Planning and Development Act 2024
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Time limit for decision of Commission | ||
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126. (1) The Commission may, at any time after the latest date specified in any notice or invitation to make submissions with respect to the application under any provision of this Act or the regulations, make a decision under section 123 on the application. | ||
(2) The Commission shall make a decision under section 123 in relation to an application for permission for Chapter 4 development before the expiration of— | ||
(a) the relevant period, or | ||
(b) such longer period from the date of the application as the applicant may consent to in accordance with subsection (3). | ||
(3) Where, prior to the making of an application for permission for Chapter 4 development, or within the relevant period, the applicant gives to the Commission the applicant’s consent in writing to the extension of the relevant period— | ||
(a) the period for making a decision under section 123 in relation to the application shall be extended for the period consented to by the applicant, and | ||
(b) the Commission shall publish a notice on its website stating the period as extended and the reasons for the extension of the period. | ||
(4) Provision may be made by regulations for time periods that are to be disregarded in reckoning any period of time for the purpose of subsection (2). | ||
(5) (a) Where the Commission fails to make a decision under section 123 in relation to an application for permission for Chapter 4 development within the relevant period, or such further period as is consented to under subsection (3), it shall— | ||
(i) determine the application notwithstanding that the period has expired, | ||
(ii) notify the applicant of— | ||
(I) the reasons why it has not made a decision within that period, | ||
(II) the period within which it will make a decision (which shall not exceed 6 weeks, or such longer period as the applicant may consent to in accordance with subsection (3), from the date of the expiration of the relevant period), | ||
and | ||
(iii) publish a notice on an internet website maintained by or on behalf of the Commission of the reasons and period referred to in subparagraph (ii). | ||
(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision in relation to an application for permission for Chapter 4 development, it shall— | ||
(i) determine the application notwithstanding that the period has expired, | ||
(ii) notify the applicant of— | ||
(I) the reasons why it has not made a decision within that period, and | ||
(II) the period within which it will make that decision (which shall not exceed 6 weeks from the date of the expiration of the period first mentioned in this paragraph), | ||
(iii) publish a notice on an internet website maintained by or on behalf of the Commission of— | ||
(I) the reasons and period referred to in subparagraph (ii), and | ||
(II) the sum paid to the applicant in accordance with subparagraph (iv), | ||
and | ||
(iv) pay to the applicant a sum equal to such proportion of the fees paid to the Commission as may be prescribed. | ||
(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision on an application for permission for Chapter 4 development, it shall— | ||
(i) determine the application notwithstanding that the period has expired, | ||
(ii) notify the applicant of— | ||
(I) the reasons why it has not made a decision within that period, and | ||
(II) the period within which it will make that decision (which shall not exceed one week from the date of the expiration of the period first mentioned in this paragraph), | ||
(iii) publish a notice on an internet website maintained by or on behalf of the Commission of the reasons and period referred to in subparagraph (ii), and | ||
(iv) notify the Minister and the Office of the Planning Regulator that it has not made the decision within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b). | ||
(d) The Minister may, upon receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to— | ||
(i) conduct a review of the performance by the Commission of its functions under this Act, and | ||
(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review. | ||
(6) Any sum payable under this section shall be paid not later than 4 weeks after the expiration of the relevant period applicable to the application. | ||
(7) A failure by the Commission, in making a decision under section 123 in relation to an application, to comply with a time period specified in this section shall not invalidate the decision. | ||
(8) Where the Minister considers it necessary or expedient that decisions under section 123 , in relation to applications of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of their being of special strategic, economic or social importance to the State, he or she may give a direction to the Commission to give priority to the making of such decisions, and the Commission shall comply with any such direction. | ||
(9) Each report made under section 522 shall— | ||
(a) contain a statement of— | ||
(i) the number of applications for permission for Chapter 4 development in relation to which the Commission has made a decision under section 123 , and | ||
(ii) the number of those decisions which were made within— | ||
(I) the relevant period, | ||
(II) the period between the end of the relevant period and the end of any extended period under subsection (3), | ||
(III) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (5), | ||
(IV) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (5), | ||
(V) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (5), | ||
during the period to which the report relates, | ||
(b) contain a statement of— | ||
(i) the number and the aggregate amount of all sums (if any) payable, and the number and the aggregate amount of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (5), and | ||
(ii) the number of notifications under subsection (5), | ||
and | ||
(c) such other information as to the time within which decisions are made by the Commission under section 123 as the Minister may direct. | ||
(10) In this section “relevant period” means— | ||
(a) in relation to an application for permission for Chapter 4 local authority development or Chapter 4 state authority development— | ||
(i) 26 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6 , | ||
(ii) where the Commission makes a request or more than one request for further information under subsection (3) of section 122 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 12 weeks from the earlier of the following dates— | ||
(I) the date by which the request or requests, as the case may be, is or are fully complied with, | ||
(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with, | ||
(iii) where subsection (6) of section 122 applies, 12 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection, or | ||
(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last, | ||
(b) in relation to an application for permission for Chapter 4 maritime development situated in the nearshore areas of more than one coastal planning authority— | ||
(i) 18 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6, | ||
(ii) where the Commission makes a request or more than one request for further information under subsection (3) of section 122 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 6 weeks from the earlier of the following dates— | ||
(I) the date by which the request or requests, as the case may be, is or are fully complied with, | ||
(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with, | ||
(iii) where the Commission makes one or more than one such request and subsection (6) of section 122 applies to the request or requests concerned, 6 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection in relation to the request or requests concerned, or | ||
(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last, | ||
(c) in relation to an application for permission for any other Chapter 4 development— | ||
(i) 48 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6 , | ||
(ii) where the Commission makes a request or more than one request for further information under subsection (3) of section 122 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 20 weeks from the earlier of the following dates— | ||
(I) the date by which the request or requests, as the case may be, is or are fully complied with, | ||
(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with, | ||
or | ||
(iii) where subsection (6) of section 122 applies, 12 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection, | ||
(d) in relation to an application under this Chapter in respect of which an oral hearing is held under subsection (3) of section 122 , 12 weeks from the date of the conclusion of the oral hearing, or | ||
(e) where more than one of the foregoing provisions of this subsection applies, the period specified in those provisions that expires last. |