Planning and Development Act 2024

LRD opinion

92. (1) The planning authority shall, within the period of 4 weeks from the date on which the LRD meeting takes place, provide an opinion (referred to in this Chapter as an “LRD opinion”) to the prospective LRD applicant as to whether or not it considers that the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.

(2) Where the opinion of the planning authority is that the documents submitted for the purposes of the meeting do not constitute a reasonable basis on which to make an application for permission for the proposed LRD, it shall specify in the LRD opinion—

(a) the extent to which the documents submitted do not constitute a reasonable basis on which to make the application, and

(b) any issues that, if dealt with by the relevant documents, could result in the documents constituting a reasonable basis on which to make the application.

(3) Where the planning authority fails to provide an LRD opinion within the period referred to in subsection (1), the planning authority shall provide the applicant with a written explanation of the reason for the failure and provide that opinion as soon as practicable after the expiration of that period.

(4) An LRD opinion provided by a planning authority under subsection (1) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the planning authority receives an application for permission for the development to which the opinion relates.

(5) The failure by a planning authority to comply with this section within the period referred to in subsection (1) shall not invalidate any steps taken by the planning authority.

(6) An LRD opinion provided under section 32D of the Act of 2000 shall, on and after the repeal of that section by section 6 , be deemed to be an LRD opinion provided under this section.

(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6 , each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.