Planning and Development Act 2024

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Decision of Commission on appeal

109. (1) Where an appeal is brought against a decision of a planning authority and is not withdrawn, dismissed or deemed invalid, the Commission shall make a decision in relation to the application for permission concerned as if the application had been made to the Commission rather than the planning authority, and the decision of the Commission shall operate to annul the decision of the planning authority from the date of the decision of the planning authority.

(2) Subject to this Part and Part 6 , the Commission may, upon an appeal referred to in subsection (1), 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.

(3) The Commission shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (2), 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—

(I) the proposed development, or

(II) the part of the proposed development to which that aspect relates,

or

(ii) such earlier date as may be prescribed.

(4) When granting a permission under subsection (2), the Commission shall comply with subsection (2) of section 87 (where applicable).

(5) In deciding an appeal under this section the Commission may take into account matters that relate to proper planning and sustainable development or maritime spatial planning, other than those raised by the parties or by any person who made submissions to the Commission in relation to the appeal, provided that—

(a) the matters are matters to which, by virtue of this Act, the Commission is permitted to have regard, and

(b) the taking account of such matters is appropriate having regard to the circumstances.

(6) Where the Commission considers that the performance by it of functions under this section in relation to an appeal of a decision of a planning authority under this Chapter 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 appeal, consult with, and have regard to the views expressed by, that other planning authority.

(7) The Commission shall not have power to grant permission, on appeal from a decision of a planning authority in relation to an application made by the appellant, that—

(a) is not substantially the same as the development or proposed development to which that decision relates, or

(b) in the case of an appeal that relates to part only of the development or proposed development to which that decision relates, is not substantially the same as that part.

(8) Particulars of a decision of the Commission under this section shall be entered in the register.