Planning and Development Act 2024
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Time limits for deciding material alteration request where deciding authority is Commission | ||
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147. (1) Where the deciding authority is the Commission, 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 from the date of the material alteration request as the person who made the request may consent to in accordance with subsection (2). | ||
(2) Where, within the relevant period, the person who made the material alteration request gives to the Commission his or her consent in writing to the extension of the relevant period— | ||
(a) the period under subsection (1) for making the decision in relation to the material alteration request shall be extended for the period consented to by the person, and | ||
(b) the Commission shall publish a notice on its website stating the period as extended and the reasons for the extension of the period. | ||
(3) The Minister may prescribe periods that are to be disregarded in reckoning any period for the purpose of subsection (1). | ||
(4) (a) Where the Commission fails to make a decision under subsection (1) of section 143 on a material alteration request within the relevant period, or such longer period as is consented to under subsection (2), it shall— | ||
(i) determine the material alteration request notwithstanding that the period has expired, | ||
(ii) notify the person who made the material alteration request of— | ||
(I) the reasons why it has not made a decision within that period, | ||
(II) the period within which it shall make that decision (which shall not exceed 6 weeks from the date of the expiration of the relevant period, or such longer period as may be consented to under subsection (2)), | ||
and | ||
(iii) publish a notice on its website of the reasons and period referred to in subparagraph (ii). | ||
(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision under subsection (1) of section 143 , it shall— | ||
(i) make the decision notwithstanding that the period has expired, | ||
(ii) notify the person who made the material alteration request of— | ||
(I) the reasons why it has not made a decision within that period, and | ||
(II) the period within which it shall make that decision (which shall not exceed 6 weeks from the date of the expiration of the period first mentioned in this paragraph), | ||
and | ||
(iii) publish a notice on its website of— | ||
(I) the reasons and period referred to in subparagraph (ii), and | ||
(II) the sum paid to the person who made the material alteration request in accordance with subparagraph (iv), | ||
and | ||
(iv) pay to the person who made the material alteration request a sum equal to such proportion of the fees paid to the Commission as may be prescribed. | ||
(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision under subsection (1) of section 143 , it shall— | ||
(i) make the decision notwithstanding that the period has expired, | ||
(ii) notify the person who made the material alteration request of— | ||
(I) the reasons why it has not made a decision within that period, and | ||
(II) the period within which it shall make that decision (which shall not exceed one week from the expiration of the period first mentioned in this paragraph), | ||
(iii) publish a notice on its website of the reasons and period referred to in subparagraph (ii), and | ||
(iv) notify the Minister and the Office of the Planning Regulator that it has not made the decision within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b). | ||
(d) The Minister may, upon his or her receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to— | ||
(i) conduct a review of the performance by the Commission of its functions under this Act, and | ||
(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review. | ||
(5) A sum payable under subparagraph (iv) of paragraph (b) of subsection (4) shall be paid not later than 4 weeks after the expiration of the period for the making of the decision on the material alteration request referred to in clause (II) of subparagraph (ii) of paragraph (a) of that subsection. | ||
(6) A failure by the Commission 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 Commission under that subsection. | ||
(7) Where the Minister considers it necessary or expedient that decisions under subsection (1) of section 143 , in relation to material alteration requests of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of their being of special strategic, economic or social importance to the State, he or she may give a direction to the Commission to give priority to the making of such decisions, and the Commission shall comply with any such direction. | ||
(8) Each annual report under section 522 shall contain a statement of— | ||
(a) the number of material alteration requests decided under subsection (1) of section 143 , | ||
(b) the number of material alteration requests decided within— | ||
(i) the relevant period, | ||
(ii) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (4), | ||
(iii) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (4), and | ||
(iv) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (4), | ||
during the period to which the report relates, | ||
(c) the number and the aggregate amount of all sums (if any) payable, and the number and the aggregate amount of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (4), | ||
(d) the number of notifications under subsection (4), and | ||
(e) such other information as to the time taken to determine material alteration requests under this Chapter as the Minister may direct. | ||
(9) In this section “relevant period”, in relation to a material alteration request, means— | ||
(a) in a case— | ||
(i) where submissions are required to be given to the Commission in accordance with this Chapter or Part 6 in relation to the proposed development, 18 weeks from the date by which all such submissions are required to be given, | ||
(ii) where the Commission makes a request or more than one request for further information, documents or submissions under subsection (2) of section 145 , paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the material alteration request, 6 weeks from the earlier of the following dates— | ||
(I) the date by which the request or requests under section 145 , 217 or 235 , as the case may be, is or are fully complied with, or | ||
(II) the date by which the request or requests under section 145 , 217 or 235 , as the case may be, is or are required to be fully complied with, | ||
(iii) where subsection (5) of section 145 applies, 6 weeks from the date of the expiration of the period prescribed under subparagraph (ii) of paragraph (b) of subsection (5) of section 145 , or | ||
(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last, | ||
or | ||
(b) in relation to a material alteration request in respect of which an oral hearing is held under paragraph (g) of subsection (2) of section 145 , and notwithstanding paragraph (a), 12 weeks from the date of the conclusion of the oral hearing. |