Planning and Development Act 2024

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Request for meeting where certain aspects of proposed development not confirmed

118. (1) Where a prospective applicant proposes to make an application for permission for development under this Chapter but not all aspects of the development are likely to be confirmed by the date of the application, he or she may, before making the application, request a meeting with the Commission.

(2) (a) A request under subsection (1) shall—

(i) be in writing,

(ii) include a description of—

(I) the aspects, or aspects falling within a specified category, of the proposed development that are not likely to be confirmed by the time the application is made, and

(II) the circumstances that would justify the making of the application before the confirmation of those aspects,

(iii) include such other information as may be prescribed,

(iv) be accompanied by an undertaking in writing given by the prospective applicant that, in relation to each aspect or category referred to in clause (I) of subparagraph (ii), he or she will include with any such application—

(I) a description of not less than 2 proposed approaches, or

(II) a statement of the range within which each such aspect or category (being an aspect or category in respect of which the prospective applicant has elected not to comply with clause (I)) falls,

and

(v) be accompanied by such fee as may be approved in accordance with section 381 .

(b) Without prejudice to the generality of clause (II) of subparagraph (ii) of paragraph (a), circumstances referred to in that clause may include—

(i) the unavailability, at the time that the prospective applicant intends to make the application, of technology that is likely to become available before the commencement of the part of the proposed development to which the aspect concerned relates, and

(ii) circumstances relating to any particular class of development as may be prescribed.

(3) The Commission may, before a meeting under this section takes place, consult with any person who may, in the opinion of the Commission, have information that is relevant to the subject matter of the meeting, and the Commission shall prepare a record in writing of the consultation and keep that record with the documentation relating to any subsequent application for permission for the proposed development concerned.

(4) The Commission shall, upon receiving a request under subsection (1), convene a meeting with the prospective applicant which shall take place not later than 4 weeks from the date on which the request was received by the Commission.

(5) The following persons shall be permitted to attend a meeting convened under this section:

(a) the Commission;

(b) the prospective applicant;

(c) any person or persons nominated by the prospective applicant for the purpose of advising or representing him or her at the meeting.

(6) The Commission shall ensure that such members of staff of the Commission as attend the meeting have a sufficient knowledge and expertise in relation to the matters to which the meeting relates.

(7) Where a meeting referred to in subsection (4) does not take place within the period specified in that subsection, the Commission shall—

(a) convene such meeting as soon as practicable thereafter, and

(b) provide the prospective applicant with an explanation in writing of the reason for the failure to convene a meeting within that period.

(8) The Commission shall keep—

(a) a request under this section,

(b) all documents included with or accompanying that request in accordance with subsection (2), and

(c) a record in writing of a meeting convened under subsection (4),

with the documentation relating to any subsequent application for permission for the proposed development concerned.

(9) A request, document or record kept in accordance with subsection (8) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the Commission receives an application for permission for the proposed development concerned.

(10) A failure by the Commission to comply with subsection (4) within the time period specified therein shall not invalidate any act done by the Commission in relation to an application or proposed application for permission for Chapter 4 development.