Planning and Development Act 2024
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Procedural powers of Commission on appeal | ||
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107. (1) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before determining an appeal under this Chapter, the Commission may, in such manner and within such period as may be prescribed— | ||
(a) request any party to the appeal or any person who made submissions on the appeal to submit further information to the Commission, | ||
(b) request that the applicant for permission concerned submit revised particulars, plans or drawings in relation to the development, where the Commission is considering granting permission subject to the applicant complying with that request, | ||
(c) request any person to make submissions in relation to any matter that has arisen in relation to the appeal, where in the opinion of the Commission it is appropriate to do so, | ||
(d) require any party to the appeal to give public notice in relation to the appeal as the Commission may specify in accordance with the regulations, or | ||
(e) hold an oral hearing in accordance with section 369 and 370 . | ||
(2) Where the Commission receives— | ||
(a) further information pursuant to a request under paragraph (a) of subsection (1), | ||
(b) revised particulars, plans or drawings pursuant to a request under paragraph (b) of subsection (1), | ||
(c) submissions pursuant to a request under paragraph (c) of subsection (1), or | ||
(d) any other information, documents or submissions under, or pursuant to a request or information under, any other provision of this Act, | ||
that it considers contains or contain additional material information (including information in relation to the effects 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 he or she is required to give notice to the public, in such manner and within such period as may be prescribed— | ||
(I) that the additional material information identified by the Commission 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 on the additional material information within such period as may be prescribed. | ||
(3) (a) Where an appellant fails to comply with a request under paragraph (a) of subsection (1) within such period as may be prescribed then— | ||
(i) if the appellant was the applicant for permission, the appeal shall be deemed to have been withdrawn, or | ||
(ii) if the appellant was not the applicant for permission, the Commission shall proceed to determine the appeal. | ||
(b) Where the planning authority or a person who made submissions in relation to the appeal fails to comply with a request under paragraph (a) of subsection (1) within such period as may be prescribed, the Commission may determine the appeal without further notice to the planning authority or that person. | ||
(c) Where an applicant for permission fails to comply with a request under paragraph (b) of subsection (1) within such period as may be prescribed, the Commission may— | ||
(i) extend that period, where it considers it appropriate to do so, or | ||
(ii) continue to determine the appeal without further notice to the applicant. | ||
(d) Where any person fails to comply with a request under paragraph (c) of subsection (1) within such period as may be prescribed, the Commission may— | ||
(i) extend that period, where it considers it appropriate to do so, or | ||
(ii) continue to determine the appeal without further notice to that person. | ||
(e) Where an applicant for permission fails to comply with a request under paragraph (d) of subsection (1) or paragraph (ii) of subsection (2), or an appellant fails to comply with a request under paragraph (d) of subsection (1), within such period as may be prescribed, the Commission may— | ||
(i) extend that period, where it considers it appropriate to do so, or | ||
(ii) deem the application for permission or appeal, as appropriate, withdrawn. |