Planning and Development Act 2024
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Pre-application consultation | ||
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90. (1) (a) Any person (in this section referred to as a “prospective applicant”) who is eligible to apply for permission, and intends to apply for permission, for standard development may, prior to the making of an application for such permission, request a consultation meeting with the planning authority under this section. | ||
(b) Any person (in this section also referred to as a “prospective applicant”) who is of a class prescribed by the Minister may request a consultation meeting with the planning authority under this section. | ||
(2) A request under this section shall be accompanied by— | ||
(a) sufficient information to allow the planning authority to carry out its functions under this section, and | ||
(b) any documentation or information as may be prescribed. | ||
(3) Where a request is made under this section and is accompanied by the required documentation and information in accordance with subsection (2), the planning authority shall hold a consultation meeting— | ||
(a) in the case of development to which subsection (1) of section 89 applies, within 4 weeks from the date of the request, or | ||
(b) in the case of any other development, as soon as is practicable. | ||
(4) Where a request under this section is made and, on the expiration of the period specified in paragraph (a) of subsection (3), a consultation meeting has not taken place— | ||
(a) the prospective applicant may make an application under section 95 for permission for the development to which the request relates provided that the request does not relate to proposed large-scale residential development, or | ||
(b) the planning authority shall, where the request relates to proposed large-scale residential development, proceed to convene the consultation meeting as soon as practicable and provide the applicant with a written explanation as to why the consultation meeting did not take place within the period referred to in paragraph (a) of subsection (3). | ||
(5) The holding of a consultation meeting under this section after the period referred to in paragraph (a) of subsection (3) shall not invalidate any steps taken by the planning authority. | ||
(6) A planning authority may, for the purposes of the consultation meeting in relation to a proposed development, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting. | ||
(7) For the purposes of a consultation meeting under this section in relation to proposed development at the airport, a planning authority shall— | ||
(a) consult with the competent authority (within the meaning of the Aircraft Noise (Dublin Airport) Regulation Act 2019 ), and | ||
(b) upon the request of that competent authority— | ||
(i) facilitate that competent authority’s engagement in the consultation meeting, and | ||
(ii) require the prospective applicant to furnish to the planning authority any specified types of drawings, plans, documents or other information in relation to that request as the competent authority may specify. | ||
(8) For the purposes of a consultation meeting under this section, a planning authority— | ||
(a) shall advise the prospective applicant of the procedures that apply to the consideration of a planning application by a planning authority, | ||
(b) shall, as far as possible, indicate— | ||
(i) the relevant objectives of the development plan and any applicable urban area plan, priority area plan or coordinated area plan, or | ||
(ii) in the case of proposed maritime development, the relevant objectives of the National Marine Planning Framework, | ||
that are likely to have a bearing on the decision of the planning authority, | ||
(c) may advise the prospective applicant of the considerations related— | ||
(i) to the environment, | ||
(ii) to proper planning and sustainable development, or | ||
(iii) in the case of proposed maritime development, to maritime spatial planning, | ||
that, in the opinion of the planning authority, are likely to have a bearing on the decision of the planning authority, and | ||
(d) may, on the request of the prospective applicant, advise him or her as to the type of documents that may be required to be submitted with the proposed application. | ||
(9) (a) Where a planning authority receives a request under this section in relation to a proposed development that includes permitted development, and the planning authority is satisfied that— | ||
(i) the proposed development is substantially the same as the permitted development, and | ||
(ii) the nature, scale and effect of any difference between the permitted development and the proposed development would not require the holding of any further consultation, | ||
the planning authority may determine that further consultation is not required under this section in relation to the proposed development, and where it so determines, it shall provide a certificate to that effect in writing to the person who made the request. | ||
(b) In this subsection “permitted development” means such part of a proposed development as is the subject of— | ||
(i) a permission granted under this Chapter for large-scale residential development, | ||
(ii) a permission granted under the Act of 2000 for large-scale residential development within the meaning of that Act, or | ||
(iii) a permission granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 . | ||
(10) A written confirmation provided under subsection (7) of section 247 of the Act of 2000 shall, on and after the repeal of that subsection by section 6 , be deemed to be a certificate provided under subsection (9). |