Planning and Development Act 2024
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Period for decision-making | ||
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361. (1) Subject to subsections (2), (3) and (4), the Commission shall determine an appeal, application, referral or request within 18 weeks of it being received by the Commission. | ||
(2) The period referred to in subsection (1) is subject to— | ||
(a) any regulations made under subsection (6), | ||
(b) subsection (4) of section 366 , | ||
(c) subsection (2) of section 367 , | ||
(d) any provision in regulations under section 377 requiring periods to be disregarded for the purposes of reckoning the period referred to in subsection (1), either generally or in relation to a particular class of appeal, application, referral or request, | ||
(e) section 402 , and | ||
(f) any order under section 403 . | ||
(3) Where the Commission fails to determine an appeal, application, referral or request within the period referred to in subsection (1) or, where a different period is referred to in a class-specific provision, within that period, it shall— | ||
(a) determine the appeal, application, referral or request notwithstanding that the period has expired, and | ||
(b) pay to the person who made the appeal, application, referral or request a sum equal to such proportion of the fees paid to the Commission in respect of the appeal, application, referral or request as may be prescribed. | ||
(4) A failure by the Commission to comply with subsection (1), or a class-specific provision that provides that the Commission shall determine an appeal, application, referral or request within a particular period, shall not invalidate the determination of the Commission on the appeal, application, referral or request concerned. | ||
(5) The Minister may, where he or she considers it appropriate, conduct a review of the periods for the making of a decision in relation to appeals, applications, referrals or requests under this Act, having regard to the resources and functions of the Commission. | ||
(6) The Minister may by regulations vary the period referred to in subsection (1) (either generally or in respect of a particular class of appeal, application, referral or request) where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as such regulations are in force, subsection (1) shall be construed and have effect in accordance with the regulations. | ||
(7) Where the Minister considers it to be necessary or expedient that a particular class of appeal, application, referral or request relating to a class of development of special strategic, economic or social importance to the State, be determined with priority over other classes of appeal, application, referral or request, and as expeditiously as is consistent with the principles of proper planning and sustainable development, the Minister may give a direction to the Commission to give priority to the determination of appeals, applications, referrals or requests of that class, and the Commission shall comply with the direction. | ||
(8) An annual report under section 522 shall contain— | ||
(a) a statement of— | ||
(i) the number of appeals, applications, referrals or requests determined during the period to which the report relates, | ||
(ii) the number of such appeals, applications, referrals or requests determined within a period specified in a class-specific provision for the determination of an appeal, application, referral or request, or referred to in subsection (1), as the case may be, during the period to which the report relates, and | ||
(iii) the number, and the aggregate amount, of all sums (if any) payable, and the number, and the aggregate amount, of all such sums paid, by the Commission under paragraph (b) of subsection (3), | ||
and | ||
(b) such other information as to the time taken to determine such appeals, applications, referrals or requests as the Minister may direct. |