Planning and Development Act 2024
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Opinion with regard to making of application where certain aspects of proposed development not confirmed | ||
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94. (1) The planning authority shall, not later than 4 weeks from the date on which the meeting convened under subsection (4) of section 93 takes place, consider the description and information included in the request under that section, the undertaking that accompanied that request and any information provided at the meeting and— | ||
(a) if the planning authority is satisfied that it would be appropriate for the application referred to in subsection (1) of that section to be made before the confirmation of all aspects of the development concerned, it shall provide the prospective applicant (within the meaning of section 93 ) with an opinion to that effect, or | ||
(b) if the planning authority is not so satisfied, it shall notify the prospective applicant (within the meaning of section 93 ) thereof in writing. | ||
(2) An opinion under subsection (1) shall specify— | ||
(a) the aspects of the proposed development that may be confirmed after the making of the application, | ||
(b) the circumstances relating to the proposed development that justify the making of the application before the confirmation of those aspects, and | ||
(c) that the application shall, in addition to any other requirement imposed by or under this Act, include the description or statement referred to in the undertaking given in accordance with subparagraph (iv) of paragraph (a) of subsection (2) of section 93 . | ||
(3) An opinion under subsection (1) shall not be published unless and until a planning application for permission for the development concerned is made in accordance with this Chapter. | ||
(4) Where the planning authority fails to comply with subsection (1) within the period specified therein, it shall perform the functions under that subsection as soon as practicable and provide the prospective applicant with an explanation in writing of the reason for the failure. | ||
(5) The failure by a planning authority to comply with subsection (1) within the period specified therein shall not invalidate any act done by the planning authority. | ||
(6) An opinion under subsection (2) of section 32I of the Act of 2000 shall operate as if it were an opinion under paragraph (a) of subsection (1). | ||
(7) A notification under subsection (3) of section 32I of the Act of 2000 shall operate as if it were a notification under paragraph (b) of subsection (1). |