Planning and Development Act 2024
|
Effect of appeal to Commission under Chapter 3 on making application under Part | ||
|
176. (1) Notwithstanding any other provision of this Part, where an appeal to the Commission has been made under Chapter 3, no application for permission for the same development shall be made under this Part before— | ||
(a) the Commission has made its decision on the appeal, | ||
(b) the appeal is declared invalid pursuant to subsection (4), (5) or (6) of section 103 or withdrawn or declared invalid pursuant to section 172 , or | ||
(c) the appeal is dismissed by the Commission pursuant to section 108 . | ||
(2) Where an application for permission referred to in subsection (1) is made to a planning authority, the planning authority shall refuse to consider the application and shall notify the applicant that the application cannot be considered. | ||
(3) Where an application for permission referred to in subsection (1) is made to a planning authority, any dispute as to whether that application for permission is for the same development as an application for permission that is the subject of an appeal to the Commission may be referred, by the planning authority or the applicant for permission, to the Commission for determination. |