Planning and Development Act 2024
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Supplementary provisions in relation to conduct of preliminary examination or review | ||
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552. (1) The Office may appoint a person (in this section referred to as an “appointed person”) to carry out all or part of a review or preliminary examination under section 551 . | ||
(2) The planning authority, regional assembly or the Commission shall cooperate and comply with a request of the Office or an appointed person in relation to the matters which are the subject of the review or preliminary examination. | ||
(3) It is the duty of each member of a planning authority or a regional assembly, each Planning Commissioner or member of the Governing Board of the Commission and each member of staff of the planning authority, regional assembly or Commission, to cooperate with the Office or an appointed person in the conduct of a review or preliminary examination. | ||
(4) Without prejudice to the generality of subsections (2) and (3), the planning authority, regional assembly or Commission shall give the Office or an appointed person such information or documents relating to the performance by the planning authority, regional assembly or Commission of its functions as the Office or the appointed person may request, in such manner or form, and within such period, as may be prescribed or, where no such manner, form or period is prescribed, as the Office or appointed person shall specify. | ||
(5) Each of the following bodies may, for the purposes of a review or preliminary examination under this Chapter, disclose information, records or documents (including personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201622 ) in its possession to the Office or an appointed person relating to matters that are the subject of that review or examination: | ||
(a) a Department of State; | ||
(b) the Office of the Comptroller and Auditor General; | ||
(c) the Office of the Ombudsman; | ||
(d) the Local Government Management Agency; | ||
(e) the National Oversight and Audit Commission; | ||
(f) the Commission; | ||
(g) a regional assembly; | ||
(h) a local authority; | ||
(i) a body (other than a company) established by or under statute; | ||
(j) a company established pursuant to a power conferred by or under an enactment, and financed wholly or partly by— | ||
(i) moneys provided, or loans made or guaranteed, by a Minister of the Government, or | ||
(ii) the issue of shares held by or on behalf of a Minister of the Government; | ||
(k) a company, a majority of the shares in which are held by or on behalf of a Minister of the Government. | ||
(6) A member of the staff of the Office or an appointed person, accompanied by such other persons as he or she considers appropriate in the circumstances, is entitled, for the purposes of a review or preliminary examination under this Chapter, at all reasonable times to enter and inspect any land, maritime site, premises or structure (other than a dwelling or the curtilage of a dwelling) which is owned, used, controlled or managed by a planning authority or a regional assembly or the Commission and, without prejudice to the generality of subsections (2) and (3), shall— | ||
(a) be afforded every facility and cooperation by the planning authority or regional assembly or the Commission, including the giving of information which the member of staff or appointed person may reasonably request, | ||
(b) have access to all documents, records, or other information which the member of staff or appointed person may reasonably request, and | ||
(c) be afforded facilities to make notes from, or to take copies of, any such documents or records. | ||
(7) In subsection (6), “curtilage”, in relation to a dwelling, means an area immediately surrounding or adjacent to the dwelling and used in conjunction with the dwelling other than any part of the area to which the public have access whether as of right or by permission and whether subject to or free of charge. | ||