Planning and Development Act 2024

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Pre-application consultation

116. (1) (a) A person (in this Chapter referred to as a “prospective applicant”) who intends, and is eligible, to apply for permission for Chapter 4 State authority emergency development may, prior to the making of an application for such permission, request a consultation with the Commission under this section.

(b) A person (in this Chapter also referred to as a “prospective applicant”) who is of a class prescribed by the Minister may request a consultation with the Commission under this section.

(c) A person (in this Chapter also referred to as a “prospective applicant”) who intends, and is eligible to apply, for permission for Chapter 4 development (other than Chapter 4 State authority emergency development) shall, prior to the making of the application concerned, request a consultation with the Commission under this section.

(2) A request for a consultation under this section shall be accompanied by—

(a) sufficient information to allow the Commission to carry out its functions under this section, and

(b) such documents or information as may be prescribed.

(3) Where a request for a consultation under this section is made by a prospective applicant, and is accompanied by the required documentation and information in accordance with subsection (2), the Commission shall, as expeditiously as is practicable—

(a) subject to subsection (4) of section 115 , notify the appropriate planning authority of the request, and

(b) subject to subsection (6), enter into and carry out consultations under this section.

(4) Subject to paragraph (b) of subsection (6), in any consultation under this section, the Commission—

(a) shall advise the prospective applicant as to the procedures that apply in relation to the consideration of an application for permission under this Chapter, including—

(i) the plans, particulars or other information the Commission will require for the purposes of considering the application,

(ii) the time periods and sequencing that will apply in relation to consideration and determination of the application,

(iii) any other matters in relation to the application process as the Commission considers appropriate, and

(iv) such other matters as may be prescribed,

(b) may advise the prospective applicant regarding—

(i) the considerations that may, in the opinion of the Commission, have a bearing on its decision in relation to any application for permission under this Chapter, related to—

(I) proper planning and sustainable development,

(II) the impact of the development on the environment or any European site,

(III) where the proposed development is or includes land-based development, the relevant objectives of the development plan and any urban area plan, priority area plan or coordinated area plan that are likely to have a bearing on the decision of the Commission, and

(IV) where the proposed development is or includes maritime development, the National Marine Planning Framework and the objectives of maritime spatial planning,

(ii) the need (if any) for the prospective applicant to create an internet website for the purpose of publishing the application and documentation accompanying the application,

(iii) the requirements as to the public notice prescribed under section 120 to be complied with by the prospective applicant prior to making an application under that section, the persons to whom documentation must be furnished and the making of submissions in relation to the application,

(iv) the notification of prescribed bodies,

(v) the fees payable with respect to consultation under this section, and

(vi) such other matters as may be prescribed,

and

(c) may require the prospective applicant to give notice to the public or to carry out consultations with the public in advance of an application under section 120 being submitted, in addition to the public notice to be provided in accordance with subsection (1) of that section, including by the erection or fixing of a site notice on the land or structure to which the proposed development relates in accordance with the requirements of the regulations.

(5) The Commission—

(a) must consult with such persons as may be prescribed, and

(b) may consult with any other person who may, in the opinion of the Commission, have information which is relevant for the purposes of consultations under this section in relation to a proposed development.

(6) Where, on receipt of a request for a consultation under this section, or following consultation under this section, the Commission forms the opinion that the proposed development would not, if carried out, constitute Chapter 4 development—

(a) it shall notify the prospective applicant—

(i) that an application for permission for the proposed development may not be made to the Commission under this Chapter, and

(ii) of the Chapter (if any) of this Part under which an application for permission for the proposed development may be made,

and

(b) it shall not proceed further with any consultations under this section.

(7) Where, following consultations under this section the Commission forms the opinion that the proposed development would, if carried out, constitute Chapter 4 development, it shall notify the prospective applicant that the proposed application should be made to the Commission under this Chapter (in this Part referred to as a “Chapter 4 PAC notification”).

(8) Subject to subsection (4) of section 115 , the Commission shall give a copy of a notice under subsection (6) or (7), as the case may be, to the appropriate planning authority.

(9) The Commission may, at any time, conclude a consultation under this section where it considers it appropriate to do so.

(10) Where a person is served with a notice under paragraph (a) of subsection (4) of section 37B of the Act of 2000 but does not make an application under section 37E of that Act before the repeal of the said section 37E by section 6 , the notice shall be deemed to be a Chapter 4 PAC notification.