Planning and Development Act 2024
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Opinion with regard to making of application where certain aspects of proposed development not confirmed | ||
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119. (1) The Commission shall, not later than 4 weeks from the date on which the meeting convened under subsection (4) of section 118 takes place, consider the description and information included in the request under that section, the undertaking that accompanied that request and any information provided at the meeting and— | ||
(a) if the Commission is satisfied that it would be appropriate for the application referred to in subsection (1) of that section to be made before the confirmation of all aspects of the proposed development concerned, it shall provide the prospective applicant with an opinion to that effect, or | ||
(b) if the Commission is not so satisfied, it shall notify the prospective applicant thereof in writing. | ||
(2) An opinion under paragraph (a) of subsection (1) shall specify— | ||
(a) the aspects of the proposed development that may be confirmed after the making of the application, | ||
(b) the circumstances relating to the proposed development that justify the making of the application before the confirmation of those aspects, and | ||
(c) that the application shall, in addition to any other requirement imposed by or under this Act, include the description or statement referred to in the undertaking given in accordance with subparagraph (iv) of paragraph (a) of subsection (2) of section 118 . | ||
(3) An opinion under paragraph (a) of subsection (1) shall not be published unless and until an application for permission for the proposed development concerned is made in accordance with this Chapter. | ||
(4) Where the Commission fails to comply with subsection (1) within the period specified therein, the Commission shall— | ||
(a) perform the functions under that subsection as soon as practicable thereafter, and | ||
(b) provide the prospective applicant with an explanation in writing of the reason for the failure. | ||
(5) A failure by the Commission to comply with subsection (1) 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. | ||
(6) An opinion under subsection (2) of section 37CD or subsection (2) of section 287B of the Act of 2000 shall operate as if it were an opinion under paragraph (a) of subsection (1). | ||
(7) A notification under subsection (3) of section 37CD or subsection (3) of section 287B of the Act of 2000 shall operate as if it were a notification under paragraph (b) of subsection (1). |