (or deemed to be so confirmed under section 268(1)(c)) of the Act, or that the development or retention of the structure might obstruct any view or prospect of special amenity value or special interest — to An Chomhairle EalaÃ­on, FÃ¡ilte Ireland, and An Taisce — the National Trust for Ireland,
(b) where it appears to the authority that the development might obstruct or detract from the value of any tourist amenity or tourist amenity works— to FÃ¡ilte Ireland,
(c) where it appears to the authority that the development—
(i) would involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an architectural conservation area,
(ii) might detract from the appearance of a structure referred to in sub-paragraph (i),
(iii) might affect or be unduly close to—
(I) a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest,
(II) a monument or place recorded under section 12 of the National Monuments (Amendment) Act, 1994 (No. 17 of 1994),
(III) a historic monument or archaeological area entered in the Register of Historic Monuments under Section 5 of the National Monuments (Amendment) Act, 1987 (No. 17 of 1987),
(IV) a national monument in the ownership or guardianship of the Minister under the National Monuments Acts, 1930 to 1994, or
(iv) might obstruct any scheme for improvement of the surroundings of, or any means of access to, any structure, place, feature or object referred to in sub-paragraph (iii),
— to the Minister, the Heritage Council, and An Taisce — the National Trust for Ireland, and in the case of development of a type referred to in sub-paragraph (i) or (ii), An Chomhairle EalaÃ­on and FÃ¡ilte Ireland,
(d) where it appears to the authority that the area of another local authority might be affected by the development — to that local authority,
(e) where it appears to the authority that the development would not be consistent with or would materially contravene any regional planning guidelines (or any objective thereof) of a regional authority — to that regional authority,
(f) where it appears to the authority that if permission were granted, a condition should be attached under section 34(4)(m) of the Act — to any local authority (other than the planning authority) who would be affected by any such condition,
(g) where it appears to the authority that—
(i) the development might cause the significant abstraction or addition of water either to or from surface or ground waters, whether naturally occurring or artificial,
(ii) the development might give rise to significant discharges of polluting matters or other materials to such waters or be likely to cause serious water pollution or the danger of such pollution, or
(iii) the development would involve the carrying out of works in, over, along or adjacent to the banks of such waters, or to any structure in, over or along the banks of such waters, which might materially affect the waters,