Planning and Development Act 2024

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Bringing of appeal to Commission

103. (1) An appeal to the Commission under this Chapter shall be brought in such manner as may be prescribed.

(2) (a) An appeal under this section shall be accompanied by such fee as may be approved in accordance with section 381 .

(b) An appeal under this section—

(i) shall be accompanied by such information and documentation as may be prescribed, and

(ii) may be accompanied by such other documents, particulars or information, relating to the appeal, as the appellant considers necessary or appropriate.

(3) (a) Save as otherwise permitted by this Act, an appellant shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of appeal stated in the appeal or to submit further grounds of appeal and any such elaboration, submissions or further grounds of appeal that is or are received by the Commission shall not be considered by it.

(b) Save as otherwise provided by this Act, the Commission shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information that accompanied the appeal.

(4) (a) Where, in relation to an appeal under this Chapter, there has been a failure to comply with paragraph (b) of subsection (2), the appeal shall be invalid, unless the Commission is satisfied that the lack of such compliance does not materially affect the ability of the Commission to—

(i) determine the appeal, or

(ii) carry out any appropriate assessment or environmental impact assessment in relation to the development or proposed development concerned.

(b) Where the Commission is satisfied, on appeal under this Chapter, that, in relation to the application to which the decision under appeal applies, there was a failure to comply with section 89 or 95, it shall declare the application to be invalid.

(5) Where the Commission determines at any time that the development the subject of the application to which the appeal relates is not standard development, the application shall be invalid and the Commission shall declare it to be invalid.

(6) An application for retention permission shall be invalid and the Commission shall declare it to be invalid where, on appeal under this section in relation to the development to which the application relates—

(a) the Commission makes a determination under section 212 or 214 that the likelihood of the development concerned (either individually or in combination with any plan or other project within the meaning of the Habitats Directive) having significant effects on a European site cannot be excluded, or

(b) the Commission makes a determination under section 229 or 232 that an environmental impact assessment is required.

(7) Where an appeal is brought under this section from a decision of the planning authority in relation to an application for permission for land-based development, the Commission may, before the expiration of such period as may be prescribed, carry out, or cause to be carried out, an inspection of the land on which the development or proposed development is situated or proposed to be situated.

(8) A person shall, before bringing an appeal under this section, comply with such public notice requirements as may be prescribed in relation to the bringing of such an appeal.