The Planning Bill - Development Consent

Procedure in “Standard” Applications

Michael Furminger BL is presently giving presentations on the Planning Bill at any location where there is sufficient demand, or online.

Most of the publicity and debate around the Planning Bill has concerned its provisions regarding the Judicial Review of planning decisions and the costs of such Court proceedings. Neither topic is concerned with planning.

The 'bread and butter' of the planning process – development consent – is dealt with in Part 4 of the Bill.

Custom House, Custom House Quay, Dublin, home of the Bill's sponsor, the Department of Housing, Local Government and Heritage

Part 4 establishes just four consent procedures, replacing more than ten under the 2000 Act;

• standard development (Chapter 3)

• applications direct to An Coimisiún Pleanála (formerly An Bord Pleanála) (eg for Strategic Infrastructure Development) (Chapter 4)

• applications for alterations, extensions and revocations (Chapter 5)

• Local Authority and State development (Chapter 6)

By far the majority of all applications and permissions will be for "standard" development.

Section 80 of the Bill establishes that permission shall be required for any development other than exempted development save for State authority development dealt with in Chapter 6 and development required or authorised by the orders, notices and licences referred to to in s80(1)(a)(iii) and (iv) and s80(1)(b). Unsurprisingly, the vast majority of development will require permission.

The only persons able to make an application for planning permission will be the owner of land, a person with some other specified legal interest or a person with the consent of such a person (s82(1)).

Section 83 sets out the matters to which planning authorities and the Commission must have regard in the determination of planning applications. It consolidates various obligations that were contained in different sections in the 2000 Act. The Explanatory Memorandum states that these provisions "strengthen the policy-led and plan-led approach to development" promoted by the Bill (p36).

It is worth noting in particular that planning authorities will be expressly required to have regard to the following;