Planning and Development Act 2024
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Eligibility to make application | ||
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85. (1) A person shall not be eligible to make an application for permission for land-based development under Chapter 3 or 4, unless that person— | ||
(a) is the owner of the land on which the development is situated or proposed to be situated, | ||
(b) is a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated, | ||
(c) has a power conferred, or an obligation imposed, by statute to carry out the development concerned whether or not any preconditions to the exercise of that power have been satisfied, | ||
(d) has a power conferred by statute to acquire land compulsorily for the purposes of the development concerned whether or not any preconditions to the exercise of that power have been satisfied, or | ||
(e) makes the application with the consent in writing, or on behalf, of— | ||
(i) the owner of the land on which the development is situated or proposed to be situated, | ||
(ii) a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the land on which the development is situated or proposed to be situated, or | ||
(iii) a person who has a power, or who is under an obligation, referred to in paragraph (c) or (d). | ||
(2) Subject to section 174 , a person shall not be eligible to make an application for permission for maritime development under Chapter 3 or 4, unless that person— | ||
(a) is the holder of— | ||
(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or | ||
(ii) a licence granted under section 3 of the Act of 1933 in relation to a part of the foreshore that consists of, or includes, the maritime site on which the development is situated or proposed to be situated, | ||
(b) is the owner of the maritime site on which the development is situated or proposed to be situated, | ||
(c) is a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the maritime site on which the development is situated or proposed to be situated, | ||
(d) is the lessee under a lease under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which the development is situated or proposed to be situated, | ||
(e) has a power conferred by statute to acquire a maritime site compulsorily for the purposes of the development concerned whether or not any preconditions to the exercise of that power have been satisfied, or | ||
(f) makes the application with the consent in writing, or on behalf, of— | ||
(i) the owner of the maritime site on which the development is situated or proposed to be situated, or | ||
(ii) a person (other than a mortgagee not in possession) who has a legal or beneficial interest in the maritime site on which the development is situated or proposed to be situated. | ||
(3) (a) A person shall not be entitled to question or challenge the eligibility under this section of a person to make an application for permission for land-based development under Chapter 3 or 4 in a submission under this Act or in any proceedings before a court, unless that person is an interested person. | ||
(b) In this subsection “interested person” means, in relation to an application for permission for land-based development under Chapter 3 or 4— | ||
(i) the planning authority to whom the application is made, | ||
(ii) the Commission, | ||
(iii) the owner of the land to which the application relates, or | ||
(iv) a person who has a legal or beneficial interest in the land to which the application relates. | ||
(4) (a) A person shall not be entitled to question or challenge the eligibility under this section of a person to make an application for permission for maritime development under Chapter 3 or 4 in a submission under this Act or in any proceedings before a court, unless that person is an interested person. | ||
(b) In this subsection “interested person” means, in relation to an application for permission for maritime development under Chapter 3 or 4— | ||
(i) the planning authority to whom the application is made, | ||
(ii) the Commission, | ||
(iii) the Maritime Area Regulatory Authority, | ||
(iv) the owner of land to which the application relates, or | ||
(v) a person who has a legal or beneficial interest in the maritime site to which the application relates. |