Planning and Development Act 2024
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Prohibition on grant of permission except in certain circumstances | ||
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226. (1) (a) The competent authority shall not grant permission for relevant development prescribed for the purposes of subsection (1) of section 225 unless, in relation to the relevant development— | ||
(i) paragraph (b) of that subsection has been complied with, | ||
(ii) the Commission has granted an exemption under section 227 , or | ||
(iii) the Minister has made an order under section 228 . | ||
(b) The competent authority shall not grant permission for relevant development of a class prescribed for the purposes of subsection (2) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is reached or exceeded unless, in relation to the relevant development— | ||
(i) paragraph (b) of that subsection has been complied with, | ||
(ii) the Commission has granted an exemption under section 227 , or | ||
(iii) the Minister has made an order under section 228 . | ||
(c) The competent authority shall not grant permission for relevant development of a class prescribed for the purposes of subsection (2) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is not reached unless, in relation to the relevant development— | ||
(i) paragraph (c) of that subsection has been complied with, | ||
(ii) the Commission has granted an exemption under section 227 , or | ||
(iii) the Minister has made an order under section 228 . | ||
(d) The competent authority shall not grant permission for relevant development prescribed for the purposes of subsection (3) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is not reached unless, in relation to the relevant development— | ||
(i) paragraph (b) of that subsection has been complied with, | ||
(ii) the Commission has granted an exemption under section 227 , or | ||
(iii) the Minister has made an order under section 228 . | ||
(2) Notwithstanding subsection (1), where an application for permission for a relevant development is accompanied by an environmental impact assessment report— | ||
(a) the competent authority shall not be required to carry out a screening for environmental impact assessment in respect of the relevant development concerned, and | ||
(b) the competent authority shall not grant permission unless it has carried out an environmental impact assessment in respect of the relevant development concerned. |