Planning and Development Act 2024

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Declaration on works affecting character of architectural conservation areas

333. (1) An owner or occupier of land situated in an architectural conservation area may make a written request to the planning authority, within whose functional area that architectural conservation area is situated, for a declaration (in this section referred to as a “declaration”) as to whether specified works identified in the request would materially affect the character of the area.

(2) (a) A request under subsection (1) shall be accompanied by all such information and documentation as is necessary to enable the planning authority to perform its functions under this section in relation to the request.

(b) For the purposes of the performance of its functions under this section, a planning authority may, by notice in writing, require a person who makes a request under subsection (1) to provide the planning authority with such further information and documentation as it specifies in the notice not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(c) A planning authority may, for the purpose of the performance of its functions under this section, request a person (other than the person who made the request under subsection (1)) by notice in writing to provide the planning authority with such information and documentation as is specified in the notice not later than 2 weeks (or such longer period as may be prescribed) from the date of the notice.

(3) Subject to subsection (5), a planning authority shall, not later than—

(a) 8 weeks from its receiving a request under subsection (1), or

(b) 3 weeks from the expiration of the period or periods specified in a notice or notices under paragraph (b) or (c) of subsection (2),

whichever occurs later, decide whether or not it has sufficient information to enable it to make a declaration under this section and, if it decides that it does have such sufficient information, it shall, within that period, make a declaration in relation to the request concerned and forward the declaration and the main reasons and considerations on which it is based—

(i) to the person who made that request, and

(ii) where that person is not the owner or occupier of land to which the request relates, to such owner or occupier.

(4) Where a planning authority decides under subsection (3) that it does not have sufficient information to make a declaration under this section—

(a) it shall, by notice in writing, inform the person who made the request under subsection (1) of the decision, and

(b) the request shall be deemed to have been withdrawn on the date specified in that notice.

(5) Before issuing a declaration, a planning authority shall have regard to—

(a) any national planning statement relevant to the declaration sought, and

(b) any recommendations made to the authority under section 332 .

(6) A planning authority may at any time after issuing a declaration revise the declaration, but the revision shall not affect any works carried out in reliance on the declaration prior to the revision.

(7) (a) A person (in this subsection referred to as the “appellant”) to whom a declaration has been forwarded in accordance with subsection (3) may, not later than 4 weeks from the date of the declaration and on payment to the Commission of such fee as may be determined under section 381 , appeal the declaration to the Commission (in this subsection referred to as an “appeal”).

(b) An appellant may withdraw an appeal under this subsection before the appeal is determined by the Commission.

(c) Subject to paragraphs (d), (e), (f), (g) and (h), this section shall apply to the Commission in relation to an appeal as it applies to a planning authority in relation to a request under subsection (1), and for the purposes of such appeal—

(i) references in that subsection to a request under that subsection shall be construed as references to an appeal,

(ii) references in this section to a person who made such a request shall be construed as references to the appellant, and

(iii) references in this section to the planning authority shall be construed as references to the Commission,

and a declaration of the Commission, or a decision of the Commission under subsection (3) that it does not have sufficient information to make a declaration under this section, in relation to an appeal shall operate to annul the declaration of the planning authority from which the appeal was brought.

(d) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, require the appellant to provide it with such information and documentation as is specified in the notice within such period (which shall not be later than 2 weeks from the date of the service of the notice) as is so specified.

(e) Notwithstanding the failure of the appellant to comply with a requirement in a notice under paragraph (d), the Commission may make a declaration in relation to an appeal where it is satisfied that it has sufficient information in relation to the matter to enable it to do so.

(f) For the purposes of the performance of its functions under this section in relation to an appeal, the Commission may, by notice in writing, request a person (other than the person who made the request under subsection (1)) to provide it with such information and documentation as is specified in the notice not later than 2 weeks from the date of the notice.

(g) Notwithstanding the failure of a person to whom a notice has been given under paragraph (f) to accede to the request in the notice, the Commission may determine an appeal where it is satisfied that it has sufficient information in relation to the matter to enable it to do so.

(h) The Commission shall determine an appeal under this subsection within the period specified under section 361 .

(8) A planning authority shall make available a copy of the request made under subsection (1) and the particulars of any declaration issued by the authority, and by the Commission on appeal, in electronic form, including by placing a copy on the planning authority’s website.

(9) The Commission shall keep a record of any decision made by it on appeal under this section, and the reasons for its decision, and shall make both available in electronic form, including by placing a copy on the Commission’s website.

(10) A declaration under this section is without prejudice to the application of section 10 .

(11) Such particulars as the Minister may prescribe, in relation to each declaration under this section, including a declaration as revised under subsection (6), and each decision by the Commission on appeal, shall be entered in the register.

(12) For the purposes of this section, the Minister may prescribe any one or more of the following:

(a) the form of a declaration;

(b) the form in which a person shall request a declaration;

(c) the process by which a declaration may be requested, including the information or matters that shall accompany such a request.