Planning and Development Act 2024

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Decision in relation to standard planning application

98. (1) Subject to this Part and Part 6 , where an application for permission is made to a planning authority under this Chapter, the planning authority may decide to—

(a) grant the permission, subject to such conditions (if any) as may be imposed under section 87 ,

(b) grant the permission subject to—

(i) any modifications to the proposed development as it may specify, and

(ii) subject to such conditions (if any) as may be imposed under section 87 ,

(c) grant permission in respect of part of the proposed development subject to—

(i) any modifications to that part as it may specify, and

(ii) subject to such conditions (if any) as may be imposed under section 87 ,

or

(d) refuse to grant the permission.

(2) A planning authority shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (1), attach the following conditions to a grant of permission under that subsection where the application for permission concerned is an application to which an opinion under section 94 applies:

(a) a condition requiring that each aspect of the proposed development concerned in respect of which confirmation has not yet been given to the planning authority—

(i) be limited to such proposed approaches as were included with the application for permission in accordance with the undertaking referred to in subparagraph (iv) of paragraph (a) of subsection (2) of section 93 , or

(ii) fall within such range specified in the statement included with the application for permission in accordance with the undertaking referred to in the said subparagraph (iv),

and

(b) a condition requiring the applicant for permission to inform the planning authority in writing of particulars of the aspect of the proposed development concerned (that has not yet been confirmed) before—

(i) the date of the commencement of the part of the proposed development to which that aspect relates, or

(ii) such earlier date as may be prescribed.

(3) When granting a permission under subsection (1) a planning authority shall comply with subsection (2) of section 87 (where applicable).

(4) Where a planning authority considers that the performance by it of functions under this section in relation to an application under section 95 has the potential to have a significant effect on the functional area of another planning authority, it shall, before making a decision under this section in relation to that application consult with, and have regard to the views expressed by, that other planning authority.