Planning and Development Act 2024
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General | ||
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115. (1) The Minister may for the purposes of this Part prescribe— | ||
(a) exceptions from any of the classes of development referred to in paragraph (b) of the definition of “Chapter 4 development” in section 82 , or | ||
(b) limitations, in respect of any of those classes of development, on the extent to which development constitutes Chapter 4 development. | ||
(2) Where this Chapter applies to part only of a development, an application for permission for the entire development shall be made to the Commission under this Chapter. | ||
(3) Where a statutory undertaker proposes to carry out works for the maintenance or improvement of existing infrastructure, being works which would constitute Chapter 4 development, the statutory undertaker may, instead of applying under this Chapter for permission for the works, apply for permission under Chapter 3, and where such an application is made, the works are to be treated for the purposes of this Part as if they did not constitute Chapter 4 development but instead constituted standard development. | ||
(4) Any obligation under this Chapter— | ||
(a) on an applicant for permission, a prospective applicant or the Commission, to provide notice to the appropriate planning authority, or | ||
(b) on the appropriate planning authority, to provide any report or other information to the Commission, | ||
shall not apply in either of the cases mentioned in subsection (5). | ||
(5) Those cases are where— | ||
(a) the applicant for permission is a local authority or two or more local authorities acting jointly and the permission sought relates to proposed development within the functional area of that local authority or any of those local authorities, or | ||
(b) the application for permission relates to proposed development that is wholly in the outer maritime area and the maritime site does not adjoin the nearshore area of any planning authority. |