Revenue Note for Guidance

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Revenue Note for Guidance

653I Zoning submissions

Summary

This section deals with requests to amend the zoning status of land.

Details

(1) A landowner can make a written submission to their local authority requesting a change to the zoning of land included in a draft, supplemental or revised map, in accordance with the following timelines;

  • (1a) a submission relating to a draft map must be made by 1 January 2023;
  • (1b) a submission relating to a supplemental map must be made by 1 June 2023;
  • (1c) a submission relating to the draft revised map for 2025 must be made by 31 May 2024; or
  • (1d) a submission relating to the revised map for 2025 must be made in the period from 1 February 2025 to 1 April 2025, inclusive.

(2) The local authority will publish on its website submissions received by it requesting changes to the zoning status of land on draft or supplemental maps.

(3) Section 13(3A) of the Planning and Development Act 2000 will apply in relation to the publication of a submission on land zoning amendments. This provision provides that written submissions or observations received by a local authority to vary land zoning will be published on the website of the local authority within 10 working days of receipt subject to certain exceptions, including where the local authority is of the opinion that it is vexatious, libellous or contains confidential information relating to a third party in respect of which the third party has not consented to its disclosure; where the local authority has received legal advice not to publish all, or part of the submissions or observations concerned; and where the submission or observation relates to matters prescribed by the Minister for the Environment and Local Government for the purpose of section 13 of the Planning and Development Act 2000.

(3A) (a) The local authority will issue a written acknowledgement of receipt of a submission requesting a change in the zoning of land appearing on the revised map for 2025 by 30 April 2025.

(b) The written acknowledgement referred in paragraph (a) shall contain the following details:

(i) The local authority is required to confirm that, on the date the acknowledgement is issued, in respect of the land, or part thereof, which is the subject of the submission, whether the following applies:

  • Planning permission has been granted which provides, in whole or in part, for residential development and has not expired (referred to in section 653I and 653IA as ‘extant planning permission for residential development’); or
  • A planning application has been made which relates, in whole or in part, to residential development, and any of the following apply;
  • The local authority has not yet made a decision or, where the planning application has been made to An Bord Pleanála under the Planning and Development (Housing) and Residential Tenancies Act 2016, An Bord Pleanála has not made a decision (the latter part of this subclause relates to planning applications for Strategic Housing Developments which, in accordance with the 2016 Act, were made directly to, and considered by, An Bord Pleanála in the first instance.);
  • The decision made by the local authority is the subject of an appeal to An Bord Pleanála and that appeal has not been determined; or
  • The decision made by the local authority or An Bord Pleanála is the subject of a judicial review and that judicial review has not been determined.
  • Such planning applications are referred to as a ‘current planning application for residential development’ for the purposes of section 653I and 653IA

(ii) With respect to an extant planning permission, or current planning application, for residential development, the local authority is required to provide the following details in the written acknowledgement:

  • Details of the planning application as required to be entered by the local authority on the register under section 7 of the Act of 2000, and
  • A copy of the location map provided with the planning application as required by article 22(2)(b) of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

(4) The local authority will evaluate a submission received under subsection (1), consider whether a variation under section 13 of the Planning and Development Act 2000, as amended, is appropriate and, in the case of a submission relating to the draft revised map for 2025, notify the owner of its decision to reject the request or to propose to make a variation under section 13 of the Planning and Development Act 2000. The local authority will issue this notification by 31 July 2024; or in the case of a submission relating to the revised map for 2025, notify the owner of its decision to reject the request or to propose to make a variation under section 13 of the Planning and Development Act 2000 by 30 June 2025.

(5) Landowners making a request in accordance with this section must have evidence of their ownership of the land in question and provide such evidence to the relevant local authority upon request.

Relevant Date: Finance Act 2024