Planning and Development Act 2024
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PART 12 Appeal Procedures, Planning Register and Records, and Miscellaneous Powers and Procedures | ||
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Chapter 1 Definitions | ||
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Definitions | ||
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358. In this Part— | ||
“appeal” means an appeal to the Commission under— | ||
(a) subsection (8) of section 10 , | ||
(b) subsection (9) of section 13 , | ||
(c) paragraph (b) of subsection (5) of section 101 , | ||
(d) paragraph (b) of subsection (7) of section 101 , | ||
(e) subsection (1) of section 102 , | ||
(f) subsection (2) of section 102 , | ||
(g) paragraph (b) of subsection (5) of section 102 , | ||
(h) subsection (7) of section 143 , | ||
(i) subsection (5) of section 146 , | ||
(j) subsection (10) of section 146 , | ||
(k) subsection (8) of section 149 , | ||
(l) subsection (3) of section 264 , | ||
(m) subsection (6) of section 269 , | ||
(n) paragraph (a) of subsection (8) of section 310 , | ||
(o) paragraph (a) of subsection (7) of section 333 , | ||
(p) paragraph (a) of subsection (7) of section 338 , and | ||
(q) subsection (5) of section 339 ; | ||
“application” means an application to the Commission under— | ||
(a) subsection (14) of section 10 , | ||
(b) subsection (4) of section 102 , | ||
(c) section 120 , | ||
(d) subsection (4) of section 275 , and | ||
(e) subsection (5) of section 276 ; | ||
“class-specific provision” means— | ||
(a) a provision of this Act (other than a provision of Chapter 2), applicable to a class of appeal, application, referral or request, and | ||
(b) a provision of any other enactment (other than a regulation or rule made under Chapter 2) applicable to such a class; | ||
“party”, in relation to an appeal, application, referral or request, means— | ||
(a) in the case of an appeal— | ||
(i) the person who made the appeal, | ||
(ii) the planning authority that made the decision, deemed refusal of an application, order, declaration or revised declaration, or served the notice, the subject of the appeal, | ||
(iii) under subsection (8) of section 10 , where the declaration was forwarded under subsection (6) of section 10 or notified pursuant to regulations under subsection (13) of section 10 to any other person in addition to the person who made the appeal, that other person, | ||
(iv) an appeal under subsection (1) or (2) of section 102 made by a person other than the applicant for the permission the subject of the appeal, or a person acting on behalf of the applicant for the permission, the applicant for the permission, | ||
(v) an appeal under paragraph (b) of subsection (5) of section 102 , the applicant for permission the subject of the appeal, | ||
(vi) an appeal under subsection (7) of section 143 , where the person who made the appeal is not the person who made the request the subject of the appeal, the person who made that request, | ||
(vii) an appeal under subsection (8) of section 149 , where the planning authority served a notice under subsection (1) or (2) of section 149 on any other person in addition to the person who made the appeal, that other person, | ||
(viii) an appeal under subsection (3) of section 264 — | ||
(I) where any other person, in addition to the person who made the appeal, was served with a notice under paragraph (a) of subsection (2) of section 264 , that other person, or | ||
(II) where the person who made the appeal was not a person served with a notice under paragraph (a) of subsection (2) of section 264 , any person served with such a notice, | ||
(ix) an appeal under subsection (6) of section 269 , where any other person in addition to the person who made the appeal was served with the notice under subparagraph (i) of paragraph (a) of subsection (2) of section 269 , that other person, and | ||
(x) an appeal under subsection (5) of section 339 , where any other person in addition to the person who made the appeal is served with the notice under subsection (1) of section 339 , that other person, | ||
(b) in the case of an application— | ||
(i) the person who made the application, | ||
(ii) the planning authority (where that planning authority is not the person who made the application) in whose functional area the development the subject of the application is situated, | ||
(iii) under subsection (4) of section 102 , the applicant for permission the subject of the application, and | ||
(iv) under subsection (4) of section 275 or subsection (5) of section 276 , any person served with the notice referred to in that subsection, and | ||
(c) in the case of a referral— | ||
(i) under subsection (10) of section 87 , the person carrying out the development referred to in that subsection and the planning authority to which the points of detail were submitted under that section, | ||
(ii) under subsection (3) of section 176 , the person who made the application for permission referred to in subsection (1) of section 176 , and the planning authority to which that application for permission was made, | ||
(iii) under subsection (1) of section 249 , the person that made the referral and, where not the person that made the referral, any party or prospective party to the agreement the subject of the referral, and the planning authority referred to in that subsection, | ||
(iv) under subsection (5) of section 258 , the body that made the referral and any person served with the notice the subject of the referral, | ||
(v) under subsection (6) of section 266 , the planning authority that made the referral and any person who made, and has not withdrawn, submissions on foot of a notice in respect of the order the subject of the referral under subsection (5) of section 266 , and | ||
(vi) under subsection (2) of section 438 , the planning authority in whose functional area the structure the subject of the referral is situated and the person by whom or on whose behalf the application for permission for the erection of the new structure referred to in paragraph (a) of subsection (1) of section 438 was made, | ||
and | ||
(d) in the case of a request, the person who made the request and in the case of a request to the Commission under section 140 or subsection (1) of section 227 , the planning authority in whose functional area the project or development to which the request relates is situated or proposed to be situated; | ||
“referral” means a referral to the Commission under— | ||
(a) subsection (10) of section 87 , | ||
(b) subsection (3) of section 176 , | ||
(c) subsection (1) of section 249 , | ||
(d) subsection (5) of section 258 , | ||
(e) subsection (6) of section 266 , and | ||
(f) subsection (2) of section 438 ; | ||
“request” means a request to the Commission under— | ||
(a) subsection (1) of section 140 , | ||
(b) subsection (1) of section 227 , and | ||
(c) subsection (1) of section 233 . |