Planning and Development Act 2024

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Paragraph (b) of subsection (1) of section 410: supplemental provisions

414. (1) The Commission may, at its absolute discretion and at any time before making a decision on a scheme or proposed road development referred to in paragraph (b) of subsection (1) of section 410 —

(a) request further submissions or observations from any person who made submissions or observations in relation to the scheme or proposed road development, or any other person who may, in the opinion of the Commission, have information which is relevant to its decision on the scheme or proposed road development, or

(b) hold meetings with the road authority or any other person where it appears to the Commission to be necessary or expedient for the purpose of—

(i) making a decision on the scheme or proposed road development, or

(ii) resolving any issue with the road authority or any disagreement between the authority and any other person, including resolving any issue or disagreement in advance of an oral hearing.

(2) Where the Commission holds a meeting in accordance with paragraph (b) of subsection (1), it shall keep a written record of the meeting and make that record available for inspection.

(3) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint any person to hold a meeting referred to in paragraph (b) of subsection (1).

(4) The Commission may—

(a) if it considers it necessary to do so, require a road authority that has submitted a scheme under section 49 of the Act of 1993 or made an application for approval under section 51 of that Act to furnish to the Commission such further information in relation to—

(i) the effects on the environment of the proposed scheme or road development, or

(ii) the consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development,

as the Commission may specify, or

(b) if it is provisionally of the view that it would be appropriate to approve the scheme or proposed road development were certain alterations (specified in the notification referred to in this paragraph) to be made to the terms of it, notify the road authority that it is of that view and invite the authority to make to the terms of the scheme or proposed road development under the Act of 1993 alterations specified in the notification and, if the authority makes those alterations, to furnish to the Commission such information (if any) as it may specify in relation to the scheme or road development, in the terms as so altered or, where necessary, a revised environmental impact assessment report in respect of it.

(5) If a road authority makes the alterations to the terms of the scheme or proposed road development specified in a notification given to it under subsection (4), the terms of the scheme or road development as so altered shall be deemed to be the scheme or proposed road development for the purposes of sections 49, 50 and 51 of the Act of 1993.

(6) The Commission shall—

(a) where it considers that any further information received pursuant to a requirement made under paragraph (a) of subsection (4) contains significant additional data relating to—

(i) the likely effects on the environment of the scheme or proposed road development, and

(ii) the likely consequences for proper planning and sustainable development in the area or areas in which it is proposed to situate the said scheme or road development of such scheme or road development,

or

(b) where the road authority has made the alterations to the terms of the proposed development specified in a notification given to it under paragraph (b) of subsection (4),

require the authority to do the things referred to in subsection (7).

(7) The things which a road authority shall be required to do as aforesaid are—

(a) to publish in at least one newspaper a notice stating that, as appropriate—

(i) further information in relation to the scheme or proposed road development has been furnished to the Commission, or

(ii) the road authority has, pursuant to an invitation of the Commission, made alterations to the terms of the scheme or proposed road development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the scheme or road development as so altered or a revised environmental impact assessment report in respect of the scheme or development has been furnished to the Commission,

indicating the times at which, the period (which shall not be less than 3 weeks) during which and the place, or places, where a copy of the information or the environmental impact assessment report referred to in subparagraph (i) or (ii) may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy) and that submissions or observations in relation to that information, report or statement may be made to the Commission before the expiration of the indicated period, and

(b) to send to each body or prescribed authority to which a notice was given pursuant to paragraph (b) or (c) of subsection (3) of section 51 of the Act of 1993—

(i) a notice of the furnishing to the Commission of, as appropriate, the further information referred to in subparagraph (i) of paragraph (a) or the information, report or statement referred to in subparagraph (ii) of paragraph (a), and

(ii) a copy of that further information, information, report or statement,

and to indicate to the body or authority that submissions or observations in relation to that further information, information, report or statement may be made to the Commission before the expiration of a period (which shall be not less than 3 weeks) beginning on the day on which the notice is sent to the prescribed authority by the road authority.

(8) The Commission shall, in making its decision in respect of a scheme or proposed road development, have regard to any information submitted on foot of a notice under subsection (4), including any revised environmental impact assessment report or any submissions or observations made on foot of a request under subsection (1) or a notice under subsection (7).