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  • The Minister signed the Planning and Development (Amendment) Act 2010 (Commencement) (No.3) (Order 2011) on the 16th November 2011. This Order commences sections 74 and 75 of the Planning and Development Act (Amendment) Act 2010 which amends section 261, and insert a new section 261A, into the Planning and Development Act 2000. 

    This new legislation arises from the Derrybrien windfarm case where in 2008, the European Court of Justice ruled that Ireland was in breach of EU law in permitting retention permission for projects accompanied by an Environmental Impact Assessment. Following the ruling, the Minister issued a Circular which advised that retention permission for developments requiring EIA should not be granted after 3rd July 2008. 

    The “Substitute Consent” procedure in the 2010 Act seeks to provide a mechanism whereby the position in respect of EIA development can be regularized – however leave to apply for consent from An Bord Pleanala is only allowed in exceptional circumstances (i.e. a planning permission found defective by a court).

    In the specific case of quarries there will be a sunset period whereby quarry owners will be given a last opportunity to regularize any unauthorized works without having to meet the exceptional circumstances test.  The Act also seeks to require that such works are regularized under s.74 and s.75 of the Act. Read the rest of this entry »

    Published on November 21, 2011 By:David Mulcahy · Filed under: Planning Legislation, Rural Planning; Tagged as: , , ,
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