Planning and Development Act 2024

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Chapter 7

Miscellaneous

Consultations under Part

167. (1) The following matters shall not prejudice the performance by a planning authority or the Commission of its functions by or under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings:

(a) the carrying out of any consultation under this Part;

(b) the making of a determination under subsection (9) of section 90 ;

(c) the taking place of an LRD meeting;

(d) the provision of an LRD opinion;

(e) the taking place of a meeting under section 93 or 118 ;

(f) the provision of an opinion under section 94 or 119 .

(2) The planning authority or the Commission, as the case may be, shall keep a record in writing of—

(a) any consultation or request for a consultation, including the names of the person who made the request for a consultation and the persons who participated in the consultation,

(b) any LRD meeting or request for an LRD meeting, including—

(i) a copy of the information and documentation that accompanied the request in accordance with subsection (3) of section 91 ,

(ii) the names of the persons who attended the meeting and any explanation provided under subsection (10) of section 91 or subsection (3) of section 92 ,

or

(c) any meeting under subsection (4) of section 93 or subsection (4) of section 118 or requests for a meeting under those sections, including—

(i) a copy of the documents that accompanied the request under subsection (2) of section 93 or subsection (2) of section 118 ,

(ii) the names of the persons who attended the meeting, and

(iii) any explanation provided under subsection (7) of section 93 , subsection (4) of section 94 , subsection (7) of section 118 or subsection (4) of section 119 .

(3) The planning authority or the Commission, as the case may be, shall place and keep a copy of any record in writing under subsection (2) with the documents to which any application in respect of that proposed development relates.

(4) A record kept by a planning authority under subsection (3) shall only be made available to the public when an application or request in respect of the proposed development is made under this Part.

(5) In this section “consultation” means a consultation meeting under section 90 or 116 or a consultation under section 139 and “request for consultation” shall be construed accordingly.