Planning and Development Act 2024
|
Recommendations to planning authorities concerning specific structures | ||
|
308. (1) The Minister may, in writing, make a recommendation (in this section referred to as a “recommendation”) to a planning authority concerning— | ||
(a) the addition of any or all of the following to the record of protected structures: | ||
(i) particular structures; | ||
(ii) specified parts of particular structures; | ||
(iii) specified features within the attendant grounds of particular structures, | ||
(b) a deletion from the record of protected structures, or | ||
(c) an amendment to the record of protected structures. | ||
(2) Within 4 weeks of receiving a recommendation, a planning authority shall cause notice of the recommendation to be published in at least one newspaper circulating in its functional area. | ||
(3) Where a recommendation relates to an addition to the record of protected structures, the notice under subsection (2) shall set out a summary of the obligations under section 311 of owners and occupiers of structures to which the notice relates. | ||
(4) A planning authority shall, within 12 weeks of receiving a recommendation, decide whether to— | ||
(a) follow the recommendation, | ||
(b) decline to follow the recommendation, or | ||
(c) otherwise act on the recommendation. | ||
(5) Where a planning authority fails to make a decision under subsection (4) within the period referred to in that subsection, the planning authority shall be bound by the recommendation and shall comply with section 309 as soon as practicable after the expiry of that period. | ||
(6) Making a decision under subsection (4) shall be a reserved function. | ||
(7) In making a decision under subsection (4), the planning authority shall consider the proper planning and sustainable development of the area. | ||
(8) Section 53 of the Act of 2000 shall continue to apply and have effect, on and after the repeal of that section by section 6 , in relation to a recommendation under the said section 53. |