Planning and Development Act 2024
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Notification of decisions of Commission under Chapter | ||
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125. (1) The Commission shall give notice of its decision under section 123 in such form and manner as may be prescribed. | ||
(2) (a) A decision made under section 123 and the notice of the decision under this section shall— | ||
(i) state the main reasons for the decision and the main considerations on which the decision is based, | ||
(ii) where conditions are attached to the grant of any permission, state the main reasons for the attachment of any such conditions, | ||
(iii) where the Commission decides to grant a permission in accordance with subsection (2) or (3) of section 124 , state the main reasons for deciding to grant permission for development that materially contravenes the development plan or, as the case may be, the National Marine Planning Framework and the main considerations on which the decision is based, | ||
(iv) where the Commission decides to grant permission in respect of an application for permission that was accompanied by an environmental impact assessment report— | ||
(I) state that the Commission is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made, and | ||
(II) include a summary of— | ||
(A) the outcome of any consultations that took place for the purposes of the environmental impact assessment, | ||
(B) the information collected for the purposes of the environmental impact assessment, | ||
(C) submissions (if any) received from a state party to the Transboundary Convention, and | ||
(D) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision, | ||
and | ||
(v) specify any sum required to be paid by the applicant for permission under section 127 . | ||
(b) Where a decision made under section 123 does not follow any recommendation in a report of an inspector assigned to report on the application concerned, the notice under paragraph (a) shall state the main reasons for not following the recommendation in the report. | ||
(3) The requirements of this section are without prejudice to any notification requirements under Part 6 . | ||
(4) A grant of permission shall be made as soon as may be after the making of the relevant decision under section 123 . | ||
(5) Particulars of the decision of the Commission under section 123 shall be entered in the register. | ||
(6) Where the requirements of subsection (2) or (3) of section 124 in regard to the material contravention of a development plan have been complied with, the Commission shall notify the appropriate planning authority of that fact and a statement of that fact shall be entered in the register. | ||
(7) The Commission shall, when giving notice of a decision under this section— | ||
(a) publish (if it has not already done so) its determination in relation to any appropriate assessment carried out in relation to the development or proposed development to which the decision applies, | ||
(b) comply (if it has not already done so) with subsection (13) of section 219 where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies, | ||
(c) comply (if it has not already done so) with paragraph (b) of subsection (8), and subsection (16), of section 221 , where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies, and | ||
(d) comply (if it has not already done so) with subsection (8) of section 236 where an environmental impact assessment was carried out in relation to the development or proposed development to which the decision applies. |