Planning and Development Act 2024
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Supplementary provisions relating to decisions on certain applications referred to in subsection (1) of section 191 or subsection (1) of section 192 that were not refused | ||
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193. (1) (a) This section applies in addition to Chapter 3 of Part 4 in the case of an appeal under section 103 against a decision of the planning authority under section 98 where, pursuant to subsection (16) of section 191 or subsection (17) of section 192 , that decision incorporates a regulatory decision of the competent authority under paragraph (a) of subsection (14) of section 191 or paragraph (a) of subsection (15) of section 192 , as the case may be. | ||
(b) The competent authority shall be a party to the appeal notwithstanding paragraph (b) of subsection (16) of section 191 or paragraph (b) of subsection (17) of section 192 . | ||
(2) For the purposes of a relevant appeal, the reference in subsection (1) of section 102 to “any person who made submissions in writing in relation to the planning application to the planning authority” includes any person who made submissions in writing referred to in paragraph (c) of subsection (12) of section 191 or paragraph (c) of subsection (14) of section 192 to the competent authority in relation to the draft regulatory decision or related report referred to in subsection (9) or (10), as the case may be, of section 191 or subsection (10) or (11), as the case may be, of section 192 . | ||
(3) (a) Subsections (1) to (3) of section 9 of the Act of 2019 shall apply to the Commission’s consideration of the relevant appeal, subject to the modification that any reference to the competent authority in those subsections shall be read as a reference to the Commission and subject to any other necessary modification. | ||
(b) Subsections (4) to (7) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to measures forming part of the Commission’s consideration of the relevant appeal as those subsections apply to measures referred to in those subsections. | ||
(c) The Commission may, in its decision on the relevant appeal and its related report (paragraph (a) of subsection (7)), accept or reject all or any part of— | ||
(i) the relevant regulatory decision the subject of the appeal, or | ||
(ii) the report prepared under subsection (10) of section 191 and revised under paragraph (b) of subsection (14) of section 191 , or prepared under subsection (11) of section 192 and revised under paragraph (b) of subsection (15) of section 192 , as appropriate, which relates to such relevant regulatory decision. | ||
(4) (a) Paragraphs (b) and (c) shall apply where the Commission is considering, in its determination of the relevant appeal in so far as the appeal relates to the relevant regulatory decision, adopting noise mitigation measures or operating restrictions (if any), or a combination thereof, which were not, during the process that gave rise to the relevant regulatory decision, the subject of previous consultation conducted by the competent authority pursuant to section 191 or 192 , as the case may be. | ||
(b) Subsection (12) of section 9 of the Act of 2019 shall apply to the Commission and the decision it is minded to make on the relevant appeal, subject to the modifications that— | ||
(i) any reference to the competent authority in that subsection were a reference to the Commission, and | ||
(ii) any reference in that subsection to the draft regulatory decision were a reference to the decision that the Commission is minded to make on the relevant appeal. | ||
(c) The Commission shall— | ||
(i) publish on its website a draft of the decision it is minded to make on the relevant appeal in so far as the decision relates to the relevant regulatory decision which shall— | ||
(I) identify all the noise mitigation measures and operating restrictions (if any) proposed to be adopted by the Commission and not just such measures (if any) referred to in paragraph (a), and | ||
(II) stating, at a minimum, the Commission’s reasons for the draft decision and having annexed to it the related report (paragraph (b) of subsection (4)), | ||
and | ||
(ii) on the same date as complying with subparagraph (i) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper— | ||
(I) stating that the Commission has made a draft decision under subparagraph (i) of paragraph (c) on the relevant appeal in so far as the appeal relates to the relevant regulatory decision and prepared the related report (paragraph (b) of subsection (4)), | ||
(II) stating particulars of how persons may view or otherwise have access to the draft decision and related report (paragraph (b) of subsection (4)) (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the Commission during office hours), | ||
(III) inviting persons to make submissions in writing (and to provide a return address with such submissions) in the form specified by the Commission (if any) on the draft decision (including any annex thereto) before the expiration of 14 weeks beginning on the date on which the notice was so published in the national newspaper, and | ||
(IV) stating particulars of the addresses (which shall include an electronic address) to which such submissions may be sent. | ||
(5) (a) The Commission shall, as soon as is practicable after it complies with subsection (4), give each of the appellant and the other parties to the relevant appeal a copy of the draft decision referred to in subparagraph (i) of paragraph (c) of subsection (4). | ||
(b) For the avoidance of doubt, it is hereby declared that the appellant and the other parties to the relevant appeal may each make submissions referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4) in accordance with that subsection. | ||
(6) (a) Where subsection (4) applies, the Commission shall, as soon as is practicable after it complies with paragraph (c) of that subsection, by notice direct the airport authority to— | ||
