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Revocation or modification of planning permission for certain reasons
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27. The Principal Act is amended by inserting the following section:
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“44A.(1) The Minister may, upon the request of the Minister for Justice and Equality, the Minister for Foreign Affairs and Trade or the Minister for Defence and with the approval of the Government, make an order revoking or modifying a grant of permission under this Act if he or she is satisfied that—
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(a) the carrying out of the development to which the grant of permission relates is likely to be harmful to—
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(i) the security or defence of the State, or
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(ii) the State’s relations with other states,
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and
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(b) the revocation or modification concerned is necessary in the public interest.
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(2) The Minister may, before making an order under this section, consult with—
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(a) the planning authority that granted the permission concerned,
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(b) the person to whom the permission was granted, or
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(c) any other person who, in the opinion of the Minister, is likely to be materially affected by the making of such order,
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but shall not so consult if he or she considers that to do so would be harmful to the security or defence of the State or to the State’s relations with other states.
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(3) This section shall apply to permissions whether granted before, on or after the passing of the Planning and Development (Amendment) Act 2018.
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(4) Where an order is made under this section, the planning authority that granted the permission to which the order relates shall, within such period as may be specified in the order, serve—
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(a) a notice in writing on—
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(i) the person to whom the permission concerned was granted, and
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(ii) any other person specified in the order,
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informing him or her of the revocation or modification effected by the order, and
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(b) a notice in writing—
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(i) in the case of development commenced but not completed, on any person carrying out the development in respect of which the permission was granted, or on whose behalf such development is being carried out, requiring him or her to cease the development and restore the land, on which the development concerned is being carried out, to the condition it was in before the development commenced, or
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(ii) in the case of development completed, on any person who carried out the development, or on whose behalf the development was carried out, requiring him or her to restore the land, on which the development concerned was carried out, to the condition it was in before the development was commenced.
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(5) A person on whom a notice is served under paragraph (b) of subsection (4) shall comply with the notice.
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(6) (a) The Minister shall, as soon as practicable after the making of an order under this section, give a copy of the order to the planning authority that granted the permission to which the order relates.
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(b) A planning authority shall, as soon as practicable after the copy of an order has been given to it in accordance with paragraph (a), give a copy of the order to—
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(i) the person to whom the permission to which the order applies was granted, and
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(ii) any other person the Minister may direct.
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(7) A permission to which an order under this section applies shall, upon the making of the order, stand revoked or modified, as may be appropriate, in accordance with the order.
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(8) Any development carried out in contravention of an order under this section shall be an unauthorised development.
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(9) Where the Minister makes an order revoking an order under this section—
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(a) the second-mentioned order shall, for all purposes, be deemed never to have been made, and the register shall be amended accordingly, and
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(b) the period between the making of the second-mentioned order and the first-mentioned order shall not be reckonable for the purpose of calculating the period since the granting of the permission.
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(10) The Minister shall not, in relation to a permission, make an order under this section if the period since the grant of the permission exceeds 5 years.
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(11) The making of an order under this section shall be recorded in the register as soon as may be after it is made.
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(12) (a) Any proceedings before a court relating to an order under this section shall be heard in camera.
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(b) A court before which proceedings relating to an order under this section are heard shall take all reasonable precautions to prevent the disclosure—
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(i) to the public, or
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(ii) where the court considers it appropriate, to any party to the proceedings,
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of any evidence given or document submitted for the purposes of the proceedings, the disclosure of which, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.
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(c) Without prejudice to the generality of paragraph (b), precautions referred to in that paragraph may include—
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(i) the prohibition of the disclosure of such evidence or documentation as the Court may determine, and
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(ii) the hearing, in the absence of any person or persons including any party to the proceedings, of any evidence or the examination of any witness or document that, in the opinion of the Court, could reasonably be considered to be harmful to the security or defence of the State or to the State’s relations with other states.”.
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