Planning and Development Act 2024
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Suspension of running of duration of permission during judicial review proceedings | ||
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180. (1) Where Part 9 judicial review proceedings in which a party questions the validity of a permission to which this section applies are commenced, the person who is carrying out or proposes to carry out the development to which the permission relates may give notice, in writing, to the following of the commencement of the proceedings and of the date of the commencement of the proceedings (within the meaning of subsection (5) of section 280 )— | ||
(a) where the permission relates primarily to land, the planning authority in whose functional area the land is situated, or | ||
(b) where the permission relates primarily to a maritime site, the Maritime Area Regulatory Authority. | ||
(2) Where notice is given in accordance with subsection (1)— | ||
(a) the running of the duration of the permission shall be considered to be suspended for the period beginning on the date of the commencement of the proceedings and ending on the date the proceedings are finally concluded (in this section referred to as the “relevant period”), | ||
(b) during the relevant period the permission shall, subject to subsection (8) and other than in so far as is necessary for the purposes of the proceedings, not have effect for the purposes of this Act, | ||
(c) the duration of the permission shall continue to run from the day following the date the proceedings are finally concluded, in so far as the permission continues to have effect in accordance with the decision of the court that finally concluded the proceedings, and | ||
(d) in reckoning the duration of the permission for the purposes of this Act, the relevant period shall be disregarded. | ||
(3) Where notice is given under subsection (1), the person who is carrying out or proposes to carry out the development to which the permission relates shall give notice, in writing, to the planning authority or the Maritime Area Regulatory Authority notified under subsection (1) of the following matters: | ||
(a) the fact that the proceedings are finally concluded and the date the proceedings are finally concluded, | ||
(b) the decision of the court that finally concluded the proceedings, and | ||
(c) such other matters as the Minister may prescribe. | ||
(4) The Minister may prescribe— | ||
(a) the form and manner in which, and the period within which, the notices referred to in subsections (1) and (3) shall be given, and | ||
(b) the form and manner in which, and the period within which, receipt of the notices may be confirmed by the planning authority or the Maritime Area Regulatory Authority. | ||
(5) A notice that is not given in accordance with this section or regulations under this section shall be invalid for the purposes of this section. | ||
(6) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall enter the following information in the register: | ||
(a) the date of the commencement of the proceedings; | ||
(b) the date the proceedings are finally concluded; | ||
(c) particulars of the decision of the court that finally concluded the proceedings; | ||
(d) particulars of a notice given under subsection (1) or (3); | ||
(e) the date the duration of the permission expires in accordance with this section; | ||
(f) such other information as the Minister may prescribe. | ||
(7) For the purposes of this section, Part 9 judicial review proceedings are finally concluded on the earlier of— | ||
(a) the date of the determination of the proceedings by a decision of a court against which no further appeal lies, or against which an appeal lies within a period which has expired without an appeal being taken, or | ||
(b) the date on which it is confirmed by a decision of a court against which no further appeal lies, or against which an appeal lies within a period which has expired without an appeal being taken, that the validity of the permission is no longer questioned in the proceedings. | ||
(8) Nothing in this section shall be construed as meaning that development carried out in accordance with the permission before the giving of a notice referred to in subsection (1) is, by reason only of the giving of the notice, unauthorised development. | ||
(9) This section applies to— | ||
(a) a permission under this Act, other than— | ||
(i) a permission that is a retention permission under Chapter 3 or permission that is for development for which retrospective consent is required under Chapter 4, or | ||
(ii) a permission that is an extension of the duration of a permission under Chapter 5, | ||
and | ||
(b) a permission or approval under the Act of 2000 deemed under section 188 to be a permission under this Act, other than permission for retention of development (under the Act of 2000) or substitute consent (within the meaning of the Act of 2000), | ||
but does not apply to an outline permission (within the meaning of section 96 ). | ||
(10) This section shall apply to an application for judicial review brought on or after the date of the commencement of this subsection under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) on foot of section 50 leave (within the meaning of section 50A of the Act of 2000) as it applies to Part 9 judicial review proceedings, subject to the following modifications— | ||
(a) references in this section to a permission shall include references to— | ||
(i) a permission under this Act, other than— | ||
(I) a permission that is a retention permission under Chapter 3 or permission that is for development for which retrospective consent is required under Chapter 4, or | ||
(II) a permission that is an extension of the duration of a permission under Chapter 5, | ||
but does not include an outline permission (within the meaning of section 96 ), | ||
(ii) a permission or approval under the Act of 2000 deemed under section 188 to be a permission under this Act, other than a permission for retention of development (under the Act of 2000) or substitute consent (within the meaning of the Act of 2000), and | ||
(iii) a permission under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , | ||
(b) references in this section to the commencement of Part 9 judicial review proceedings shall be construed as references to the bringing of an application for judicial review on foot of section 50 leave by the issuing from the High Court of the originating document in respect of the application or, where an order is made by the High Court that an application for section 50 leave be treated as if it were the hearing of the application for judicial review, to the making of that order, | ||
(c) references in this section to the date of the commencement of Part 9 judicial review proceedings shall be construed as references to the date on which the originating document in respect of the application for judicial review on foot of section 50 leave is issued from the High Court or, where an order is made by the High Court that an application for section 50 leave be treated as if it were the hearing of the application for judicial review, the date of the making of that order, and | ||
(d) all other necessary modifications. | ||
(11) In this section “ Part 9 judicial review proceedings” has the meaning it has in section 278 . |