Planning and Development Act 2024
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Confirmation by State authority | ||
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160. (1) A State authority may, in relation to proposed State authority development that is development subject to confirmation— | ||
(a) following compliance by it with section 158 in relation to the proposed development, and | ||
(b) having had regard to any submissions made by a planning authority, or by any other person under subsection (4) of that section in relation to the proposed development, | ||
decide that the proposed development— | ||
(i) shall be carried out (with or without modifications to the original proposed development), or | ||
(ii) shall not be carried out. | ||
(2) A decision made under subsection (1) shall state the main reasons and considerations on which the decision is based. | ||
(3) State authority development that is development subject to confirmation shall not be carried out— | ||
(a) before the making of a decision under subsection (1) in relation to the development, or | ||
(b) in a manner that contravenes the terms of that decision. | ||
(4) (a) A State authority shall, as soon as may be after making a decision under subsection (1)— | ||
(i) notify the planning authority within whose functional area it is proposed to carry out the development concerned, | ||
(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 a notice on an internet website maintained by or on behalf of the State authority and in at least one newspaper, | ||
of the making of the decision. | ||
(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 under paragraph (a) shall state the terms of the decision under subsection (1) concerned. | ||
(5) Where a planning authority is notified under subparagraph (i) of paragraph (a) of subsection (4) of the making of a decision under subsection (1), the planning authority shall publish the notice on an internet website maintained by or on behalf of the planning authority. | ||
(6) Particulars of a decision under subsection (1) shall be entered in the register. |