Planning and Development Act 2024
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Confirmation by local authority | ||
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159. (1) The chief executive of a local authority shall, before the making of a decision by the local authority under subsection (3) in relation to proposed local authority development that is development subject to confirmation— | ||
(a) prepare a report in writing in relation to the proposed development in accordance with this section, and | ||
(b) submit the report to the members of the local authority not later than— | ||
(i) 8 weeks from the expiration of such period as may be prescribed under subsection (5) of section 158 for the making of submissions, or | ||
(ii) the expiration of such period as may be specified in regulations under subsection (15) of section 230 where those regulations apply to the proposed development. | ||
(2) A report prepared in accordance with subsection (1) shall— | ||
(a) describe the nature and extent of the proposed development and the principal features thereof, | ||
(b) include a plan of the development and a map of such of the area surrounding the proposed development as the chief executive considers appropriate, | ||
(c) recommend the attachment of such conditions to the carrying out of the proposed development as the chief executive considers appropriate, | ||
(d) include an evaluation of whether or not the proposed development would be consistent with— | ||
(i) in the case of land-based development, the proper planning and sustainable development of the area to which the development relates, having regard to the provisions of the development plan, or | ||
(ii) in the case of maritime development, the objectives of maritime spatial planning relevant to the area to which the development relates, having regard to the provisions of the National Marine Planning Framework, | ||
and give the reasons and the considerations for the evaluation, | ||
(e) include copies of— | ||
(i) any determination under section 212 as to whether or not an appropriate assessment is required, and | ||
(ii) any determination in accordance with section 229 as to whether or not an environmental impact assessment is required, | ||
(f) list the persons who made submissions with respect to the proposed development under subsection (4) of section 158 , | ||
(g) include— | ||
(i) in the case of land-based development, a summary of the issues raised by any such submissions with respect to the proper planning and sustainable development of the area in which it is proposed to carry out the proposed development, or | ||
(ii) in the case of maritime development, having regard to the National Marine Planning Framework, a summary of the issues raised by any such submissions with respect to the objectives of maritime spatial planning applicable to the part of the maritime area in which it is proposed to carry out the development, | ||
and observations of the chief executive to those submissions, and | ||
(h) include— | ||
(i) a recommendation as to whether or not the proposed development should be carried out as proposed, and | ||
(ii) in the case of a recommendation that the proposed development should be carried out, any modification to the proposed development recommended by the chief executive. | ||
(3) The members of a local authority shall, not later than 6 weeks from the submission of the report under subsection (1), consider the report, and, by resolution, decide that— | ||
(a) the proposed development be carried out in accordance with recommendations (if any) set out in the report under subsection (1), | ||
(b) the proposed development be carried out subject to such modifications (other than, or in addition to, any modifications specified in the report under subsection (1)) as are specified in the resolution, or | ||
(c) the proposed development not be carried out. | ||
(4) If the members of the local authority fail to pass a resolution under subsection (3) within the period specified in that subsection, the members of the local authority shall, upon the expiration of that period, be deemed to have passed a resolution referred to in paragraph (a) of that subsection. | ||
(5) Local authority development that is development subject to confirmation shall not be carried out— | ||
(a) before the passing of a resolution under subsection (3), or the deemed passing of such a resolution pursuant to subsection (4), in relation to the development, or | ||
(b) in a manner that contravenes the terms of a resolution to which paragraph (a) or (b) of subsection (3) applies. | ||
(6) (a) A local authority shall, as soon as may be after the passing of a resolution under subsection (3) (or in circumstances to which subsection (4) applies, the expiration of the period referred to in that subsection)— | ||
(i) notify the Minister and each person to whom a copy of the notice under subsection (1) of section 158 in relation to the proposed development concerned was given in accordance with subsection (2) of section 158 , | ||
(ii) subject to paragraph (b), notify each person who made a submission in respect of the proposed development in accordance with subsection (4) of section 158 , and | ||
(iii) publish notice on an internet website maintained by or on behalf of the local authority and in at least one newspaper, | ||
of the passing of the resolution or, as the case may be, of the application of subsection (4) in relation to the proposed development and the expiration of the period referred to therein. | ||
(b) A local authority shall not be required to comply with subparagraph (ii) of paragraph (a)— | ||
(i) where the number of persons who made submissions in respect of the proposed development in accordance with subsection (4) of section 158 exceeds 100, or | ||
(ii) in relation to any person referred to in that paragraph whose name or address is not readily ascertainable by the local authority. | ||
(c) A notification or notice referred under paragraph (a) shall state the terms of the resolution concerned. | ||
(7) Particulars of a resolution passed under subsection (3) or deemed to have been passed under subsection (4) shall be entered in the register. | ||
(8) (a) Where a development is carried out in accordance with a recommendation in a report under subsection (3) of section 179 of the Act of 2000 that the development be proceeded with as proposed, it shall, on and after the repeal of that section by section 6 , be treated as if it were carried out in accordance with a decision under paragraph (a) of subsection (3) of this section, whether or not the development was commenced before that repeal. | ||
(b) A decision under subsection (4) of section 179 of the Act of 2000 to vary or modify a development shall, on and after the repeal of that section by section 6 , operate as if it were a decision under paragraph (b) of subsection (3) of this section. | ||
(c) A decision under subsection (4) of section 179 of the Act of 2000 not to proceed with a development shall, on and after the repeal of that section by section 6 , operate as if it were a decision under paragraph (c) of subsection (3) of this section. |