The Irish CHP Association

Promoting best practice in Combined Heat & Power in Ireland

IRISH CHP LEGAL & REGULATORY MAP

 

  


Local Planning Authority

Each County and City in Ireland has its own planning authority that determines local planning policy. This determination is secured through:

  • the adoption of Development Plans and Local Area plans under Chapters I and II of the Planning and Development Act (2000-2002) ("The Act");
  • regard for the Regional Planning Guidelines of Regulation Authorities under Chapter III of the Act;
  • regard for its City / County Strategy for Economic, Social and Cultural Development under Section 129 of the Local Government Act (2001);
  • regard for any Ministerial Guidelines issued to the planning authority by the Minister for the Environment, Heritage and Local Government under Chapter IV of the act; and
  • Adherence to the Act's enabling regulations, principally the Planning and Development Regulations (2001).

 

View the ICHPA Local Authority Planning List Here >>

Part III of the Act, entitled 'Control of Development', defines the requirement for persons to formally seek planning permission in respect of any development of land (with the exception of exempted development), for change of material use, or for the retention of previously unauthorised development.

As such, CHP promoters must follow a planning approval process, which may require the preparation of an Environmental Impact Statement (EIS), and must have regard for the policy of the planning authority. This means that the proposed CHP development must conform to the specific requirements set out in the local development plan and, where applicable, the: Local Area Plan; the Regional Planning Guidelines; the Strategy for Economic, Social and Cultural Development; and any relevant Ministerial Guidelines. Evidence of this will need to be demonstrated in the planning application.

In some, limited circumstances, planning permission may not be required. Discussions should be held with the planning authority to confirm whether or not planning permission is required on a case-by-case basis, and if so, whether or not an EIS will be required as part of the planning application. Where planning permission is not required, the applicant should obtain formal notification of this.

A failure to address local planning policy will generally result in a refusal to develop. The Act makes provision for the appeal of planning authority decisions to An Bord Pleanála.

 

To be submitted to the planning authority:

Planning Application (where required)

  • Planning Application form and associated plans and details;
  • Environmental Impact Statement if required;
  • Evidence of having given 2 weeks prior notice of the intention to make an application in a newspaper and by the erection or fixing of a site notice;
  • Appropriate planning fee; and
  • any additional information requested by the planning authority.

 

 

View the ICHPA Local Authority Planning List Here >>

 

More information:

 

 
 

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© Irish CHP Association. Last Updated: Fri 13 May 2005.