Foreshore in private ownership
Where foreshore is privately owned, the erection of structures on privately owned foreshore requires consent of the Minister under section 10 of the Foreshore Act 1933.
Ministerial consent must be obtained for any proposed works on private foreshore.
An applicant for a section 10 consent is required to consult the Marine Planning and Foreshore Section well in advance of finalising proposals.
At a pre-application meeting, the applicant will be required to provide:
- a detailed project description;
- a project timetable;
- details of any other consents required;
- details of any consultations undertaken.
The applicant should be familiar with planning, environmental impact assessment and appropriate assessment requirements.
The applicant may be advised to undertake further consultations with individual relevant State bodies and local stakeholders before submitting a formal application for foreshore consent. A comprehensive list of consultees is available here.
Review of application
Applications for section 10 consent are reviewed on the grounds of whether they:
- are likely to cause (directly or indirectly) an obstruction to navigation or to fishing; or
- would have or be likely to have significant adverse effects on the environment.
There is no fee applied to section 10 consents. However, the applicant will be required to meet the costs of the Minister engaging external expertise where the requisite expertise is not otherwise available to the Minister. This will depend on the nature of the application.
Proof of ownership
All of the foreshore of Ireland is presumed to be owned by the Sate unless valid alternative title is provided.
The onus of proof of ownership over the foreshore lies with the applicant. The applicant will need to submit documentary evidence of ownership. This should include folio maps / other appropriate maps. These are available from the Registry of Deeds and Land Registry
Developments on privately owned foreshore are also subject to planning legislation. Proof of a grant of planning is required before any section 10 consent can be approved by the Minister.
Form of consent
Consent for development on private foreshore takes the form of a letter of consent with appropriate conditions attached.
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