Planning and Development Act 2024
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Notification of decision of planning authority | ||
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100. (1) A planning authority shall, not later than 3 working days from its having made a decision under section 98 , give such notice as may be prescribed of that decision. | ||
(2) (a) A notice under subsection (1) shall— | ||
(i) state the main reasons and considerations on which the decision to which the notice relates is based, | ||
(ii) where conditions are imposed in relation to the grant of any permission, state the main reasons for the imposition of any such conditions, | ||
(iii) where the planning authority decides to grant a permission in accordance with section 99 , the main reasons and considerations for granting permission for development that materially contravenes the development plan, and | ||
(iv) where the planning authority decides to grant permission upon an application that was accompanied by an environmental impact assessment report— | ||
(I) state that the planning authority is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made, | ||
(II) include a summary of— | ||
(A) the outcome of any consultations that took place for the purposes of the environmental impact assessment, | ||
(B) the information collected for the purposes of the environmental impact assessment, | ||
(C) submissions (if any) received from a Transboundary Convention state, and | ||
(D) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision. | ||
(b) Where a decision under section 98 does not follow a recommendation in a report to the chief executive (or such other person delegated to make the decision) prepared in relation to the planning application concerned by a person duly authorised to prepare such report by the planning authority, a statement under paragraph (a) shall specify the main reasons for not following the recommendation. | ||
(3) (a) Where— | ||
(i) a planning authority decides to grant permission under section 98 , | ||
(ii) the decision concerned is not appealed under this Part, and | ||
(iii) no application for leave to appeal the decision under this Part is made, | ||
the planning authority shall grant the permission as soon as may be after the expiration of the period for the bringing of an appeal from the decision. | ||
(b) Where— | ||
(i) a planning authority decides to grant permission under section 98 , | ||
(ii) the decision is appealed under this Part or an application for leave to appeal the decision under this Part is made, and | ||
(iii) the appeal or application for leave to appeal is withdrawn, or dismissed or refused by the Commission, | ||
the planning authority shall grant the permission as soon as may be after the withdrawal, dismissal or refusal, and where more than one appeal under this Part from the decision is brought or more than one such application is made, the planning authority shall not grant the permission unless and until all such appeals or applications are so withdrawn, dismissed or refused. | ||
(c) Where— | ||
(i) a planning authority decides to grant permission under section 98 , and | ||
(ii) on appeal under this Part from the decision, the Commission gives a direction under section 112 , | ||
the planning authority shall grant the permission as soon as may be after the date of the direction. | ||
(4) A planning authority shall, when giving notice of a decision in accordance with this section— | ||
(a) publish (if it has not already done so) its determination in relation to any appropriate assessment carried out in relation to the development or proposed development to which the decision applies, | ||
(b) comply (if it has not already done so) with— | ||
(i) subsection (13) of section 219 , where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies, or | ||
(ii) paragraph (b) of subsection (8), and subsection (16), of section 221 , where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies, | ||
and | ||
(c) comply (if it has not already done so) with subsection (8) of section 236 , where an environmental impact assessment was carried out in relation to the development or proposed development to which the decision applies. | ||
(5) A planning authority shall enter particulars of a decision under section 98 in the register. |