Planning and Development Act 2024
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Decision of Commission | ||
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123. (1) Subject to this Part and Part 6, the Commission may, in respect of an application for permission for Chapter 4 development, decide to— | ||
(a) grant the permission, subject to such conditions (if any) as it may decide to attach under section 87 , | ||
(b) grant the permission, subject to— | ||
(i) such modifications to the development or proposed development as it may specify, and | ||
(ii) such conditions (if any) as it may decide to attach under section 87 , | ||
(c) grant permission in respect of part of the development or proposed development, subject to— | ||
(i) such modifications to that part as it may specify, and | ||
(ii) such conditions (if any) as it may decide to attach under section 87 , | ||
or | ||
(d) refuse to grant the permission. | ||
(2) The Commission shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (1), attach the following conditions to a grant of permission for Chapter 4 development where the application for permission concerned is an application to which an opinion under section 119 applies: | ||
(a) a condition requiring that each aspect of the proposed development concerned in respect of which confirmation has not yet been given to the Commission— | ||
(i) be limited to such proposed approaches as were included with the application for permission in accordance with the undertaking referred to in subparagraph (iv) of paragraph (a) of subsection (2) of section 118 , or | ||
(ii) fall within such range specified in the statement included with the application for permission in accordance with the undertaking referred to in the said subparagraph (iv), | ||
and | ||
(b) a condition requiring the applicant for permission to inform the appropriate planning authority in writing of particulars of the aspect of the proposed development concerned (that has not yet been confirmed) before— | ||
(i) the date of the commencement of the part of the proposed development to which that aspect relates, or | ||
(ii) such earlier date as may be prescribed. | ||
(3) When making its decision in relation to an application for permission for Chapter 4 development, the Commission may consider any relevant information before it or any other matter to which, by virtue of this Act, it can have regard. | ||
(4) Where an application for permission for Chapter 4 development relates to proposed development that consists, or is for the purpose, of an activity for which— | ||
(a) an industrial emissions licence, | ||
(b) an integrated pollution control licence, | ||
(c) a waste licence, | ||
(d) a waste water discharge licence, or | ||
(e) an abstraction licence, | ||
is required (whether or not such licence or authorisation has been granted), the Commission may decide to refuse to grant the permission if it is satisfied that the proposed development would not be consistent with objectives of maritime spatial planning or principles of proper planning and sustainable development. | ||
(5) Where an application for permission for Chapter 4 development relates to proposed development that consists, or is for the purposes, of an activity for which— | ||
(a) an industrial emissions licence, | ||
(b) an integrated pollution control licence, | ||
(c) a waste licence, | ||
(d) a waste water discharge licence, or | ||
(e) an abstraction licence, | ||
is required, the Commission may, in respect of that development, decide to refuse to grant the permission where the Commission considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development would be situated. |