Planning and Development Act 2024
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Persons eligible to appeal decision of planning authority | ||
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102. (1) Subject to subsections (5) and (6), the following persons may, on payment of such fee as may be approved in accordance with section 381 , appeal the decision of a planning authority under section 98 to the Commission: | ||
(a) the applicant for the permission the subject of the decision; and | ||
(b) any person (other than a prescribed body referred to in paragraph (a) of subsection (2) or a person referred to in paragraph (b) of that subsection) who made submissions in writing in relation to the planning application in accordance with any provision of this Act or regulations under this Act. | ||
(2) Subject to subsections (3) and (5), the following persons shall be eligible to appeal the decision of a planning authority under section 98 to the Commission: | ||
(a) a prescribed body that was entitled to be given notice of any planning application in accordance with regulations under this Act but was not given such notice; and | ||
(b) in the case of a decision of a planning authority that relates to a development in respect of which an appropriate assessment or an environmental impact assessment was required to be submitted to the planning authority in accordance with Part 6 , a company within the meaning of the Companies Act 2014 — | ||
(i) formed and registered not later than one year before the bringing of the appeal, | ||
(ii) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the appeal, | ||
(iii) that has pursued those objects for a period of not less than one year before the bringing of the appeal, | ||
(iv) that has not fewer than 10 members at the time of the bringing of the appeal, and | ||
(v) that has passed a resolution, in accordance with the constitution of the company, before the bringing of the appeal authorising the company to bring the appeal. | ||
(3) The Commission shall dismiss an appeal brought by a person who is not eligible to bring an appeal in accordance with subsection (2), and where it dismisses such appeal it shall notify the person in writing of the dismissal. | ||
(4) (a) Subject to subsection (6), a person who has an interest in land adjoining land in respect of which a decision to grant permission has been made may, on payment of the appropriate fee, apply to the Commission for leave to appeal against a decision of the planning authority under section 98 . | ||
(b) An application under paragraph (a) shall state— | ||
(i) the name and address of the person making the application, the grounds upon which the application is made, and | ||
(ii) a description of the person’s interest in the land. | ||
(c) The Commission shall, by notice given not later than one week from the receipt of an application under paragraph (a), require the planning authority concerned to submit to the Commission copies of such materials as may be prescribed, and the planning authority shall comply with such requirement within one week from the date of receiving the notice. | ||
(d) The Commission shall grant leave to appeal the decision of the planning authority under section 98 only where an applicant under this subsection shows that— | ||
(i) the development or proposed development in respect of which a decision to grant permission has been made differs or will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority to which the grant is subject, and | ||
(ii) the imposition of such conditions will materially affect the applicant’s enjoyment of the land or reduce the value of the land. | ||
(e) A decision to grant or refuse leave to appeal under this subsection shall be made within 4 weeks from the receipt of the application. | ||
(f) The Commission shall notify the applicant and the planning authority of a decision to grant or refuse an application under this subsection within 3 days from the date the decision under paragraph (e) is made by the Commission. | ||
(5) (a) An appeal under subsection (1) or (2), or an application for leave to appeal under subsection (4), must be made within the period of 4 weeks from the date of the decision of the planning authority. | ||
(b) Where leave to appeal is granted under subsection (4), the appellant shall bring the appeal within 2 weeks from the receipt of the notification under paragraph (f). | ||
(c) An appeal or an application for leave to appeal received by the Commission after the expiration of the period specified in paragraph (a) or (b) shall be invalid. | ||
(6) A person who appeals a decision of a planning authority under section 98 to the Commission and who claims to be eligible to bring that appeal by virtue of paragraph (b) of subsection (2) shall include with the notice of appeal a statutory declaration under the Statutory Declarations Act 1938 that it is a company within the meaning of the Companies Act 2014 — | ||
(a) formed and registered not later than one year before the bringing of the appeal, | ||
(b) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the appeal, | ||
(c) that has pursued those objects for a period of not less than one year before the bringing of the appeal, | ||
(d) that has not less than 10 members at the time of the bringing of the appeal, and | ||
(e) that has passed a resolution, in accordance with the constitution of the company, before the bringing of the appeal authorising the company to bring the appeal. |