Planning and Development Act 2024
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Prohibition on requesting payment in consideration of not opposing development | ||
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587. (1) A person (in this section referred to as the “requester”) shall not request another person to— | ||
(a) make a payment of any sum of money or benefit in kind to the requester or any person named by the requester, or | ||
(b) do any other thing for the purpose of the conferral of a financial or other economic benefit on the requester or any person named by the requester, | ||
in consideration of the requester or any other person agreeing not to— | ||
(i) make a submission or observation under Part 4 or 6 in relation to an application for permission, | ||
(ii) appeal a grant of permission to the Commission, or | ||
(iii) bring proceedings for judicial review of a grant of permission. | ||
(2) A person (in this section also referred to as the “requester”) shall not request another person to— | ||
(a) make a payment of any sum of money or benefit in kind to the requester or any person named by the requester, or | ||
(b) do any other thing for the purpose of the conferral of a financial or other economic benefit on the requester or any person named by the requester, | ||
in consideration of the requester or any other person agreeing to— | ||
(i) withdraw a submission or observation under Part 4 or 6 in relation to an application for permission, | ||
(ii) withdraw, or otherwise not continue to proceed with, an appeal to the Commission from a grant of permission, or | ||
(iii) withdraw, or otherwise not continue to prosecute, proceedings for judicial review of a grant of permission. | ||
(3) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both. | ||
(4) (a) The High Court may— | ||
(i) upon the application of an applicant for permission, and | ||
(ii) if satisfied that— | ||
(I) in connection with a submission or observation in relation to that application for permission, a request (whether or not made before the making of the submission or observation) was made in contravention of subsection (1) or (2), and | ||
(II) the interests of justice so require, | ||
give a direction to the planning authority requiring it to disregard that submission or observation when making a decision in relation to the application for permission under Chapter 3 or 5 of Part 4. | ||
(b) A planning authority shall comply with a direction given to it under paragraph (a). | ||
(c) The applicant for permission shall, not later than 7 days before the making of an application under this subsection, inform the planning authority in writing of his or her intention to make such application. | ||
(d) The period from the making of an application under this subsection to the final determination of that application shall not be reckonable for the purposes of calculating the period within which the planning authority is required to make a decision under section 98 in relation to the application for permission concerned. | ||
(5) (a) The High Court may— | ||
(i) upon the application of an applicant for permission, and | ||
(ii) if satisfied that— | ||
(I) in connection with a submission or observation in relation to that application for permission, a request (whether or not made before the making of the submission or observation) was made in contravention of subsection (1) or (2), and | ||
(II) the interests of justice so require, | ||
give a direction to the Commission requiring it to disregard that submission or observation when making a decision in relation to the application for permission under Chapter 4 or 5 of Part 4. | ||
(b) The Commission shall comply with a direction given to it under paragraph (a). | ||
(c) The applicant for permission shall, not later than 7 days before the making of an application under this subsection, inform the planning authority in writing of the making of that application. | ||
(d) The period from the making of an application under this subsection to the final determination of that application shall not be reckonable for the purposes of calculating the period within which the Commission is required to make a decision under section 123 in relation to the application for permission concerned. | ||
(6) (a) The High Court may— | ||
(i) upon the application of the respondent to an appeal to the Commission from a grant of permission by a planning authority, and | ||
(ii) if satisfied that— | ||
(I) in connection with that appeal, a request (whether or not made before the bringing of the appeal) was made in contravention of subsection (1) or (2), and | ||
(II) the interests of justice so require, | ||
give a direction to the Commission requiring it to dismiss the appeal. | ||
(b) The Commission shall comply with a direction given to it under paragraph (a). | ||
(c) The respondent to an appeal referred to in subparagraph (i) of paragraph (a) shall, not later than 7 days before the making of an application under this subsection, inform the Commission in writing of the making of that application. | ||
(d) The period from the making of an application under this subsection to the final determination of that application shall not be reckonable for the purposes of calculating the period within which the Commission is required to make a decision under section 109 in relation to the appeal concerned. | ||
(7) The High Court shall dismiss proceedings for judicial review of a grant of permission if satisfied that— | ||
(a) in connection with those proceedings, a request (whether or not made before the bringing of those proceedings) was made in contravention of subsection (1) or (2), and | ||
(b) the interests of justice so require. | ||
(8) This section shall not apply to a request made by the owner or occupier of land or a maritime site if— | ||
(a) the request is made in good faith for the purpose of compensation for loss (in whole or in part) of enjoyment of that land or maritime site by that owner or occupier, and | ||
(b) such loss of enjoyment of the land or maritime site is, or is likely to be, occasioned by the development or proposed development concerned. |