Planning and Development Act 2024

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Time limits for determination of appeal by Commission

113. (1) The Commission shall, before the expiration of the relevant period, make a decision under section 109 in relation to an appeal under this Chapter.

(2) Provision may be made by regulations for periods that shall be disregarded for the purposes of reckoning the relevant period.

(3) (a) Where the Commission fails, within the relevant period, to make a decision in relation to an appeal under this Chapter that has neither been withdrawn nor deemed to have been withdrawn, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed 4 weeks, or such longer period as may be agreed to by the applicant, from the date of the expiration of the relevant period),

and

(iii) publish a notice on its internet website of the reasons and period referred to in subparagraph (ii).

(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision on an appeal under this Chapter, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed 2 weeks from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on its internet website of—

(I) the reasons and period referred to in subparagraph (ii), and

(II) the sum paid to the applicant for permission in accordance with subparagraph (iv),

and

(iv) pay to the applicant for permission a sum equal to such proportion of the fees paid to the Commission as may be prescribed.

(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision on an appeal under this Chapter, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed one week from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on its internet website of the reasons and period referred to in subparagraph (ii), and

(iv) notify the Minister and the Office of the Planning Regulator that it has not made the decision within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b).

(d) The Minister may, upon his or her receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to—

(i) conduct a review of the performance by the Commission of its functions under this Act, and

(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review.

(4) Any sum payable under subsection (3) shall be paid not later than 4 weeks after the expiration of the relevant period applicable to the appeal.

(5) Each report under section 522 shall, in relation to the period to which the report relates—

(a) contain a statement of—

(i) the number of appeals (other than LRD appeals) that the Commission has decided under section 109 , and

(ii) the number of such appeals so decided within—

(I) the relevant period,

(II) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (3),

(III) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (3), and

(IV) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (3),

(b) contain a statement of—

(i) the number of LRD appeals that the Commission has decided under section 109 , and

(ii) the number of such appeals so decided within—

(I) the relevant period,

(II) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (3),

(III) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (3), and

(IV) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (3),

(c) contain a statement of—

(i) the number, and the aggregate amount, of all sums (if any) payable, and the number, and the aggregate amount, of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (3), and

(ii) the details of each notification under subsection (3),

and

(d) contain such other information as to the time taken to decide such appeals as the Minister may direct.

(6) The Minister may give a direction to the Commission requiring the Commission to give priority to the making of decisions under section 109 in relation to appeals of such class or classes as is specified in the direction, if he or she considers that, by reason of the strategic, economic or social importance to the State of the class or classes concerned, it is necessary or expedient that decisions under that section in relation to such appeals be made as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development.

(7) In this section “relevant period” means—

(a) in relation to an appeal under this Chapter in respect of which neither an appropriate assessment nor an environmental impact assessment is required under Part 6 —

(i) 18 weeks from the date of the expiration of the period within which a person is required to bring an appeal in accordance with subsection (5) of section 102 ,

(ii) where the Commission makes a request under paragraph (a), (b) or (c) of subsection (1) of section 107 , 6 weeks from the earlier of the following dates:

(I) the date by which the request or requests, as the case may be, is or are fully complied with;

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

or

(iii) where subsection (2) of section 107 applies, 6 weeks from the date of the expiration of the period prescribed under paragraph (a) of that subsection,

(b) in relation to an appeal under this Chapter in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6 —

(i) 26 weeks from—

(I) the date of the expiration of the period within which a person is required to bring an appeal in accordance with subsection (5) of section 102 , or

(II) by which all submissions are required to have been given to the Commission in accordance with this Chapter and Part 6 in relation to the proposed development,

whichever occurs later,

(ii) where the Commission makes a request or more than one request for further information under paragraph (a), (b) or (c) of subsection (1) of section 107 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the appeal, 10 weeks from the earlier of the following dates:

(I) the date by which the request or requests, as the case may be, is or are fully complied with;

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

or

(iii) where subsection (2) of section 107 applies, 10 weeks from the date of the expiration of the period prescribed under paragraph (a) of that subsection,

(c) in relation to an appeal under this Chapter in respect of which an oral hearing is held under subsection (1) of section 107 , 12 weeks from the date of the conclusion of the oral hearing, or

(d) where more than one of the foregoing provisions of this subsection applies, the period specified in those provisions that expires last.