Taxes Consolidation Act, 1997 (Number 39 of 1997)
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653I. Zoning submissions
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(1) A person, who is the owner of such lands, may make a submission in writing—
(a) before 1 January 2023, to a local authority on a draft map published in accordance with section 653C, or
(b) before 1 June 2023, to a local authority on a supplemental map published in accordance with section 653F,
requesting a change to the zoning of lands included in the draft map or supplemental map, as the case may be.
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(1) A person, who is the owner of such lands, may make a submission in writing—
(a) before 1 January 2023, to a local authority on a draft map published in accordance with section 653C,
(b) before 1 June 2023, to a local authority on a supplemental map published in accordance with [5]>section 653F, or<[5][5]>section 653F,<[5]
(c) before 31 May 2024, to a local authority on a draft map published in accordance with section 653C(2), as applied, in accordance with section 653M(2)(a), for the purpose of the revision of a final map for the year 2025 in accordance with [6]>section 653M(1),<[6][6]>section 653M(1), or<[6]
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(d) during the period beginning on 1 February 2025 and ending on 1 April 2025, to a local authority on a revised map for the year 2025 published in accordance with section 653M(1),
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[8]>requesting a change to the zoning of lands included in the draft map or supplemental map, as the case may be.<[8][8]>requesting a change to the zoning of lands included in the draft map, supplemental map or revised map, as the case may be.<[8]
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(2) Subject to subsection (3), a local authority shall publish, on a website maintained by it, the written submissions if any, received by it in accordance with subsection (1).
(3) Subsection (3A) of section 13 of the Act of 2000 shall apply in respect of the publication of a submission under subsection (2) as if the submission were a submission received by a local authority under that section.
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(3A) (a) In a case in which a submission is made under subsection (1)(d), the local authority shall acknowledge receipt of the submission to the person who made that submission, in writing, not later than 30 April 2025.
(b) The acknowledgement referred to in paragraph (a) shall include—
(i) confirmation by the local authority as to whether, as at the date on which the acknowledgement issues, in respect of the lands, or any part of the lands, the subject of the submission—
(I) planning permission has been granted in respect of development of the land which consists in whole or in part of residential development, and the planning permission period has not expired (in this section and section 653IA referred to as an ‘extant planning permission for residential development’), or
(II) a planning application has been made in respect of the development of the land which consists in whole or in part of residential development, but, in relation to such planning application—
(A) the local authority has not made a decision or, in a case 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,
(B) in a case where the decision of the local authority is the subject of an appeal to An Bord Pleanála, the appeal is not determined, or
(C) in a case where a decision of the local authority or An Bord Pleanála, as the case may be, is the subject of a judicial review, the judicial review is not determined,
(in this section and section 653IA referred to as a ‘current planning application for residential development’),
and
(ii) in relation to an extant planning permission for residential development or a current planning application for residential development, as the case may be—
(I) particulars 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
(II) 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).
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(4) Where a submission is made in accordance with subsection (1), the local authority shall—
(a) evaluate the submission, and
(b) consider whether to propose to make a variation under section 13 of the Act of 2000.
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(4) Where a submission is made in accordance with subsection (1), the local authority shall—
(a) evaluate the submission,
(b) consider whether to propose to make a variation under section 13 of the Act of 2000 or to reject the request for a change to the zoning of the lands, and
(c) in a case in which a submission is made under subsection (1)(c), not later than 31 July 2024, [10]>or, in a case in which a submission is made under subsection (1)(d), not later than 30 June 2025,<[10] notify the owner concerned of its decision to—
(i) reject the request for a change to the zoning of lands, or
(ii) propose to make a variation to a development plan under section 13 of the Act of 2000.
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(5) Where a submission under subsection (1) is made by the owner of such lands, that person shall have available such evidence as is necessary to prove their ownership of the lands and the local authority may request that such evidence is provided to the local authority.
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Inserted by FA21 s80(1)(a). Comes into operation on such day as the Minister for Finance may appoint by order.