Saturday 2 December 2006

Planning and Development (Strategic Infrastructure) Act 2006 - roll out

Had an emal today about the Planning and Development (Strategic Infrastructure) Act 2006. For those interested, the Minister for the Environment Heritage and Local Government has published an Order commencing certain provisions of the Planning and Development (Strategic Infrastructure) Act 2006.

The Order commences certain provisions of the Act with effect from 17 October 2006. The commenced sections include:

* Provisions amending the circumstances under which conditions relating to adjoining or abutting land can be imposed on a planning permission
* A definition of National Spacial Strategy for the purposes of the Planning and Development Act 2000
* Changes to a Planning Authority's powers to refuse permission on the basis of past performance
* Provisions in respect to the participation of certain organisations in the planning process
* Changes to the procedures for making documents available to the public
* Provisions to allow An Bord Pleanala to take into account any matter other than the grounds of an appeal in deciding whether to dismiss an appeal for vexation
* Provisions for the compulsory acquisition of sub stratum lands at nil value
* Clarification of the matters to which An Bord Pleanala must have regard in performing its functions
* Amendments to the penalty provisions in the 2000 Act and various changes in respect of compulsory purchase

The Planning and Development (Strategic Infrastructure) Act 2006 amends the Planning and Development Act 2000 to provide for the introduction of a streamlined planning consent procedure for "strategic infrastructure developments". The developments will be determined by a new Strategic Infrastructure Division within An Bord Pleanala.

Persons seeking permission for specified types of strategic infrastructure will apply directly to An Bord Pleanala. Where the Bord determines that the project is of strategic importance and having regard to the criteria set out in the 2000 Act, an application accompanied by an environmental impact statement may be made directly through the Bord. The Act schedules the classes of projects for which a streamlined planning consent procedure is introduced.

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