Planning and Development Act 2024
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Mandatory declaration by certain participants in planning process | ||
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588. (1) A submission or observation under Part 4 or 6 shall be accompanied by a declaration in such form as may be prescribed made by the person making the submission or observation stating that the submission or observation is not made for the purpose of— | ||
(a) delaying the carrying out of any development or proposed development, or | ||
(b) securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person. | ||
(2) An appeal to the Commission from a decision of a planning authority under Part 4 shall be accompanied by a declaration in such form as may be prescribed made by the person bringing the appeal (except where the appeal is brought by the applicant for permission concerned) stating that the appeal is not brought for the purpose of— | ||
(a) delaying the carrying out of any development or proposed development, or | ||
(b) securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person. | ||
(3) A person who brings proceedings for judicial review of a grant of permission shall provide the High Court with a declaration in such form as may be prescribed made by the person stating that the proceedings are not brought for the purpose of— | ||
(a) delaying the carrying out of any development or proposed development, or | ||
(b) securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person. | ||
(4) (a) A notification by a person to a planning authority or the Commission that he or she is withdrawing a submission or observation under Part 4 or 6 shall be accompanied by a declaration in such form as may be prescribed made by the person that the withdrawal of the submission or observation is not for the purpose of securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person. | ||
(b) A notification by a person to the Commission that he or she is withdrawing an appeal under Part 4 shall be accompanied by a declaration in such form as may be prescribed made by the person that the withdrawal of the appeal is not for the purpose of securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person. | ||
(5) A notification by a person to the High Court that he or she is withdrawing proceedings for judicial review of a grant of permission shall be accompanied by a declaration in such form as may be prescribed made by the person that the withdrawal of the proceedings is not for the purpose of securing the payment of any consideration to, or the doing of any other thing for the benefit of, any person. | ||
(6) A person who— | ||
(a) fails to comply with this section, or | ||
(b) in purported compliance with this section, makes a declaration that is false or misleading in any material respect, knowing it to be so false or misleading, | ||
shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both. |