Planning and Development Act (Amendment) Act, 2018 | Fieldfisher
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Planning and Development Act (Amendment) Act, 2018

26/09/2018

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Ireland

The Planning and Development (Amendment) Act, 2018 (PDA 2018) was signed into law on 19th July 2018. It significantly adds to and revises the Planning and Development Act 2000 (Principal Act) and comprises in total 76 sections and 4 Schedules. The main provisions are as follows: • Office of the Planning Regulator The PDA 2018 allows for the creation of the Office of the Planning Regulator (OPR). The OPR will be responsible for the independent evaluation and assessme... The Planning and Development (Amendment) Act, 2018 (PDA 2018) was signed into law on 19th July 2018. It significantly adds to and revises the Planning and Development Act 2000 (Principal Act) and comprises in total 76 sections and 4 Schedules. The main provisions are as follows: • Office of the Planning Regulator The PDA 2018 allows for the creation of the Office of the Planning Regulator (OPR). The OPR will be responsible for the independent evaluation and assessment of all local authority and regional assembly forward planning, including zoning decisions. Furthermore, the OPR will be empowered to review the organisation, systems and procedures used by any planning authority or An Bord Pleanála, either on its own initiative or on foot of individual complaints from the public. • Section 12 – National planning framework This section amends section 11 of the Principal Act to provide for the incorporation of the National Planning Framework and a regional spatial and economic strategy into a development plan. • Sections 50-55 – Strategic Housing Developments These sections make a number of amendments to the “strategic housing development” (SHD) provisions in the Planning and Development (Housing) and Residential Tenancies Act 2016 most notably that SHDs shall now include shared accommodation. • Section 61 – Special legal costs rules This section amends section 4 of the Environment (Miscellaneous Provisions) Act 2011 to provide that the “not prohibitively expensive” legal costs rule shall also apply to challenges relating to Appropriate Assessment under the Habitats Directive. • Section 62 – Water Services Strategic Plan This section amends section 33 of the Water Services (No.2) Act 2013. It provides that, when preparing a water services strategic plan, Irish Water must have regard to proper planning and sustainable development in line with any development plans made under the Planning Acts. • Section 64 – Vacant site levy This section provides for an increase in the rate of the vacant site levy from 3% to 7% of the market valuation of relevant sites with effect from January 2020, in respect of sites included on local authority vacant sites registers in 2019. • Sections 59 – Derelict sites levy Similarly, this section provides that the derelict sites levy will also increase from 3% to 7%.