Environmental update

Amendments to Substitute Consent provisions of the Planning and Development Act 2000

The substitute consent provisions in the Planning and Development, Maritime and Valuation (Amendment) Act 2022 and also new substitute consent regulations supplementing the provisions in the Act were commenced in December 2023. The measures introduced include the following:

  • Enable the streamlining of substitute consent procedures for applications to regularise existing development requiring retrospective environmental impact assessment or appropriate assessment;
  • Provide for a single-stage application process;
  • Extend simultaneous applications for both retrospective and future-facing development to An Bord Pleanála from quarries to all development types;
  • Provide for the Board to refuse to consider an application for retention of unauthorised development where either or both an Environmental Impact Assessment or Appropriate Assessment was or is required;
  • Allow pre-application consultations with the Board on proposed applications;
  • Specify the additional information that can be provided by an applicant when a request received by the Board under section 177K of the Planning and Development Act 2000 applies;
  • Extend the timeline for any person to submit a submission or observation on an application for substitute consent to An Bord Pleanála from 5 weeks to 8 weeks; and
  • Repeal the temporary substitute consent provisions provided for by the Planning and Development, and Residential Tenancies Act 2020.

Our Environmental team are happy to discuss any of your Environmental queries.  Please contact Eoin O’Sullivan, Owen Cahill, orThomas Blackwell: info@mkoireland.ie

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