Planning and Development Act 2024
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Pre-application consultation required for certain developments | ||
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89. (1) Subject to subsection (2), a person shall not apply for permission under this Chapter for— | ||
(a) development consisting of not less than 10 housing units, | ||
(b) development consisting of student accommodation containing not less than 200 bed spaces, | ||
(c) development (other than residential development) containing not less than 1000 square metres gross floor space, or | ||
(d) such other development as may be prescribed, | ||
unless in relation to the proposed development— | ||
(i) he or she first requests a consultation under section 90 , | ||
(ii) in a case where the planning authority complies with paragraph (a) of subsection (3) of section 90 , he or she participated in at least one consultation meeting under that section, | ||
(iii) a certificate referred to in subsection (9) of section 90 was given to him or her, or | ||
(iv) he or she makes the application with the written consent, or on behalf, of a person who— | ||
(I) has complied with paragraph (i) or (ii), or | ||
(II) is the holder of such a certificate. | ||
(2) A person (in this Chapter referred to as a “prospective LRD applicant”) shall not apply for permission for large-scale residential development— | ||
(a) unless, in relation to the proposed development, he or she— | ||
(i) obtains an LRD opinion under section 92 in relation to the proposed development within the period of 6 months before he or she makes the application for permission, | ||
(ii) obtains a certificate referred to in subsection (9) of section 90 in relation to the proposed development within the period of 6 months before he or she makes the application for permission, or | ||
(iii) makes the application with the written consent, or on behalf, of a person who has complied with subparagraph (i) or (ii), | ||
and | ||
(b) unless the land on which the proposed development is to be carried out is zoned to allow such development to be carried out thereon. | ||
(3) In this section “proposed development” means— | ||
(a) in relation to an application for permission referred to in subsection (1), development that is not materially different from development in respect of which a request for consultation under section 90 was made, and | ||
(b) in relation to an application for permission referred to in subsection (2), development that is not materially different from development in respect of which an LRD opinion was obtained under section 92 . |