Planning and Development Act 2024
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Time limit for decision of planning authority | ||
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101. (1) A planning authority shall, before the expiration of— | ||
(a) the relevant period, or | ||
(b) such longer period as the applicant may consent to in accordance with subsection (2), | ||
make a decision under section 98 in relation to an application under section 95 . | ||
(2) An applicant for permission for standard development or proposed standard development may, before the expiration of the relevant period, consent in writing to the extension of the period for making a decision under section 98 . | ||
(3) The Minister may prescribe a period or periods that shall be disregarded for the purposes of reckoning the relevant period. | ||
(4) Where the planning authority fails to make a decision under section 98 in relation to an application under section 95 within the relevant period (or such longer period as the applicant may consent to in accordance with subsection (2)), it shall notify the applicant thereof as soon as may be— | ||
(a) stating why it has not been possible to make a decision within that period, | ||
(b) identifying the additional period required by the planning authority to make a decision in relation to the application (which shall not exceed 4 weeks, or such longer period as the applicant may consent to in accordance with subsection (2), from the expiration of the relevant period), and | ||
(c) seeking the consent of the applicant to an extension of the period within which the planning authority shall make its decision. | ||
(5) (a) If the applicant notifies the planning authority that he or she consents to an extension of time sought in a notification under subsection (4), the planning authority shall make a decision in relation to the application as soon as may be and before the expiration of the period specified in that notification. | ||
(b) If, within such period as may be prescribed, the applicant notifies the planning authority that he or she does not consent to the extension sought in a notification under subsection (4), the application shall be deemed to be refused, and the applicant may appeal that deemed refusal to the Commission under section 103 . | ||
(c) If the applicant fails to notify the planning authority, within the period referred to in paragraph (b), as to whether or not he or she consents to the extension sought in the notification under subsection (4), the applicant shall be deemed to have consented to that extension. | ||
(d) Where an application under section 95 is deemed to have been refused in accordance with paragraph (b), the planning authority shall— | ||
(i) in circumstances where the applicant does not appeal the deemed refusal to the Commission, repay to the applicant all planning fees paid to the planning authority by the applicant in respect of the application, and | ||
(ii) in circumstances where the applicant appeals the deemed refusal to the Commission, repay to the applicant all planning fees paid to the planning authority by the applicant in respect of the application and any fees paid to the Commission by the applicant in respect of the said appeal. | ||
(6) (a) Where the applicant consents to an extension sought in a notification under subsection (4) and the planning authority fails to make a decision in relation to the application within the period specified in that notification, it shall— | ||
(i) repay to the applicant all fees paid to the planning authority by the applicant in respect of the application, | ||
(ii) pay to the applicant the additional sum in not more than 5 instalments, and | ||
(iii) subject to subsection (7), make a decision in relation to the application as soon as may be thereafter. | ||
(b) In this subsection “additional sum” means the lesser of the following: | ||
(i) such sum as is equal to 3 multiplied by the sum of the fees paid to the planning authority by the applicant in respect of the application; or | ||
(ii) €10,000. | ||
(7) (a) Where the applicant consents to an extension sought in a notification under subsection (4) and the planning authority fails to make a decision in relation to the application within the period specified in that notification, the applicant may notify the planning authority in writing that it does not consent to the planning authority’s making of a decision in relation to the application after the expiration of that period. | ||
(b) Where the planning authority receives a notification under paragraph (a)— | ||
(i) the application shall be deemed to have been refused by the planning authority on the date of the notification, and | ||
(ii) the applicant may appeal that deemed refusal to the Commission under section 103 . | ||
(c) Where the applicant brings an appeal referred to in subparagraph (ii) of paragraph (b), the planning authority shall repay to the applicant any fees paid by the applicant to the Commission in respect of that appeal. | ||
(8) A planning authority shall include in its annual report in accordance with section 221 of the Act of 2001— | ||
(a) the numbers of planning applications decided within the relevant period, | ||
(b) the number of planning applications not decided within that period, | ||
(c) the number of planning applications deemed refused in accordance with paragraph (b) of subsection (5) or subparagraph (i) of paragraph (b) of subsection (7), | ||
(d) the number of repayments made pursuant to paragraph (d) of subsection (5) and the aggregate value of all such repayments, | ||
(e) the number of payments and repayments made pursuant to subsection (6) and the aggregate value of all such payments and repayments, and | ||
(f) the number of repayments made pursuant to paragraph (c) of subsection (7) and the aggregate value of all such repayments. | ||
(9) The making of a decision by a planning authority under section 98 after the period referred to in subsection (1), shall not invalidate the decision. | ||
(10) The Minister may give a direction to a planning authority requiring the planning authority to give priority to the making of decisions under section 98 in relation to applications for permission of such class or classes as is specified in the direction, if he or she considers that, by reason of the strategic, economic or social importance to the State of the class or classes concerned, it is necessary or expedient that decisions under that section in relation to such applications be made as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development. | ||
(11) In this section “relevant period” means— | ||
(a) in relation to an application under section 95 in respect of which neither an appropriate assessment nor an environmental impact assessment is required under Part 6 — | ||
(i) 8 weeks from the date of the application, or | ||
(ii) where the planning authority makes one or more than one request under subsection (2) of section 97 , 4 weeks from the earlier of the following dates: | ||
(I) the date by which the request or requests, as the case may be, is or are fully complied with; | ||
(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with, | ||
or | ||
(iii) where subsection (3) of section 97 applies, 4 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of the said subsection (3), | ||
or | ||
(b) in relation to an application under section 95 in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6 — | ||
(i) 12 weeks from the date by which all submissions are required to have been given to the planning authority in accordance with this Part and Part 6 in relation to the proposed development, | ||
(ii) where the planning authority makes a request or more than one request for further information under subsection (2) of section 97 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 8 weeks from the earlier of the following dates: | ||
(I) the date by which the request or requests, as the case may be, is or are fully complied with; | ||
(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with, | ||
(iii) where subsection (3) of section 97 applies, 8 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of the said subsection (3), or | ||
(iv) where more than one of the foregoing provisions of this paragraph applies, the period specified in those provisions that expires last. |