Planning and Development Act 2024
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Applications for retrospective consent | ||
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129. (1) An application for retrospective consent shall be subject, in addition to the foregoing provisions of this Chapter, to the additional requirements in this section, sections 130 , 131 , 132 and 133 and Chapters 3 and 4 of Part 6 . | ||
(2) Where an application for retrospective consent is made in respect of development that includes development for which permission has been granted, that application may be made in relation to— | ||
(a) that part of the development permitted under the permission which has been carried out at the time of the application, or | ||
(b) subject to subsection (3), that part of the development referred to in paragraph (a) and all or part of the development permitted under the permission which has not yet been carried out at the time of the application. | ||
(3) (a) Where a person applies under this Chapter for retrospective consent for development, that person may also include in the application an application for permission for the following: | ||
(i) other development on the same land or maritime site on which the development that is the subject of the application for retrospective consent is situated; | ||
(ii) other development on land or a maritime site adjoining the land or maritime site on which the development that is the subject of the application for retrospective consent is situated. | ||
(b) Development referred to in subparagraph (i) or (ii) of paragraph (a) is not required to be the same class or description as, the development that is the subject of the application for retrospective consent referred to in that paragraph. | ||
(4) Any environmental impact assessment report (whether submitted with the application or following a screening determination by the Commission under Chapter 4 of Part 6 ) shall be submitted in respect of the entire development, including any part of the development that has not been carried out at the time of the application. | ||
(5) Any Natura impact statement (whether submitted with the application or following a determination by the Commission under section 212 ) shall be submitted in respect of the entire development, including any part of the development that has not been carried out at the time of the making of the application. | ||
(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal— | ||
(a) the said section 37L, | ||
(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and | ||
(c) regulations under section 37P of the Act of 2000, | ||
shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 , continue to apply and have effect for the purpose of that application. | ||
(7) Where an application for substitute consent under section 177E of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision under section 177K in relation to the development to which the application related before such repeal, Part XA shall, notwithstanding that repeal and subject to subsection (12) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 , continue to apply and have effect for the purpose of that application. |