(i) engage in discussions with the Irish Aviation Authority and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft decision referred to in subparagraph (i) of paragraph (c) of subsection (4), and | ||
(ii) inform the Commission of the outcome of those discussions before the expiration of the 14 weeks referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4). | ||
(b) The airport authority shall comply with a direction given to it under paragraph (a). | ||
(7) The Commission shall, as soon as is practicable after it makes a decision on the relevant appeal, in so far as the appeal relates to the relevant regulatory decision— | ||
(a) publish on its website the first-mentioned decision, in so far as it so relates, to which is annexed a report prepared by the Commission in relation to such decision stating the Commission’s reasons for such decision and including therein— | ||
(i) such of the matters referred to in paragraphs (a) to (j) of subsection (10) of section 191 or paragraphs (a) to (j) of subsection (11) of section 192 , as the case may be, as are appropriate (which inclusion may be achieved, at the Commission’s discretion, by the adoption by it of any part of the report concerned referred to in subparagraph (ii) of paragraph (c) of subsection (3)), and | ||
(ii) if subsection (4) applies, the related report (paragraph (b) of subsection (4)) revised by the Commission to take into account all documents, submissions (if any), and such other information, given to it pursuant to a provision of this section and to take into account the first-mentioned decision in so far as it so relates, | ||
(b) on the same date as complying with paragraph (a) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper stating— | ||
(i) that it has made a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision, | ||
(ii) particulars of how persons may view or otherwise have access to such decision (including any annex thereto) in so far as it so relates (which shall include being able to view the decision, or purchase a copy of the decision at a reasonable cost, at the offices of the Commission during office hours), and | ||
(iii) that a person may question the validity of the Commission’s decision on the relevant appeal (including such decision in so far as it relates to the relevant regulatory decision) by way of an application for judicial review in accordance with Part 9 , | ||
(c) send a copy of the first-mentioned decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the appellant, the other parties to the relevant appeal and (if the airport authority is neither the appellant nor another party to the relevant appeal) the airport authority, and | ||
(d) if subsection (4) applied, send a copy of the first-mentioned decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the return addresses of the persons who have made submissions referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4) in accordance with that subsection on the draft decision concerned. | ||
(8) Where the Commission has failed to make a decision under section 109 as read with this section in relation to the relevant appeal within the period it is required to do so by a provision of this Act and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Commission shall nevertheless proceed to make such decision and the decision so made shall be considered to have been made under section 109 notwithstanding such failure. | ||
(9) A failure by the Commission to determine an appeal under this Chapter within the period or periods specified in, or prescribed under, this section shall not invalidate the decision of the Commission in relation to the appeal. | ||
(10) Subject to subsection (11), a noise mitigation measure to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision shall— | ||
(a) come into effect on the day immediately following the day on which, pursuant to subsection (7), that first-mentioned decision is published on the website of the Commission, and | ||
(b) after coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the Commission. | ||
(11) The Commission may, by notice published on its website on the same date as the decision first-mentioned in subsection (10) is, pursuant to subsection (7), also so published— | ||
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and | ||
(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect. | ||
(12) Subject to paragraph (b) of section 26 of the Act of 2019, the Commission shall, in relation to an operating restriction to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision, take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction. | ||
(13) Subject to subsection (14), an operating restriction to which subsection (12) applies shall— | ||
(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and | ||
(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body. | ||
(14) The Commission may, by notice published on its website at any time before the day first-mentioned in paragraph (a) of subsection (13)— | ||
(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction to which subsection (12) applies, and | ||
(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect. | ||
(15) In this section— | ||
“related report (paragraph (b) of subsection (4))” means the report (if any) prepared by the Commission pursuant to paragraph (b) of subsection (4); | ||
“related report (paragraph (a) of subsection (7))” means the report prepared by the Commission pursuant to paragraph (a) of subsection (7); | ||
“relevant appeal” means an appeal referred to in paragraph (a) of subsection (1); | ||
“relevant regulatory decision”, in relation to a relevant appeal, means the relevant regulatory decision referred to in subsection (1) which is incorporated into the planning authority’s decision under section 98 that is the subject of the relevant appeal. |