Planning and Development Act 2024

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Determination of appeal

614. (1) Following consideration of an appeal against a decision under section 609 , the Commission may—

(a) subject to subsection (3), approve the making of the development scheme, with or without any modifications in accordance with this Part, or

(b) refuse to approve the making of the development scheme.

(2) In considering an appeal under this section the Commission shall consider the proper planning and sustainable development of the area, the provisions of the development plan in the area to which the scheme relates, the provisions of the housing strategy prepared in accordance with Part 7 , any relevant National Planning Statement, the provisions of any special amenity area order, the conservation and preservation of any European site in the area to which the scheme relates, and, where appropriate—

(a) the effect the scheme would have on any land contiguous to the area to which the scheme relates,

(b) the effect the scheme would have on any land outside the functional area of the planning authority, and

(c) any other consideration relating to development outside the functional area of the planning authority, including any area outside the State.

(3) The Commission shall not approve the making of the development scheme with a modification under this section where it determines that the making of the modification would constitute the making of a material change in the overall objectives of the development scheme or would be inconsistent with the planning framework.

(4) Where the Commission approves the making of a development scheme without any modification in accordance with paragraph (a) of subsection (1), the planning authority shall, as soon as practicable, publish a notice of the approval of the scheme in at least one newspaper circulating in its functional area, stating that a copy of the development scheme is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

(5) Where the Commission approves the making of a development scheme with a modification in accordance with this Chapter and subject to any obligations that may arise under Part 6 , the Commission shall—

(a) notify the planning authority, or each planning authority for the area or areas concerned, of the modification, and

(b) in the case of a modification to which section 617 applies, notify any person who made a submission or observation in accordance with paragraph (c) of subsection (3) of that section.

(6) A failure to comply with subsection (4) of section 617 or subsection (1) of section 618 within the period specified, or referred to, in that subsection, in relation to an appeal from a decision under section 609 , shall not affect the validity of the determination of that appeal under this section.

(7) Where the Commission approves the making of a development scheme with or without a modification following the determination of an appeal under this section the scheme shall be deemed to form part of any development plan or any urban area plan, priority area plan or coordinated area plan in force in the area to which the scheme relates until the scheme is revoked, and any contrary provisions of a development plan or any urban area plan, priority area plan or coordinated area plan in force in the area to which the scheme relates shall be superseded.