Planning and Development Act 2024
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Decision of Commission in relation to development in contravention of certain plans | ||
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110. (1) Where an appeal under this Chapter relates to development, or proposed development— | ||
(a) situated or proposed to be situated wholly or partly on land, and | ||
(b) that materially contravenes, or would materially contravene, the development plan for the functional area of the planning authority concerned, | ||
the Commission shall, subject to subsections (3) and (5) refuse permission for the development or proposed development under section 109 . | ||
(2) Where an appeal under this Chapter relates to development, or proposed development situated or proposed to be situated wholly or partly in the maritime area materially contravenes, or would materially contravene, the National Marine Planning Framework, the Commission shall, subject to subsections (4) and (5) refuse permission under section 109 . | ||
(3) The Commission may grant permission under section 109 for development or proposed development to which subsection (1) applies if it is satisfied that— | ||
(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government, | ||
(b) the development plan contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development concerned, or | ||
(c) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies. | ||
(4) The Commission may grant permission under section 109 for development or proposed development to which subsection (2) applies if it is satisfied that— | ||
(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or | ||
(b) the National Marine Planning Framework contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development. | ||
(5) (a) Subject to paragraph (b), the Commission shall give public notice of an appeal to which this section applies and submissions may be made in respect of the material contravention in such form and manner, and within such period, as may be prescribed. | ||
(b) The Commission shall not be required to give public notice of an appeal to which this section applies if— | ||
(i) the material contravention concerned is one that was the subject of a motion for a material contravention resolution within the meaning of section 99 , and | ||
(ii) the planning authority complied with subsection (3) of that section in relation to the motion. | ||
(c) The Commission shall— | ||
(i) by notice in writing to each person who makes a submission in relation to an appeal to which this section applies, confirm receipt of that submission, and | ||
(ii) have regard to— | ||
(I) each such submission, and | ||
(II) all submissions referred to in subsection (6), | ||
before making a decision in relation to the appeal. | ||
(d) The Commission shall not grant permission for development to which this section applies where it has not complied with this subsection. | ||
(6) A planning authority whose decision is the subject of an appeal to which this section applies shall, after having complied with subsection (3) of section 99 in relation to the application for permission concerned, provide the Commission with copies of all submissions made to it in respect of the application. |