Planning and Development Act 2024
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Material contravention of development plan or National Marine Planning Framework | ||
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148. (1) Subject to subsections (2) and (12), a deciding authority shall refuse to alter or extend a permission under section 142 or 143 where— | ||
(a) the development or proposed development is, or is proposed to be, situated wholly or partly on land and the development or proposed development to which the permission altered or extended would relate, would materially contravene the development plan for the functional area in which the development is, or is proposed to be, situated, or | ||
(b) the development or proposed development is, or is proposed to be, situated wholly or partly in the maritime area and the development or proposed development to which the permission altered or extended would relate would materially contravene the National Marine Planning Framework. | ||
(2) A planning authority may decide to make an alteration of a permission or grant an extension of the duration of a permission to which subsection (1) applies by resolution (in this section referred to as a “material contravention resolution”), following a proposal of the chief executive of the planning authority, in accordance with subsections (3) to (11). | ||
(3) A material contravention resolution may be passed by the planning authority if— | ||
(a) it considers that the alteration or extension is necessary or justified having regard— | ||
(i) in the case of development or proposed development referred to in paragraph (a) or (b) of subsection (1), to proper planning and sustainable development, or | ||
(ii) in the case of development or proposed development referred to in paragraph (b) of subsection (1), to the objectives of maritime spatial planning, | ||
and | ||
(b) in the case of development or proposed development referred to in paragraph (a) of subsection (1), the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies. | ||
(4) A planning authority shall give notice, in such form and manner as may be prescribed, to the public and to such persons as may be prescribed of any motion for a material contravention resolution, and submissions may be made in respect of such motion in such form and manner, and within such period, as may be prescribed. | ||
(5) A resolution passed without prior compliance with subsection (4) shall be invalid. | ||
(6) Where a submission is received by the planning authority within the period prescribed for the purposes of subsection (4), the planning authority shall acknowledge that submission in writing and the chief executive shall have regard to that submission when preparing his or her report in accordance with subsection (8). | ||
(7) Where a submission is received by the planning authority after the expiration of the period prescribed for the purposes of subsection (4), the planning authority shall return that submission to the person who made it and notify the person that the submission cannot be considered by the planning authority. | ||
(8) The chief executive shall, within such period as may be prescribed, prepare and submit to the members of the planning authority, a report— | ||
(a) stating the main reasons and considerations on which the motion to make the alteration or grant the extension in material contravention of the development plan or National Marine Planning Framework, as the case may be, is based, including the main reasons for considering that making the alteration or granting the extension may be necessary or justified having regard to the proper planning and sustainable development of the area, or the objectives of maritime spatial planning, as appropriate, | ||
(b) summarising the issues raised in any submissions validly received, and | ||
(c) advising the members of his or her opinion regarding the compliance, or otherwise, of the development or proposed development with National Planning Statements or any relevant policies or objectives of the Government or Minister of the Government or with any regional spatial and economic strategy, | ||
and that report shall be considered by the members before a material contravention resolution is passed. | ||
(9) A material contravention resolution shall record that the members are satisfied that the development or proposed development is necessary or justified having regard to the proper planning and sustainable development of the area and, where the proposed development is or includes maritime development, objectives of maritime spatial planning. | ||
(10) It shall be necessary for the passing of a material contravention resolution that the number of the members of the planning authority voting in favour of the resolution is not less than three-quarters of the total number of the members of the planning authority or where the number so obtained is not a whole number, the whole number next below the number so obtained shall be sufficient, and the requirement of this subsection is in addition to and not in substitution for any other requirement applying in relation to such a resolution. | ||
(11) Where a material contravention resolution has been passed by a planning authority, the planning authority shall— | ||
(a) send a copy of the notice under subsection (4) that relates to the resolution to the regional assembly for the area and the Office of the Planning Regulator, | ||
(b) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed, and | ||
(c) enter particulars of the material contravention resolution in the register. | ||
(12) The Commission may decide to make an alteration of a permission or grant an extension of the duration of a permission— | ||
(a) to which paragraph (a) of subsection (1) applies, where it is satisfied that— | ||
(i) the development or proposed development is of strategic or national importance having regard to the policy of the Government, | ||
(ii) the development plan contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development concerned, or | ||
(iii) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies, | ||
and | ||
(b) to which paragraph (b) of subsection (1) applies, where it is satisfied that— | ||
(i) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or | ||
(ii) the National Marine Planning Framework contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development. |