Planning and Development Act 2024
|
Procedural powers of planning authority | ||
|
97. (1) Any person may, upon payment of the prescribed fee, make a submission in writing to a planning authority in relation to an application for permission for standard development in such manner and within such period as may be prescribed. | ||
(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before determining any application for permission for standard development, a planning authority may, in such manner and within such period as may be prescribed, request the applicant to submit— | ||
(a) further information to the planning authority, where in the opinion of the planning authority that information is necessary to enable it to determine the application, or | ||
(b) revised particulars, plans or drawings in relation to the development or proposed development, where the planning authority is considering granting permission subject to the applicant complying with that request. | ||
(3) Without prejudice to subsection (1) or (7) of section 235 , where the planning authority receives— | ||
(a) a submission under subsection (1), | ||
(b) further information or revised particulars, plans or drawings pursuant to a request under subsection (2), or | ||
(c) submissions or further information under any other provision of this Act or regulations under this Act or pursuant to a request under any such provision, | ||
that it considers contain or contains additional material information (including information in relation to the effect of the proposed development on a European site or otherwise on the environment), it shall— | ||
(i) make that additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and | ||
(ii) notify the applicant that the applicant is required to give notice (in such manner and within such period as may be prescribed) to the public— | ||
(I) that the additional material information is available for inspection, | ||
(II) of the address of the place where the additional information may be inspected, and | ||
(III) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed. | ||
(4) (a) Where an applicant for permission fails to comply with a request under paragraph (a) of subsection (2) or a requirement in a notification under paragraph (a) of subsection (2) within such period as may be prescribed, the application for permission shall be deemed to have been withdrawn. | ||
(b) Where an applicant for permission fails to comply with a request under paragraph (b) of subsection (2) within such period as may be prescribed, the planning authority may— | ||
(i) extend that period, where it considers it appropriate to do so, or | ||
(ii) without further notice to the applicant, consider, and perform its functions in relation to, the application as if no such request had been made. |