Planning and Development Act 2024
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Procedural powers of Commission in relation to material alteration request | ||
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145. (1) Where the deciding authority is the Commission, any person may, upon payment of such fee as is payable in accordance with section 381 , make a submission in writing to the Commission in relation to a material alteration request, in such manner and within such period as may be prescribed. | ||
(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 , before making a decision on a material alteration request, the Commission may, in such manner and within such period as may be prescribed— | ||
(a) request the person who made the material alteration request to submit further information to the Commission, where in the opinion of the Commission that information is necessary to enable it to make the decision, | ||
(b) request the person who made the material alteration request to submit revised particulars, plans or drawings in relation to the development, where the Commission is considering making the alteration or granting the extension under section 143 subject to the person submitting such revised particulars, plans or drawings, | ||
(c) request that further submissions be made to it, within such period as may be prescribed, by the person who made the material alteration request, any person who made submissions, or any other person who may, in the opinion of the Commission, have information which is relevant to the decision, | ||
(d) where a material alteration request relates to development that consists, or is for the purpose, of an activity for which— | ||
(i) an industrial emissions licence, | ||
(ii) an integrated pollution control licence, | ||
(iii) a waste licence, | ||
(iv) a waste water discharge licence, or | ||
(v) an abstraction licence, | ||
is required, request the Environmental Protection Agency to make submissions in relation to the proposed material alteration, | ||
(e) without prejudice to subsection (5), make any information relating to the material alteration request available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions to be made to it within such period as it may specify, | ||
(f) hold meetings with the person who made the material alteration request or any other person where it appears to the Commission to be necessary or expedient to do so for the purpose of— | ||
(i) making the decision, or | ||
(ii) resolving any issue with the material alteration request or any disagreement between the person who made the material alteration request and any other person, including resolving any issue or disagreement in advance of an oral hearing, | ||
or | ||
(g) hold an oral hearing in accordance with sections 369 and 370 . | ||
(3) Where the Commission holds a meeting in accordance with paragraph (f) of subsection (2), it shall keep a written record of the meeting. | ||
(4) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint a person to hold a meeting referred to in paragraph (f) of subsection (2). | ||
(5) Where the Commission receives submissions, further information, or documents under subsection (1) or (2), or any other provision of this Act or regulations under this Act, that it considers contain or contains additional material information, including information in relation to the impact of the proposed development on the environment, it shall— | ||
(a) make that additional material information available to the public for inspection (to the extent that such information is not already available for inspection by the public) in such manner and within such period as may be prescribed, and | ||
(b) notify the person who made the material alteration request that he or she is required, in such manner and within such period as may be prescribed, to give notice to the public— | ||
(i) that the additional material information is available for inspection and of the place where it may be inspected, and | ||
(ii) that the public are entitled to make submissions on the additional material information, within such period as may be prescribed. | ||
(6) Where a person who made the material alteration request fails to submit the further information referred to in paragraph (a) of subsection (2) within such period as may be prescribed, the Commission may treat the request as having been withdrawn. | ||
(7) Where a person who made the material alteration request fails to submit the revised particulars, plans or drawings referred to in paragraph (b) of subsection (2) or make the further submissions referred to in paragraph (c) of subsection (2) within such period as may be prescribed, the Commission may— | ||
(a) extend that period, where it considers it appropriate to do so, or | ||
(b) decide the material alteration request without further notice to the person who made the material alteration request. | ||
(8) Where a person who made the material alteration request fails to comply with a requirement referred to in paragraph (b) of subsection (5) within such period as may be prescribed, the Commission may— | ||
(a) extend that period, where it considers it appropriate to do so, or | ||
(b) treat the material alteration request as having been withdrawn. |