Planning and Development Act 2024
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Making of application to Commission | ||
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120. (1) Prior to making an application for permission for Chapter 4 development, a prospective applicant shall, in addition to complying with subsection (3) of section 234 , comply with such requirements as to public notice as may be prescribed. | ||
(2) Applications for permission for Chapter 4 development shall— | ||
(a) be in such form, and be accompanied by such documents, as may be prescribed, and | ||
(b) shall be accompanied by such fee as may be payable in respect of the application in accordance with section 381 . | ||
(3) On the date on which an application for permission for Chapter 4 development is made, the applicant shall comply with such requirements as to the sending of copies of the application and other associated documents as may be prescribed to such persons or classes of person as may be prescribed. | ||
(4) Within such period as may be prescribed after the receipt of an application under this section by the Commission, the Commission shall, if it is satisfied that the application was made in accordance with this section, by notice in writing to the applicant— | ||
(a) acknowledge receipt of the application, and | ||
(b) confirm the date of receipt of the application. | ||
(5) Subject to subsection (7), an application that is not in accordance with this section shall be invalid. | ||
(6) Following receipt by the Commission of an application for permission for Chapter 4 development that is land-based development, the Commission shall, before the expiration of such period as may be prescribed, cause an inspection to be carried out of the land on which it is proposed to carry out the development concerned. | ||
(7) Where the Commission determines, following the carrying out of an inspection under subsection (6), or at any other time after the acknowledgment of receipt of an application under paragraph (a) of subsection (4), that the application was not made in accordance with this section— | ||
(a) if it is satisfied that the failure to make the application in accordance with this section— | ||
(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the application, and | ||
(ii) has not otherwise materially affected the ability of the Commission to determine the application, or carry out any appropriate assessment or environmental impact assessment in relation to the application, | ||
it shall treat the application as valid, or | ||
(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a) it shall treat the application as invalid and declare it to be so. | ||
(8) Particulars of every application under this section shall be entered in the register. |