Planning and Development Act 2024
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Prohibition on grant of permission except in certain circumstances | ||
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211. The competent authority shall not grant permission unless— | ||
(a) the competent authority has made a determination under subsection (6) of section 212 that an appropriate assessment is not required, | ||
(b) the competent authority has made a determination under subsection (5) of section 213 , or the Commission has made a determination under subsection (11) of that section, that an appropriate assessment is not required, | ||
(c) the competent authority has carried out an appropriate assessment and has made a determination under paragraph (a) of subsection (6) of section 217 — | ||
(i) in the case of an application for permission for proposed development under Chapter 3 or 4 of Part 4 , that the proposed development will not adversely affect the integrity of a European site, | ||
(ii) in the case of an application for retrospective consent under Chapter 4 of Part 4 , that the development— | ||
(I) has not adversely affected, | ||
(II) is not adversely affecting, and | ||
(III) will not adversely affect, | ||
the integrity of a European site, or | ||
(iii) in the case of a request under Chapter 5 of Part 4 that is a material alteration request (within the meaning of the said Chapter 5), that the material alteration will not adversely affect the integrity of a European site, | ||
or | ||
(d) the Minister has issued a notice under subsection (10) of section 219 or subsection (12) or (14) of section 221 . |