Planning and Development Act 2024
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Applications for retrospective consent: direction to cease | ||
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132. (1) Where the Commission has received an application for retrospective consent made in accordance with section 120 and is considering that application, it may serve on the applicant a draft direction requiring the applicant to cease, within the period specified in the draft direction, all or part of the applicant’s activity or operations on or at the site of the development the subject of the application, pending the determination of the application. | ||
(2) The applicant may make a submission to the Commission in relation to the draft direction before the end of the period of 2 weeks beginning on the date of receipt of the draft direction as to the reasons why, in the applicant’s opinion, the draft direction should not be confirmed, having regard to the likely significant effects or lack of significant effect on the environment or on European sites should activity or operations continue pending the determination of the application. | ||
(3) The Commission shall consider any submission submitted to it under subsection (2) and may do one of the following: | ||
(a) serve notice on the applicant confirming the draft direction; | ||
(b) give a direction to the applicant varying the draft direction (a “varied direction”); | ||
(c) withdraw the draft direction, | ||
and shall send a copy of the direction as confirmed, or varied direction, to the appropriate planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be. | ||
(4) Particulars of the giving, variation or withdrawal of a direction under this section shall be entered in the register. | ||
(5) A person who fails to comply with— | ||
(a) a direction as confirmed by a notice served on the person, or | ||
(b) a varied direction given to the person, | ||
by the Commission under subsection (3) within the time specified in the direction shall be guilty of an offence. |