Planning and Development Act 2024
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Invitation to applicant for permission to make request under subsection (3) of section 215 (priority habitat or priority species) | ||
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222. (1) Where a Natura impact statement is not accompanied by a request referred to in subsection (3) of section 215 and the competent authority considers that a reasonable case may be made that— | ||
(a) there is an absence of alternative solutions to the carrying out of the relevant development concerned, | ||
(b) imperative reasons of overriding public interest exist for the carrying out of the relevant development concerned, and | ||
(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
the competent authority may, having made a determination under paragraph (a) of subsection (7) of section 217 and before making a decision on the application for permission, invite the applicant for permission to submit to the competent authority, within such period as the competent authority may specify, a request referred to in subsection (3) of section 215 that complies with subsection (4) of section 215 . | ||
(2) Where the applicant for permission, on receipt of an invitation under subsection (1), does not submit to the competent authority a request referred to in subsection (3) of section 215 or fails to comply with subsection (4) of that section in relation to any such request— | ||
(a) within such period as may be specified in the invitation, or | ||
(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission, | ||
the competent authority shall as soon as may be after the expiration of the said period or further period, as the case may be, refuse to grant permission under Part 4 for the relevant development concerned. | ||
(3) Where, pursuant to an invitation under subsection (1), the applicant for permission submits a request referred to in subsection (3) of section 215 to the competent authority that complies with subsection (4) of that section— | ||
(a) within such period as may be specified in the invitation, or | ||
(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission, | ||
the competent authority shall take such measures as are prescribed under subsection (4). | ||
(4) The Minister may, for the purpose of ensuring— | ||
(a) that members of the public (including persons who have made submissions in relation to the application for permission concerned), and | ||
(b) such persons as may be prescribed, | ||
are given an opportunity to make submissions in relation to an explanation contained in a request referred to in subsection (3) of section 215 submitted to the competent authority pursuant to an invitation under this section, prescribe the measures that shall be taken by the competent authority under subsection (3). | ||
(5) Section 221 shall apply to a request made, in accordance with this section and in relation to which there has been compliance by the competent authority with subsection (3), subject to any necessary modifications. |