Planning and Development Act 2024
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Supplemental provisions relating to oral hearings | ||
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370. (1) The Commission, or a member of the staff of the Commission duly authorised by the Commission in that behalf, may assign a person to conduct an oral hearing of an appeal, application, referral or request on behalf of the Commission. | ||
(2) The person conducting an oral hearing shall have discretion as to its conduct and shall conduct it expeditiously and without undue formality. | ||
(3) (a) The person assigned to conduct an oral hearing may, and shall where so directed by the Commission, require a person intending to appear at the hearing to submit to him or her, in writing, within such period in advance of the hearing as he or she may specify, and in such format as he or she may specify, the points or a summary of the arguments the person proposes to make or evidence the person proposes to give at the hearing. | ||
(b) Subject to paragraph (c), the person assigned to conduct an oral hearing shall, where so directed by the Commission, on foot of a recommendation from a person assigned to make a report under section 376 , require that points or arguments are made in relation to specified matters only during the oral hearing. | ||
(c) The person assigned to conduct the oral hearing may, where he or she is of the opinion that it is necessary in the interests of fair procedures to do so, allow a point or an argument to be made during the oral hearing in relation to matters not specified in the requirement referred to in paragraph (b). | ||
(4) The person conducting the oral hearing may, and shall where so directed by the Commission, require any material the subject of a requirement under paragraph (a) of subsection (3) to be given to other parties to the appeal, application, referral or request, or to persons who made submissions in relation to the appeal, application, referral or request, and the Commission may make any such material publicly available by such means as it considers appropriate. | ||
(5) The Commission shall give notice of any requirement under paragraph (a) or (b) of subsection (3) to— | ||
(a) each party to the appeal, application, referral or request, and | ||
(b) each person who has made, and not withdrawn, submissions to the Commission in relation to the appeal, application, referral or request. | ||
(6) Where a requirement is imposed under paragraphs (a) and (b) of subsection (3), the points or summary of the arguments or evidence that a person intending to appear at the oral hearing shall submit to the person conducting the hearing shall be limited to points or arguments in relation to matters specified in the requirement under paragraph (b) of subsection (3). | ||
(7) The person conducting the oral hearing— | ||
(a) shall decide the order of appearance of persons at the hearing, | ||
(b) shall permit any person to appear in person or to be represented by another person, | ||
(c) may limit the time within which each person may make points or arguments (including arguments in refutation of arguments made by others at the hearing), or question the evidence of others, at the hearing, | ||
(d) may refuse to allow the making of a point or an argument or the giving of evidence if— | ||
(i) the point or a summary of the argument or evidence has not been submitted in advance to the person in accordance with a requirement imposed under paragraph (a) of subsection (3), | ||
(ii) the point, argument or evidence is not relevant to the subject matter of the hearing, | ||
(iii) it is considered necessary so as to avoid undue repetition of the same point, argument or evidence, or | ||
(iv) the point, argument or evidence relates to revised particulars, plans or drawings in relation to a proposed development, that do not comply with section 106 , or any regulations made under that section, | ||
(e) may refuse to allow the making of a point or an argument in relation to any matter where— | ||
(i) the point or argument is not in accordance with a requirement under paragraph (b) of subsection (3), and | ||
(ii) he or she has not formed the opinion referred to in paragraph (c) of subsection (3) in relation to the point or argument, | ||
(f) may hear submissions from a person other than a person who has made submissions to the Commission in relation to the subject matter of the hearing if the person conducting the oral hearing considers it appropriate in the interests of justice to allow the first-mentioned person to be heard, and | ||
(g) may adjourn or re-convene the oral hearing as he or she considers appropriate. | ||
(8) Where any question arises in relation to whether a person conducting an oral hearing ought to refuse to allow the giving of any evidence or the making of any point or any argument in relation to any matter, the person conducting the oral hearing may: | ||
(a) determine the question in the course of the oral hearing; | ||
(b) allow the giving of the evidence or the making of the point or argument on a conditional basis, and determine the issue when making his or her report; | ||
(c) defer the oral hearing or any part of it pending his or her determination or a determination of the Commission on the question (which the Commission may determine). | ||
(9) A person conducting an oral hearing of an appeal, application, referral or request may require any member of staff of a planning authority to give to him or her any information in relation to the appeal, application, referral or request which he or she reasonably requires for the purposes of the appeal, application, referral or request, within such period as he or she may specify, and the member of staff shall comply with the requirement. | ||
(10) A person conducting an oral hearing of an appeal, application, referral or request may take evidence on oath or affirmation and for that purpose may administer oaths or affirmations, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court. | ||
(11) (a) Subject to paragraph (b), the Commission in relation to an oral hearing of an appeal, application, referral or request may give notice in writing to any person, requiring that person to do one or both of the following: | ||
(i) attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing; | ||
(ii) produce any books, deeds, contracts, accounts, vouchers, maps, plans, documents or other information in his or her possession, custody or control which relate to any such matter. | ||
(b) Where a person is given a notice under paragraph (a)— | ||
(i) the Commission shall pay or tender to any person whose attendance is required such reasonable subsistence and travelling expenses to be determined by the Commission in accordance with the rates for the time being applicable to senior planning authority officials, and | ||
(ii) any person who, in compliance with a notice, has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him or her, be paid those expenses by the Commission, and those expenses shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction. | ||
(12) Every person to whom a notice under subsection (11) has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any book, deed, contract, account, voucher, map, plan, document or other information to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any book, deed, contract, account, voucher, map, plan, document or other information to which the notice relates shall be guilty of an offence. | ||
(13) Where a person— | ||
(a) wilfully gives evidence which is material to the oral hearing and which he or she knows to be false or does not believe to be true, | ||
(b) by act or omission, obstructs or hinders the person conducting the oral hearing in the performance of his or her functions, | ||
(c) refuses to take an oath or to make an affirmation when legally required to do so by a person holding the oral hearing, | ||
(d) refuses to answer a question to which the person conducting an oral hearing may legally require an answer, | ||
(e) does or omits to do any other thing which, if the inquiry had been by the High Court, would have been contempt of that court, or | ||
(f) connives or assists in the commission of any of the acts or omissions referred to in paragraphs (a) to (e), | ||
the person shall be guilty of an offence. | ||
(14) (a) Where an oral hearing relates to development within the Gaeltacht, the hearing shall be conducted in the Irish language, unless the parties to the appeal, application, referral or request to which the hearing relates agree that the hearing should be conducted in the English language. | ||
(b) Where an oral hearing relates to development wholly or partly outside the Gaeltacht, the hearing shall be conducted in the English language, unless the parties to the appeal, application, referral or request to which the hearing relates agree that the hearing should be conducted in the Irish language. |