Planning and Development Act 2024
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Procedural powers of Commission | ||
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122. (1) Any person may, upon payment of such fee as is payable in accordance with section 381 , make a submission in writing to the Commission in relation to an application for permission for Chapter 4 development. | ||
(2) A submission under subsection (1) shall be made in such manner and within such period as may be prescribed. | ||
(3) Without prejudice to paragraph (a) of subsection (2) of section 217 and before determining an application for permission for Chapter 4 development the Commission may, in such manner and within such period as may be prescribed— | ||
(a) request that the applicant submit further information to the Commission, where in the opinion of the Commission that information is necessary to enable it to determine the application, | ||
(b) request that the applicant submit revised particulars, plans or drawings in relation to the development, where the Commission is considering granting permission subject to the applicant complying with that request, | ||
(c) request that further submissions be made to it, within such period as may be prescribed, by the applicant, any person who made submissions, or any other person who may, in the opinion of the Commission, have information which is relevant to the determination of the application, | ||
(d) where the application relates to proposed development which comprises or is for the purposes of an activity for which— | ||
(i) an industrial emissions licence, | ||
(ii) an integrated pollution control licence, | ||
(iii) a waste licence, | ||
(iv) a waste water discharge licence, or | ||
(v) an abstraction licence, | ||
is required, request the Environmental Protection Agency to make submissions in relation to the proposed development, | ||
(e) without prejudice to subsection (6), notify any person or the public that information relating to the application is available for inspection and, if it considers appropriate, invite further submissions to be made to it within such period as it may specify, | ||
(f) hold meetings with the applicant or any other person where it appears to the Commission to be necessary or expedient to do so for the purpose of— | ||
(i) determining the application, or | ||
(ii) resolving any issue with the application or any disagreement between the applicant and any other person, including resolving any issue or disagreement in advance of an oral hearing, | ||
or | ||
(g) hold an oral hearing in accordance with sections 369 and 370 . | ||
(4) Where the Commission holds a meeting in accordance with paragraph (f) of subsection (3), it shall keep a written record of the meeting. | ||
(5) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint a person to hold a meeting referred to in paragraph (f) of subsection (3). | ||
(6) Where the Commission receives— | ||
(a) a submission under subsection (1) or pursuant to a request under paragraph (c) or (d) of subsection (3), | ||
(b) further information or revised particulars, plans or drawings pursuant to a request under subsection (3), or | ||
(c) submissions or further information under any other provision of this Act or regulations under this Act or pursuant to a request under any such provision, | ||
that it considers contain or contains additional material information (including information in relation to the effect of the proposed development on a European site or otherwise on the environment), it shall— | ||
(i) make that additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and | ||
(ii) notify the applicant that the applicant is required to give notice (in such manner and within such period as may be prescribed) to the public— | ||
(I) that the additional material information is available for inspection, | ||
(II) of the address of the place where the additional information may be inspected, and | ||
(III) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed. | ||
(7) (a) Where an applicant for permission fails to comply with a request under paragraph (a) of subsection (3) within such period as may be prescribed, the Commission may treat the application for permission as having been withdrawn. | ||
(b) Where an applicant for permission fails to comply with a request under paragraph (b) or (c) of subsection (3) within such period as may be prescribed, the Commission may— | ||
(i) extend that period, where it considers it appropriate to do so, or | ||
(ii) continue to determine the application without further notice to the applicant. | ||
(c) Where an applicant for permission fails to comply with a requirement referred to in paragraph (b) of subsection (6) within such period as may be prescribed, the Commission may— | ||
(i) extend that period, where it considers it appropriate to do so, or | ||
(ii) treat the application for permission as having been withdrawn. |