Planning Regulations

The notes following each Regulation listed below are for guidance purposes to the main content of the Regulation only and do not purport to be a legal interpretation. Most documents listed below are available on the Dept of The Environment, Heritage & Local Government website -  which allows you to access a copy of the relevant document. Please read the disclaimer notice on the Irish Statute Book website prior to downloading their material. (Kerry County Council is not reponsible for the content of external websites).


Planning and Development (Amendment) Regulations 2008 (SI 256 of 2008)
Planning and Development Regulations 2008 (SI 235 of 2008)
In building upon the planning exemptions for certain micro-renewable energy technologies in the domestic sector that were announced in February 2007, the Department have now published the Planning and Development Regulations 2008 (S.I. No. 235 of 2008) which give effect to new exempted development provisions in respect of renewable technologies for industrial buildings, business premises and agricultural holdings. The Regulations provide exemptions for wind turbines, met masts, combined heat and power (CHP) plants, solar panels and biomass boiler units, subject to certain conditions, across each of the sectors.  The Regulations came into effect from 2 July 2008.
The Regulations were finalised on foot of 51 submissions received from interested parties on draft proposals set out in the consultation paper that was published by the Department in October 2007. A copy of the consultation paper and a summary paper on the public consultation process are available below.
• Renewables consultation paper
• Summary Paper of the Consultation Process

Planning and Development (No. 2) Regulations 2007 (SI 135 of 2007).
Planning and Development (No. 2) Regulations 2007 (SI 135 of 2007), which also came into force on the 31st March provided for a transitional period up to the 1st June to ensure that there would be no excessive invalidations due to the changeover to the new arrangements.  This ‘grace period’ only relates to the validation of applications, all the other provisions of the regulations came into effect on 31st March.   Among the other amendments made by SI 135 of 2007 are provisions aimed at improved data protection for users of the planning system.

Planning and Development Regulations 2007 (S.I. No. 83 of 2007)
These Regulations set out planning exemptions for micro-renewable energy technologies for domestic houses and came into effect from 28 February, 2007.

Planning and Development Regulations 2006 (S.I No. 685 of 2006)
These Regulations have two functions: (1) to update and amend the Planning and Development Regulations 2001 to make changes and updates to the development management system, and (2) to underpin the new strategic consent procedure established under the Planning and Development (Strategic Infrastructure) Act 2006. The Regulations are effective from 2 separate dates, viz, 31 January, 2007 for the strategic infrastructure provisions and 31 March, 2007 for the development management system provisions.

Planning and Development (Strategic Infrastructure) Act, 2006 (Commencement)(No. 3) Order 2006 (S.I. No. 684 of 2006)
Brings sections of the 2006 Act relating to the establishment of a strategic infrastructure division within An Bord Pleanála and the provision for a strategic consent process for certain types of strategic infrastructure into force from 31 January, 2007.

European Communities (Environmental Impact Assessment)(Amendment) Regulations 2006 (S.I. No. 659 of 2006)
Provides for revised procedures to enhance public participation in the environmental impact assessment of projects having transboundary environmental impacts.

Planning and Development (Strategic Infrastructure) Act, 2006 (Commencement)(No. 2) Order 2006 (S.I. No. 553 of 2006)
Brings sections of the 2006 Act relating to the appointment of the membership of An Bord Pleanála into force from 5 November, 2006.

Planning and Development (Strategic Infrastructure) Act, 2006 (Commencement) Order 2006 (S.I. No. 525 of 2006)
Brings sections of the 2006 Act relating to the citation, commencement and interpretation of the Act into force from 17 October, 2006. The remaining sections are all amendments to the Planning and Development Act, 2000.

Planning and Development Regulations 2005 (SI No 364 of 2005) 
These regulations amend the Planning and Development Regulations 2001 to provide that a shop changing its use to an off-licence would require planning permission, amends the provisions in relation to peat extraction to facilitate consideration of the need for the environmental impact assessment of projects which are likely to have significant effects on the environment and also amends Parts I and II of Schedule 5 of the 2001 Regulations.

Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. No. 436 of 2004)
Transposes into Irish law the Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC) on the assessment of the effects of certain plans and programmes on the environment, insofar as the Directive relates to land-use planning. The regulations came into force on 21 July, 2004.

European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. No. 435 of 2004)
Transposes into Irish law the Strategic Environmental Assessment (SEA) Directive (Directive 2001/42/EC) on the assessment of the effects of certain plans and programmes, except land-use planning, on the environment. The regulations came into force on 14 July, 2004.

Planning and Development Act, 2000 (Commencement) Order 2004 (S.I. No. 152 of 2004)
Brings section 261 of the 2000 Act relating to the control of quarries into force from 28 April, 2004.

Planning and Development Act, 2000 (Commencement) Order 2003 (S.I. No. 450 of 2003)
Brings section 239 of the 2000 Act relating to the control of quarries into force from 24 September, 2003.

Planning and Development Act, 2000 (Certification of Fairground Equipment) Regulations, 2003 ( S.I. No. 449 of 2003)
Deals with matters of procedure, administration and control in relation to applications for, and grant of, certificates of safety for funfair equipment. The Regulations came into effect from 1 October, 2003.

Planning and Development (Regional Planning Guidelines) Regulations, 2003 ( S.I. No. 175 of 2003
Set out a number of procedural requirements in relation to the preparation of regional planning guidelines by regional authorities, including the taking into account of the National Spatial Strategy. They come into effect from 1 May 2003.

Planning and Development Regulations, 2003 (S.I. No. 90 of 2003)
Make changes to the minimum floor areas for accommodation required for eligible people under section 100 (1) (a) of Planning and Development Act 2000.

Planning and Development (No. 2) Regulations, 2002 (S.I. No. 149 of 2002)
Prescribe a fee for licenses for fingerpost direction signs for tourist accommodation.

Planning and Development Regulations, 2002 (S.I. No. 70 of 2002)
Modify details required on OS maps when plans are being submitted for planning permission.

Planning and Development Regulations, 2001 (S.I. No. 600 of 2001)
The Planning and Development Regulations, 2001 implement the Planning and Development Act, 2000 in its entirety. They consolidate all previous Regulations made under the 2000 Act and replace the Local Government (Planning and Development) Regulations 1994-2000. The Regulations came into operation on 21 January, 2002 and 11 March, 2002 (as outlined in page 230 of the regulations)

Kerry County Council, Co. Buildings, Rathass, Tralee

Phone: (066) 718 3500     Email: info@kerrycoco.ie

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