Planning and Development Act 2024
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Decision on application for permission for development in material contravention of certain plans | ||
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124. (1) (a) Where an application for permission is made under this Chapter for development or proposed development that— | ||
(i) is situated or proposed to be situated wholly or partly on land, and | ||
(ii) materially contravenes, or would materially contravene, the development plan for the functional area of any planning authority, | ||
the Commission shall, subject to subsection (2), refuse to grant permission under section 123 . | ||
(b) Where an application for permission is made under this Chapter for development or proposed development that— | ||
(i) is situated or proposed to be situated wholly or partly in the maritime area, and | ||
(ii) that materially contravenes, or would materially contravene, the National Marine Planning Framework or maritime spatial plan, | ||
the Commission shall, subject to subsection (3), refuse to grant permission under section 123 . | ||
(2) The Commission may grant permission for development referred to in paragraph (a) of subsection (1), if it is satisfied that— | ||
(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government, | ||
(b) the development plan contains objectives that conflict with one another or that are ambiguous with regard to their application to the development or proposed development, or | ||
(c) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Statement or the relevant regional spatial and economic strategy as deal with the matter dealt with by provisions of the development plan to which the material contravention concerned applies. | ||
(3) The Commission may grant permission for development referred to in paragraph (b) of subsection (1), if it is satisfied that— | ||
(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or | ||
(b) the National Marine Planning Framework contains objectives that conflict with one another or that are ambiguous with regard to their application to the development or proposed development. |