My Department has responsibility for the regulation of the foreshore under the Foreshore Act 1933, as amended. Foreshore is the shore and seabed between High Water Mark and the territorial seas (12 nautical miles from the shore).
It is not clear from the question where the proposed development will occur, therefore two options will need to be considered:
- In accordance with foreshore legislation if it is within the foreshore limits with no ancillary terrestrial elements, ie moored, then it will need Foreshore consent but Planning Permission from a Planning Authority or from An Bord Pleanála [Strategic Infrastructure Development] would not apply as it is not contiguous to the functional area of the Local Authority.
- If the proposed development had a terrestrial element, such as cables or other infrastructure, it has to be considered jointly so potentially Planning Permission from the relevant Planning Authority or An Bord Pleanála may apply under the Planning and Development legislation.
It should be noted under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case, with which a Planning Authority or An Bord Pleanála is or may be concerned.