Planning and Development Act 2024
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Supplementary provisions relating to decisions on applications referred to in subsection (1) of section 191 or subsection (1) of section 192 | ||
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194. (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— | ||
(i) pursuant to paragraph (a) of subsection (1) of section 191 , the competent authority concludes that it is not of the opinion referred to in subparagraph (iii) of paragraph (a) of subsection (1) of section 191 , or | ||
(ii) pursuant to subsection (5) of section 191 or subsection (5) of section 192 , the competent authority decides to refuse the application concerned. | ||
(b) The competent authority shall be a party to the appeal notwithstanding paragraph (d) of subsection (5) of section 191 or paragraph (d) of subsection (5) of section 192 . | ||
(2) Without prejudice to the generality of the Commission’s powers under Chapter 3 of Part 4 , or under Chapter 3 of Part 4 as read with any other provision of this Act, the Commission shall, in determining the appeal— | ||
(a) where subparagraph (i) of paragraph (a) of subsection (1) applies, take into account section 191 following subsection (1) of such section 191 , and of paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019 as are, in the Commission’s opinion, relevant to the appeal, | ||
(b) where the refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1) arises from the operation of subsection (5) of section 191 , take account of section 191 following subsection (5) of such section 191 , and paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019, as are, in the Commission’s opinion, relevant to the appeal, or | ||
(c) where the refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1) arises from the operation of subsection (5) of section 192 , take account of section 192 following subsection (5) of such section 192 , and of paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019, as are, in the Commission’s opinion, relevant to the appeal. | ||
(3) Subsections (1) to (3) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to— | ||
(a) the Commission’s consideration of the appeal in so far as such consideration relates to— | ||
(i) a conclusion referred to in subparagraph (i) of paragraph (a) of subsection (1), or | ||
(ii) a refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1), | ||
and | ||
(b) the Commission’s determination of the appeal in so far as it so relates as referred to in paragraph (a), | ||
as if any reference to the competent authority in those subsections (1) to (3) of that section 9 were a reference to the Commission. | ||
(4) 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 appeal as those subsections apply to measures referred to in those subsections. | ||
(5) Subsection (12) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to— | ||
(a) the Commission and the decision it is minded to make on the appeal in so far as such decision relates to— | ||
(i) a conclusion referred to in subparagraph (i) of paragraph (a) of subsection (1), or | ||
(ii) a refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1), | ||
and | ||
(b) the Commission’s determination of the appeal in so far as it so relates as referred to in paragraph (a), | ||
as if any reference to the competent authority in such subsection (12) were a reference to the Commission and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Commission is minded to make on such appeal. |