Planning and Development Act 2024
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Chapter 5 Alteration, Extension and Revocation of Permission | ||
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Interpretation | ||
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138. (1) In this Chapter— | ||
“deciding authority” means— | ||
(a) in relation to a permission granted by a planning authority under Chapter 3 or under Part III of the Act of 2000, that planning authority, | ||
(b) in relation to a permission granted by the Commission under Chapter 4, the Commission, | ||
(c) in relation to a permission granted by the Commission under section 109 on appeal from a decision of a planning authority under Chapter 3, that planning authority, | ||
(d) in relation to a permission granted by An Bord Pleanála under Part III of the Act of 2000 otherwise than on appeal from a decision of a planning authority, the Commission, | ||
(e) in relation to a permission granted by An Bord Pleanála under Part III of the Act of 2000 on appeal from a decision of a planning authority, that planning authority, and | ||
(f) in relation to a permission granted by An Bord Pleanála under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , the planning authority in whose functional area the development to which the permission relates is situated or proposed to be situated; | ||
“material alteration” means an alteration or extension of the duration of a permission requested under section 140 — | ||
(a) that requires an appropriate assessment, | ||
(b) that requires an environmental impact assessment, | ||
(c) the request for which is accompanied by an environmental impact assessment report or a Natura impact statement, or both, in respect of the alteration or extension, or | ||
(d) subject to subsection (2), that the deciding authority determines under subsection (7) of section 140 constitutes an alteration of the terms or extension of the duration of the permission that is otherwise material; | ||
“material alteration request” has the meaning it has in subsection (1) of section 143 ; | ||
“permission” includes a permission granted under the Act of 2000 or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 but does not include outline permission within the meaning of section 96 ; | ||
“term” includes, in relation to a permission, a condition attaching to that permission. | ||
(2) Without prejudice to the generality of paragraph (d) of the definition of material alteration in subsection (1), the following matters shall not, for the purposes of that paragraph, be determined to constitute an alteration of the terms or extension of the duration of a permission that is otherwise material— | ||
(a) a correction of a clerical error in the permission, | ||
(b) an alteration of the terms of the permission for the purpose of facilitating the doing of a thing pursuant to the permission, where the doing of that thing may reasonably be regarded as having been contemplated by a particular term of the permission, or its terms as a whole, but was not expressly provided for in the permission, or | ||
(c) a clarification of the terms of the permission. |