Planning and Development Act 2024
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Withdrawal and invalidity of appeals, applications, referrals or requests | ||
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375. (1) A person (including a planning authority) who has made an appeal, application, referral or request may withdraw it, in writing, at any time before it is determined by the Commission. | ||
(2) Without prejudice to subsection (1), where the Commission is of the opinion that an appeal, application, referral or request has been abandoned, the Commission may serve on the person who made it a notice stating that opinion. | ||
(3) A notice under subsection (2) shall require the person on whom it is served to make a submission to the Commission as to why the appeal, application, referral or request should not be regarded as having been abandoned, and such submission shall be made within the period specified in the notice (which shall be not less than 2 weeks and not more than 4 weeks from the date of service of the notice). | ||
(4) Where a notice has been served under subsection (2), the Commission may, at any time after the expiry of the period specified in the notice, declare that the appeal, application, referral or request shall be regarded as having been withdrawn. | ||
(5) In making a declaration under subsection (4), the Commission shall have regard to the submissions (if any) made within the period specified in the notice. | ||
(6) Where— | ||
(a) a person withdraws an appeal, application, referral or request under subsection (1), | ||
(b) the Commission declares that an appeal, application, referral or request is regarded as having been withdrawn under subsection (4), or | ||
(c) an appeal, application, referral or request is invalid under subsection (3) of section 360 or any class-specific provision, and the invalidity has not been remedied or the appeal, application, referral or request otherwise permitted to proceed in accordance with any class-specific provision, | ||
the Commission shall not consider the appeal, application, referral or request further and shall give notice to each party to the appeal, application, referral or request, and any person who made, and did not withdraw, submissions in relation to the appeal, application, referral or request, that the appeal, application, referral or request has been withdrawn, declared withdrawn or is invalid, and the notice shall state the reasons for the declaration or invalidity. | ||
(7) Particulars of a notice under subsection (6) shall be entered in the register. | ||
(8) In this section— | ||
“application” includes a submission of a scheme for approval under section 49 of the Roads Act 1993 , an application for approval under section 51 of the Roads Act 1993 , and an application for a railway order under section 37 of the Transport (Railway Infrastructure) Act 2001 ; | ||
“party” includes a person who submitted a scheme for approval under section 49 of the Roads Act 1993 , made an application for approval under section 51 of the Roads Act 1993 or made an application for a railway order under section 37 of the Transport (Railway Infrastructure) Act 2001 , and the planning authority in whose functional area the development the subject of the submission or application is situated. |