Planning and Development Act 2024

Chapter 4

Planning Commissioners

Planning Commissioners

505. (1) The Planning Commissioners shall be composed of—

(a) the Chief Planning Commissioner,

(b) the Deputy Chief Planning Commissioner, and

(c) subject to subsection (2) of section 509 , and subsections (3) and (6) of this section, 13 ordinary planning commissioners.

(2) The Planning Commissioners shall—

(a) perform the functions of the Commission under this Act or any other enactment, save where the function is assigned to the Governing Board, by order, under subsection (4) of section 497 , and

(b) in particular, consider and determine an appeal, application, referral or request required to be considered and determined by the Commission under this Act or any other enactment.

(3) The Minister may by order increase the number of ordinary planning commissioners that may be appointed above 13, where the Minister is of the opinion that the number of appeals, applications, referrals or requests being considered by the Commission necessitates the appointment of additional ordinary planning commissioners to enable the Commission to fulfil its functions.

(4) An order made under subsection (3) shall have effect for the period (which shall not exceed 5 years) specified in the order.

(5) Subject to subsection (6), where a vacancy occurs or is due to occur among the Planning Commissioners, the Minister or the Governing Board (as the case may be) shall, as soon as may be, take steps to appoint a person to fill the vacancy in accordance with this Chapter.

(6) Subject to subsections (1) and (2) of section 513 , the Governing Board or the Minister, as the case may be, shall not fill a vacancy among the ordinary planning commissioners where it, or he or she, is of the opinion that the number of appeals, applications, referrals or requests being considered by the Commission, or the balance of expertise existing among the Planning Commissioners, does not necessitate the filling of the vacancy to enable the Commission to fulfil its functions.

(7) The Planning Commissioners shall—

(a) comply with procedures approved under section 503 , and

(b) be independent in the performance of their functions under this Act or any other enactment.