Planning and Development Act 2024

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Submissions by persons other than parties

365. (1) A person other than a party to the appeal, application, referral or request concerned may, upon payment of such fee (if any) as may be payable in accordance with section 381 , make a submission in writing to the Commission in relation to—

(a) an appeal under paragraph (b) of subsection (5) of section 101 or subparagraph (ii) of paragraph (b) of subsection (7) of section 101 or subsection (1) or (2) of section 102 ,

(b) an application for permission for Chapter 4 development (within the meaning of Part 4 ),

(c) a request under section 140 for an alteration to, or extension of the duration of, a permission where the Commission is the deciding authority,

(d) an appeal under subsection (7) of section 143 ,

(e) a referral under subsection (6) of section 266 , or

(f) such other appeal, application, referral or request as may be prescribed.

(2) Without prejudice to section 366 , 367 or 369 , a person may make a submission under this section—

(a) where—

(i) notice is published under paragraph (c) of subsection (1) of section 235 , within 5 weeks of the date of publication of the notice,

(ii) notice is given or required to be given by the Commission under subsection (2) of section 362 , within 5 weeks of the date of the notice, and

(iii) more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

and

(b) in the case of any other—

(i) appeal referred to in subsection (1), within 5 weeks of the end of the period for the making of the appeal referred to in paragraph (b) of subsection (1) of section 360 or in any class-specific provision, or

(ii) application, referral or request referred to in subsection (1), within 5 weeks of the making of the application, referral or request.

(3) Subject to subsection (4), a submission referred to in subsection (1) which is not made within the applicable period referred to in subsection (2) shall be invalid and shall not be considered by the Commission.

(4) Subsections (3) and (5) shall not apply to a submission made by a Member State or another Transboundary Convention state arising from consultation in accordance with the Environmental Impact Assessment Directive or the Transboundary Convention, as the case may be, in relation to the effects on the environment of the development to which the appeal, application, referral or request relates.

(5) Without prejudice to section 366 , 367 or 369 , a person who makes a submission to the Commission in accordance with this section shall not be entitled to elaborate in writing upon any submission made in accordance with subsection (1) or make any further submission in writing in relation to the appeal, application, referral or request and any such elaboration or further submission received by the Commission shall not be considered by it.

(6) A submission under this section shall state the name and address of the person making the submission and the name and address of any person acting on his or her behalf.