Planning and Development Act 2024

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Consultation before request under section 140

139. (1) A person may apply for a consultation with the deciding authority prior to making a request under section 140 .

(2) An application under subsection (1) shall be accompanied by—

(a) sufficient information to allow the deciding authority to carry out its functions under this section,

(b) where the deciding authority—

(i) is a planning authority, such fee as may be prescribed, or

(ii) is the Commission, such fee as may be payable under section 381 ,

and

(c) such documents or information as may be prescribed.

(3) The deciding authority shall enter into the consultation as expeditiously as practicable after the making of an application under subsection (1), unless it is of the opinion that the consultation is unnecessary having regard to the nature and scope of the alteration or extension proposed to be requested under section 140 .

(4) In a consultation the deciding authority may, in addition to consulting with the person who made the application under subsection (1), consult with any person who may in its opinion have information that is relevant for the purposes of the consultation.

(5) In a consultation the deciding authority may do one or more than one of the following:

(a) advise the person who made the application under subsection (1) as to the procedures and requirements under this Act relevant to the making and considering of a request under section 140 ;

(b) in so far as possible, indicate the objectives of the following that may, in the opinion of the deciding authority, have a bearing on its decision:

(i) the development plan, and any applicable urban area plan, priority area plan or coordinated area plan that applies to the land where it is proposed to carry out the proposed development;

(ii) where the request relates to proposed development in the maritime area, the National Marine Planning Framework;

(c) advise the person who made the application under subsection (1) regarding the considerations, related to the following matters, that may, in the opinion of the deciding authority, have a bearing on its decision:

(i) the impact of the proposed development on the environment;

(ii) proper planning and sustainable development;

(iii) where the consultation relates to proposed development in the maritime area or maritime development, maritime spatial planning;

(d) on the request of the person who made the application under subsection (1), provide an opinion to him or her as to the adequacy of the documents intended to be submitted with the request under section 140 .