Planning and Development Act 2024
|
Time limits for deciding material alteration request where deciding authority is planning authority | ||
|
146. (1) Where the deciding authority is a planning authority, it shall make a decision under subsection (1) of section 143 in relation to a material alteration request, before the expiration of— | ||
(a) the relevant period, or | ||
(b) such longer period as the person who made the material alteration request may consent to under subsection (2). | ||
(2) A person who made a material alteration request may, before the expiration of the relevant period, consent in writing to the extension of the period for making a decision in relation to the material alteration request under subsection (1) of section 143 . | ||
(3) Where the planning authority fails to make a decision in relation to a material alteration request under subsection (1) of section 143 within the relevant period or such longer period as the person who made the material alteration request may consent to under subsection (2), it shall notify the person who made the material alteration request of that fact as soon as may be— | ||
(a) stating why it has not been possible to make a decision within that period, | ||
(b) specifying the additional period required by the planning authority to make a decision in relation to the material alteration request (which shall not exceed 4 weeks from the expiration of the relevant period, or such longer period as may be consented to under subsection (2)), and | ||
(c) seeking the consent of the person to an extension of the time within which the planning authority shall make its decision. | ||
(4) If the person who made the material alteration request notifies the planning authority that he or she consents to an extension of time sought in a notice under subsection (3), the planning authority shall make a decision in relation to the material alteration request as soon as may be and before the expiration of the period specified in that notice. | ||
(5) If, within such period as may be prescribed, the person who made the material alteration request notifies the planning authority that he or she does not consent to an extension of time sought in a notice under subsection (3), the material alteration request shall be deemed to be refused, and the person who made that material alteration request may appeal that deemed refusal to the Commission under section 103 as if it were a deemed refusal referred to in subsection (5) of section 101 , and Chapter 3 shall apply for the purposes of that appeal accordingly, subject to the modifications referred to in subsection (7) of section 143 . | ||
(6) If the person who made the material alteration request fails to notify the planning authority, within the period referred to in subsection (5), as to whether or not he or she consents to the extension of time sought in the notice under subsection (3), the person who made the material alteration request shall be deemed to have consented to that extension of time. | ||
(7) Where a material alteration request is deemed to have been refused under subsection (5), the planning authority shall— | ||
(a) where the person who made the material alteration request does not appeal the deemed refusal to the Commission, repay to the person all fees paid to the planning authority by the person in respect of the material alteration request, and | ||
(b) where the person appeals the deemed refusal to the Commission, repay to the person all fees paid to the planning authority by the person in respect of the material alteration request and repay to the person any fees paid to the Commission by the person in respect of the appeal. | ||
(8) (a) Where the person who made the material alteration request consents to an extension of time sought in a notice under subsection (3) and the planning authority fails to make a decision in relation to the material alteration request within the period specified in that notice, it shall— | ||
(i) repay to the person all fees paid to the planning authority by the person in respect of the material alteration request, | ||
(ii) pay to the person the additional sum in not more than 5 instalments, and | ||
(iii) subject to subsection (9), make a decision in relation to the material alteration request as soon as may be thereafter. | ||
(b) In paragraph (a), “additional sum” means the lesser of the following: | ||
(i) such sum as is equal to 3 multiplied by the sum of the fees paid to the planning authority by the person under subparagraph (I) of paragraph (ii) of subsection (3) of section 140 in respect of the material alteration request, and | ||
(ii) €10,000. | ||
(9) Where the person who made the material alteration request consents to an extension of time sought in a notice under subsection (3) and the planning authority fails to make a decision in relation to the material alteration request within the period specified in that notice, the person who made the material alteration request may notify the planning authority in writing that it does not consent to the planning authority making a decision in relation to the material alteration request after the expiration of that period. | ||
(10) Where the planning authority receives a notification under subsection (9)— | ||
(a) the material alteration request shall be deemed to have been refused by the planning authority on the date of the notification, and | ||
(b) the person who made the material alteration request may appeal that deemed refusal to the Commission under section 103 as if it were a deemed refusal referred to in paragraph (b) of subsection (7) of section 101 and Chapter 3 shall apply accordingly to the appeal, subject to the modifications referred to in subsection (7) of section 143 . | ||
(11) Where the person who made the material alteration request brings an appeal under paragraph (b) of subsection (10), the planning authority shall repay to the person any fees paid by the person who made the material alteration request to the Commission in respect of that appeal. | ||
(12) A failure by a planning authority to make a decision under subsection (1) of section 143 within the period or periods provided for under this section shall not invalidate the decision of the planning authority under that subsection. | ||
(13) Provision may be made by regulations for periods that shall be disregarded in reckoning any period for the purpose of subsection (1). | ||
(14) A planning authority shall include in its annual report in accordance with section 221 of the Act of 2001— | ||
(a) the number of material alteration requests decided by it within the relevant period, | ||
(b) the number of material alteration requests made to it but not decided by it within that period, | ||
(c) the number of material alteration requests deemed refused by it pursuant to subsection (5), and the number of payments made by it pursuant to subsection (7) and the aggregate value of all such payments, | ||
(d) the number of payments made by it pursuant to subsection (8) and the aggregate value of all such payments, and | ||
(e) the number of payments made by it pursuant to subsection (11) and the aggregate value of all such payments. | ||
(15) In this section “relevant period”, in relation to a material alteration request, means— | ||
(a) where neither an appropriate assessment nor an environmental impact assessment is required— | ||
(i) 8 weeks from the date of the notice that the request is a material alteration request under paragraph (a) of subsection (9) of section 140 , | ||
(ii) where the planning authority makes one or more than one request under subsection (2) of section 144 , 4 weeks from the earlier of the following dates: | ||
(I) the date by which the request or requests under subsection (2) of section 144 , as the case may be, is or are fully complied with; | ||
(II) the date by which the request or requests under subsection (2) of section 144 , as the case may be, is or are required to be fully complied with, | ||
(iii) where subsection (3) of section 144 applies, 4 weeks from the date of the expiration of the prescribed period referred to in subparagraph (iii) of paragraph (b) of subsection (3) of section 144 , or | ||
(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last, | ||
or | ||
(b) where an appropriate assessment or an environmental impact assessment is required— | ||
(i) 12 weeks from the date by which all submissions are required to have been given to the planning authority in accordance with this Part and Part 6 in relation to the proposed development, or | ||
(ii) where the planning authority makes one or more than one request under subsection (2) of section 144 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the material alteration request, 8 weeks from the earlier of the following dates: | ||
(I) the date by which the request or requests under section 144 , 217 , or 235 , as the case may be, is or are fully complied with; | ||
(II) the date by which the request or requests under section 144 , 217 , or 235 , as the case may be, is or are required to be fully complied with, | ||
(iii) where subsection (3) of section 144 applies, 8 weeks from the date of the expiration of the prescribed period referred to in subparagraph (iii) of paragraph (b) of subsection (3) of section 144 , or | ||
(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last. |