Planning and Development Act 2024

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Notification of decision in relation to appeal under this Chapter

111. (1) The Commission shall give notice of its decision under section 109 in accordance with this section and in such form and manner as may be prescribed.

(2) A notice under subsection (1) shall—

(a) state the main reasons and considerations on which the decision to which the notice relates is based,

(b) where conditions are imposed in relation to the grant of any permission, state the main reasons for the imposition of any such conditions,

(c) where permission is granted under section 109 in accordance with subsection (3) or (4) of section 110 state—

(i) the main reasons for the decision to grant such permission in accordance with section 110 , and

(ii) the matters taken into consideration in making the decision in accordance with section 110 ,

and

(d) where the Commission grants permission upon an application that was accompanied by an environmental impact assessment report—

(i) state that the Commission is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made, and

(ii) include a summary of—

(I) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(II) the information collected for the purposes of the environmental impact assessment,

(III) submissions (if any) received from a Transboundary Convention state, and

(IV) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision.

(3) Where a decision by the Commission under section 109 does not follow a recommendation in a report of an inspector appointed to prepare a report for the purposes of the appeal, the statement under paragraph (a) of subsection (2) shall specify the main reasons for not following the recommendation.

(4) Where the Commission grants permission under section 109 in circumstances to which section 110 applies, it shall notify the planning authority concerned thereof and the planning authority shall enter details thereof in the register.

(5) The Commission shall, when giving notice of a decision under this section—

(a) publish (if it has not already done so) its determination in relation to any appropriate assessment carried out in relation to the development or proposed development to which the decision applies,

(b) comply (if it has not already done so) with—

(i) subsection (13) of section 219 , where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies, or

(ii) paragraph (b) of subsection (8), and subsection (16), of section 221 , where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies,

and

(c) comply (if it has not already done so) with subsection (8) of section 236 , where an environmental impact assessment was carried out in relation to the development or proposed development to which the decision applies.