Planning and Development Act 2024

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Appeals against conditions

112. (1) Where—

(a) an appeal to the Commission is brought against a decision of a planning authority to grant permission,

(b) the appeal relates only to a condition or conditions attached to the permission, and

(c) the Commission is satisfied, having regard to the nature of the condition or conditions, that the matter could be dealt with by the giving of directions to the planning authority rather than by the substitution of the decision of the Commission for that of the planning authority,

the Commission may give such directions (including directions requiring the replacement, amendment or removal of a condition or conditions to the permission or the attachment of one, or more than one, new condition to the permission), and the planning authority shall comply with such directions.

(2) The Commission may, in the performance of functions under subsection (1), have regard to any matter to which it is permitted to have regard when determining an appeal under section 109 .

(3) A direction under subsection (1) may include a requirement that such party to the appeal as is specified in the direction give such notice of the appeal as the Commission may specify including—

(a) at the place where the development or proposed development concerned is or is proposed to be situated, and

(b) by publication in a newspaper.

(4) (a) Where a condition to which subsection (1) applies is a condition under paragraph (c) of subsection (6) of section 217 , the Commission shall—

(i) have regard to the Natura impact statement prepared under section 215 , and

(ii) only give such direction or directions as, when complied with, would not cause the determination under subsection (6) of section 217 that the development will not adversely affect the integrity of any European site to cease to be accurate.

(b) The Commission shall not give a direction under subsection (1) that, if complied with, would cause the determination under subsection (8) of section 229 , that an environmental impact assessment was not required, to cease to be up to date (within the meaning of the Environmental Impact Assessment Directive).

(c) Where a condition to which subsection (1) applies is a condition under subsection (6) of section 236 , the Commission shall—

(i) have regard to the environmental impact assessment report prepared under section 234 and the reasoned conclusion under section 236 , and

(ii) not give a direction under subsection (1) that, if complied with, would cause the reasoned opinion to cease to be up to date (within the meaning of the Environmental Impact Assessment Directive).