653E Draft map – determinations on exclusions and date

Summary

This section places an obligation on a local authority to respond to a landowner’s submission under section 653D when it relates to the exclusion of a site from the final map or the date on which a site first met the criteria for inclusion on a local authority map.

Details

(1) A local authority that receives a submission from a landowner relating to the draft map will assess the submission and issue a written determination, by 1 April 2023, where the submission relates to:-

• (a) the exclusion of a site from a final map on the basis that it does not meet the relevant criteria, or
• (b) an amendment to the date on which a site first met the conditions for inclusion on the local authority map.

(2) In arriving at its determination, a local authority may, no later than 21 days from the deadline for receipt of submissions under section 653D, consult with the owner, Irish Water, the National Road Authority or other persons referred to in article 28 of the Planning and Development Regulations 2001, so as to obtain further information to inform their decision.

(3) Any person consulted with under subsection (3) will provide the requested information to the local authority within 21 days.

(4) A local authority may, in exceptional circumstances, accept submissions relating to a draft map after 1 January 2023.

(5) In notifying the landowner of its decision under subsection (1), the local authority will provide an explanation for its decision and advise the owner that they have one month from receipt of the notification to appeal the determination to An Bord Pleanâla, specifying the grounds for appeal.

Relevant Date: Finance Act 2021