Planning and Development Act 2024

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Withdrawal or invalidity of planning applications and appeals

172. (1) A person who has—

(a) made an application under Chapter 3 or 4,

(b) brought an appeal under Chapter 3, or

(c) made a request for an alteration or extension of a permission under Chapter 5,

may withdraw (in writing) the application, appeal or request at any time before that application, appeal or request is determined by the planning authority or the Commission.

(2) (a) Without prejudice to subsection (1), where the planning authority or the Commission is of the opinion that an application, appeal or request made to it has been abandoned, it may serve on the person who made the application, appeal or request, as the case may be, a notice stating that opinion.

(b) A notice under paragraph (a) shall require the person on whom it is served to make a submission to the planning authority or the Commission as to why the application, appeal or request should not be regarded as having been withdrawn, within such period as shall be specified in the notice (which shall be not less than two weeks, and not more than four weeks, beginning on the date of service of the notice).

(c) Where a notice has been served under paragraph (a), the planning authority or the Commission may, at any time after the expiration of the period specified in the notice in accordance with paragraph (b), declare in writing that the application, appeal or request, as the case may be, shall be regarded as having been withdrawn.

(d) When making a declaration under paragraph (c), the planning authority or the Commission shall have regard to the submission (if any) made within the period specified in accordance with paragraph (b).

(3) Where—

(a) a person withdraws an application, appeal or request under subsection (1),

(b) a planning authority or the Commission declares an application, appeal or request to be withdrawn under subsection (2) or any other provision of this Part, or

(c) a planning authority or the Commission declares an application, appeal or request to be invalid under any provision of this Part,

the planning authority or the Commission shall not further consider such application, appeal or request.

(4) Where a planning authority or the Commission decides to declare an application invalid on the basis that—

(a) it was not accompanied by an LRD Opinion,

(b) it was not accompanied by a Chapter 4 PAC notification, or

(c) the development the subject of the application was not standard development,

the planning authority or the Commission shall notify the applicant in writing and return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.

(5) Where an appeal was brought to the Commission under Chapter 3 in relation to an application under Chapter 3 or request under Chapter 5 and, subsequent to the bringing of the appeal, the application or request is withdrawn, declared withdrawn or declared invalid under this section, the following provisions shall apply:

(a) the appeal shall be regarded as having been withdrawn and shall not be determined by the Commission;

(b) in the case of an application, notwithstanding any previous decision under section 98 by a planning authority as regards the application, no permission shall be granted under that section by the planning authority on foot of that application;

(c) in the case of a request, notwithstanding any previous decision under section 143 by a planning authority as regards the request, no alteration or extension of a permission shall be granted under that section by the planning authority on foot of that request.

(6) Where paragraph (a), (b) or (c) of subsection (3) applies to an appeal to the Commission of a decision of a planning authority under section 98 or 143 , the Commission shall continue to consider any other appeal of that decision or application for leave to appeal relating to that decision of the planning authority.

(7) Particulars of any withdrawal under subsection (1), declaration under subsection (2) or decision under subsection (4) shall be entered in the register.