Planning and Development Act 2024

• Permanent Page URL

Objective of Commission in relation to section 423 functions

432. (1) Subject to subsections (2) to (5), the Commission shall determine any matters in accordance with the section 423 functions—

(a) within a period of 18 weeks beginning on the last day for making objections, observations or submissions, as the case may be, in accordance with the relevant enactment referred to in paragraphs (a) to (e) of subsection (1) of section 423 , or

(b) the matter is determined within such other period as the Minister may prescribe in relation to paragraph (a), either generally or in respect of a particular class or classes of matter.

(2) (a) Where it appears to the Commission that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Commission is concerned, to determine the matter within the period prescribed under subsection (1), the Commission shall, by notice in writing served on any local authority involved and any other person who submitted objections, representations, submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Commission intends that the matter shall be determined.

(b) Where a notice has been served under paragraph (a), the Commission shall take all such steps as are open to it to ensure that the matter is determined before the date specified in the notice.

(3) The Minister may by regulations vary the period as specified in subsection (2) either generally or in respect of a particular class or classes of matters with which the Commission is concerned, in accordance with the section 423 functions, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.

(4) Where the Minister considers it to be necessary or expedient that certain functions of the Commission (being section 423 functions) performable in relation to matters of a class or classes that—

(a) are of special strategic, economic or social importance to the State, and

(b) are submitted to the Commission for the performance by it of such functions,

be performed as expeditiously as is consistent with proper planning and sustainable development, he or she may give a direction to the Commission that in the performance of the functions concerned priority be given to matters of the class or classes concerned, and the Commission shall comply with such direction.

(5) Subsection (1) shall not apply in relation to the functions referred to in paragraph (a) of subsection (1) of section 423 in so far as they relate to any enactment referred to in subparagraph (i), (iii) or (iv) of paragraph (a) of subsection (1) of section 423 .

(6) For the purposes of meeting its duty under this section, the Chief Planning Commissioner may, or shall when so directed by the Minister, assign the section 423 functions to a particular division of the Commission in accordance with section 514 .

(7) The Commission shall include in each report made under section 522 a statement of the number of matters which the Commission has determined within a period referred to in paragraph (a) or (b) of subsection (1) and such other information as to the time taken to determine such matters as the Minister may direct.

(8) The Minister may by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of the functions referred to in paragraph (a) or (b) of subsection (1) of section 423 as appear to the Minister to be necessary or expedient.