Planning and Development Act 2024
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Effect of judicial review of Maritime Area Consent on application or appeal under Part | ||
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174. (1) Where the Maritime Area Regulatory Authority grants a maritime area consent, the person who applied for that consent shall, notwithstanding the making by any other person of an application under Part 9 or under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) for judicial review of the decision to grant that consent, be eligible to make an application under Chapter 3 or Chapter 4 for permission for development. | ||
(2) Where a person makes an application in accordance with Chapter 3 or Chapter 4 for permission for development in circumstances to which subsection (1) applies, the coastal planning authority concerned or the Commission shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it by and in accordance with Chapter 3 or Chapter 4 in relation to that application for permission as if no such application for judicial review had been made. | ||
(3) Where an application for permission for development made under Chapter 3 in circumstances to which subsection (1) applies is refused by a coastal planning authority and the applicant for such permission appeals the refusal to the Commission under Chapter 3, the Commission shall, notwithstanding any pending application for judicial review referred to in subsection (1), perform the functions conferred on it under this Act in relation to the appeal concerned as if no such application for judicial review had been made. | ||
(4) A permission granted under this Part for development in circumstances to which this section applies shall not come into effect unless and until— | ||
(a) final judgment is given— | ||
(i) in relation to the application for judicial review referred to in subsection (1), and | ||
(ii) upholding the grant of the maritime area consent concerned in respect of which that application was made, | ||
or | ||
(b) the application for judicial review referred to in subsection (1) is withdrawn. |