First Previous (PART XIV Acquisition of Land, etc.) Next (PART XVI Events and Funfairs)

30 2000

PLANNING AND DEVELOPMENT ACT, 2000

PART XV

Development on the Foreshore

Definition.

224. —In this Part—

“development” includes development consisting of the reclamation of any land on the foreshore;

“foreshore” has the meaning assigned to it by the Foreshore Act, 1933 , but includes land between the line of high water of ordinary or medium tides and land within the functional area of the planning authority concerned that adjoins the first-mentioned land.

Obligation to obtain permission in respect of development on foreshore.

225. —(1) Subject to the provisions of this Act, permission shall be required under Part III in respect of development on the foreshore not being exempted development, in circumstances where, were such development carried out, it would adjoin—

(a) the functional area of a planning authority, or

(b) any reclaimed land adjoining such functional area,

and accordingly, that part of the foreshore on which it is proposed to carry out the development shall for the purposes of making an application for permission in respect of such development be deemed to be within the functional area of that planning authority.

(2) That part of the foreshore on which a development has been commenced or completed pursuant to permission granted under Part III shall, for the purposes of this Act or any other enactment, whether passed before or after the passing of this Act, be deemed to be within the functional area of the planning authority that granted such permission.

(3) This section shall not apply to—

(a) development to which section 226 applies, or

(b) development consisting of underwater cables, wires, pipelines or other similar apparatus used for the purpose of—

(i) transmitting electricity or telecommunications signals, or

(ii) carrying gas, petroleum, oil, or water,

or development connected to land within the functional area of a planning authority solely by means of any such cable, wire, pipeline or apparatus.

(4) This section is in addition to and not in substitution for the Foreshore Acts, 1933 to 1998.

Local authority development on foreshore.

226. —(1) Where development is proposed to be carried out wholly or partly on the foreshore—

(a) by a local authority that is a planning authority, whether in its capacity as a planning authority or otherwise, or

(b) by some other person on behalf of, or jointly or in partnership with, a local authority that is a planning authority, pursuant to an agreement entered into by that local authority whether in its capacity as a planning authority or otherwise,

(hereafter in this section referred to as “proposed development”), the local authority concerned shall apply to the Board for approval of the proposed development.

(2) The Board may approve, approve subject to conditions, or refuse to approve a proposed development.

(3) Section 175 shall apply to proposed development belonging to a class of development, identified for the purposes of section 176 , subject to—

(a) the modification that the local authority concerned shall not be required to apply for approval under subsection (3) of the said section 175 in respect of the proposed development,

(b) the modification that the reference in subsection (4) to approval under subsection (3) shall be construed as a reference to approval under subsection (1) of this section,

(c) any modifications consequential upon paragraph (a), and

(d) any other necessary modifications.

(4) Subsections (4), (5), (6), (7), (9), (10), (11)(a), (11)(b)(ii), (11)(b)(iii), (12), (13) and (14) of section 175 shall apply to a proposed development other than one referred to in subsection (3), subject to—

(a) the modification that the reference in subsection (4) of the said section 175 to approval under subsection (3) shall be construed as a reference to approval under subsection (1) of this section,

(b) the modification that—

(i) references in subsections (4) and (5) of the said section 175 to environmental impact statement shall be construed as references to such documents, particulars, plans or other information relating to the proposed development as may be prescribed,

(ii) references to likely effects on the environment shall be disregarded, and

(iii) the reference in subsection (11)(a) of the said section 175 to applications for approval under this section shall be construed as references to applications for approval under subsection (1) of this section, and

(c) any other necessary modifications.

(5) Sections 32 and 179 shall not apply to a proposed development.

(6) This section shall apply to proposed development that—

(a) if carried out wholly within the functional area of a local authority that is a planning authority, would be subject to the provisions of section 175 , or

(b) is prescribed for the purposes of this section.

Acquisition of land etc. on foreshore.

227. —(1) The powers of a local authority to compulsorily acquire land under the enactments specified in section 214 (1) shall, where the local authority concerned is a planning authority and for the purposes specified in those enactments, extend to that part of the foreshore that adjoins the functional area of the local authority concerned.

(2) The functions of a road authority under sections 49, 50 and 51 of the Roads Act, 1993 , shall extend to the foreshore adjoining the functional area of the road authority concerned.

(3) The functions transferred to the Board under section 214 shall be performable by the Board in relation to any compulsory acquisition of land to which subsection (1) applies.

(4) The functions transferred to the Board under section 215 shall be performable in relation to any scheme approved under section 49 of the Roads Act, 1993 , relating to the foreshore.

(5) Where a local authority—

(a) applies for approval under section 226 ,

(b) in relation to land on the foreshore, submits any matter (howsoever described under the enactment concerned) to the Board in relation to which it falls to the Board to perform functions in respect thereof under an enactment specified in section 214 , or

(c) submits a scheme under section 49 of the Roads Act, 1993 ,

it shall send copies of all maps, documents (including any environmental impact statement) and other materials sent to the Board in connection with the application or scheme concerned to the Minister for the Marine and Natural Resources.

(6) The Board shall, before performing any function conferred on it by section 226 or (in respect of land on the foreshore) under an enactment specified in section 214 (1) or referred to in subsection (5), by notice in writing, invite observations in relation to the application or scheme concerned from the Minister for the Marine and Natural Resources within such period is may be specified in the notice being a period of not less than 8 weeks from the date of receipt of the notice.

(7) The Board shall in the performance of the functions referred to in subsection (6) have regard to any observations made pursuant to a notice under that subsection.

(8) The Foreshore Acts, 1933 to 1998, shall not apply in relation to any application to the Board under section 226 , or matters to which subsection (5)(b) applies or a scheme submitted under section 49 of the Roads Act, 1993 .

(9) The Board may, notwithstanding any other enactment, attach such conditions relating to the protection of the marine environment, as it considers appropriate, to—

(a) the confirmation of any compulsory purchase order, or

(b) the approval of any scheme under section 49 of the Roads Act, 1993 ,

relating to the foreshore, and the local authority concerned shall comply with any such conditions.

(10) Nothing in the State Property Act, 1954 , shall operate to prevent a local authority compulsorily acquiring land on the foreshore.

(11) This section shall not apply to any application to the Minister for the Marine and Natural Resources for a lease under section 2 of the Foreshore Act, 1933 , or for a licence under section 3 of that Act made before the coming into operation of this section.

Entering on foreshore for certain purposes.

228. —(1) Where a local authority proposes to enter onto the foreshore for the purposes of carrying out site investigations, it shall not later than 4 weeks before the carrying out of such investigations—

(a) publish in at least one newspaper circulating in the area of the proposed site investigations, and

(b) serve on the Minister for the Marine and Natural Resources and to the prescribed bodies,

a notice of its intention to so do, and where any such site investigations would involve excavations, borings or other tests that would be capable of causing disturbance to the marine environment, it shall inform that Minister and those bodies of the details of the proposed investigations.

(2) The Minister for the Marine and Natural Resources may make recommendations to the local authority concerned in relation to investigations referred to in subsection (1) and the local authority shall have regard to any such recommendations when carrying out such investigations.

(3) Where there has been compliance with this section, section 252 shall not apply in relation to entry onto the foreshore for the purposes specified in subsection (1).

(4) Compliance with this section shall, in relation to entry onto the foreshore for the said purposes, constitute compliance with any other enactment requiring the giving of notice of entry on land by a local authority.