Planning and Development Act 2024
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Power of Commission to invite submissions | ||
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366. (1) Where the Commission is of the opinion that, in the particular circumstances of an appeal, application, referral or request, it is appropriate to request— | ||
(a) a party to it, | ||
(b) a person who made a submission to the Commission in relation to it, or | ||
(c) any other person, | ||
to make a submission in relation to the appeal, application, referral or request, or any part of it or issue in it, the Commission may give notice to the party or person— | ||
(i) requesting the party or person, within a period specified in the notice, to make a submission to the Commission in relation to the appeal, application, referral or request, or any part of it or issue in it, and | ||
(ii) stating that, if the submission is not received before the expiry of the period specified in the notice, the Commission shall, after the expiry of the period and without further notice to the party or person, pursuant to section 368 , determine the appeal, application, referral or request. | ||
(2) The period referred to in paragraph (i) of subsection (1) shall be— | ||
(a) in relation to an appeal, application, referral or request where an environmental impact assessment is required, not less than 5 weeks and not more than 7 weeks from the date of the notice, and | ||
(b) in any other case, not less than 2 weeks and not more than 4 weeks from the date of the notice. | ||
(3) The Commission may give directions in relation to the form or presentation of any submissions referred to in subsection (1) and a person making a submission shall comply with such directions. | ||
(4) Where a notice is given under subsection (1) and a submission is made within the period specified in the notice, the Commission shall, having considered the submission, determine the appeal, application, referral or request, within such period after the receipt of the submission as may be specified in the notice. | ||
(5) Without prejudice to section 367 or 369 , a party or person referred to in subsection (1) shall not be entitled to elaborate in writing upon a 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. |