Planning and Development Act 2024
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Report and information to be furnished by appropriate planning authority | ||
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121. (1) Subject to subsection (4) of section 115 , where the appropriate planning authority receives a copy of an application for permission for Chapter 4 development, the planning authority shall prepare and submit to the Commission a report setting out the views of the planning authority in relation to the proposed development, having regard in particular to the matters specified in section 86 . | ||
(2) Where the application is for retrospective consent, the report under subsection (1) shall include the following: | ||
(a) information relating to development (including development other than the development which is the subject of the application) carried out on the site where the development that is the subject of the application took place or is proposed to take place, and any application for permission made in relation to the site and the outcome of the application; | ||
(b) information relating to any warning letter, enforcement notice (within the meaning of Part 11 ) or proceedings relating to offences under this Act that relate to the applicant; | ||
(c) where the proposed development is or includes land-based development, information regarding the relevant provisions of the development plan and any urban area plan, priority area plan or coordinated area plan as they affect the site and the type of development concerned; | ||
(d) where the proposed development is or includes maritime development, information regarding the relevant provisions of the National Maritime Planning Framework as they affect the site and the type of development concerned; | ||
(e) any information that the planning authority may have concerning— | ||
(i) current, anticipated or previous significant effects on the environment, or on a European site associated with the development that is the subject of the application or the site where the development took place or is proposed to take place and, if relevant, the area surrounding or near the development or site, or | ||
(ii) any remedial measures recommended or undertaken; | ||
(f) the opinion, including reasons therefor, of the chief executive of the planning authority as to— | ||
(i) whether or not permission should be granted for the development, and | ||
(ii) the conditions, if any, that should be attached to any grant of permission. | ||
(3) The chief executive of the appropriate planning authority shall, before any report of the planning authority in relation to a proposed development is submitted to the Commission under subsection (1), submit the report to the members of the planning authority and seek the views of the members on the proposed development. | ||
(4) (a) The members of the appropriate planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the planning authority. | ||
(b) Where the members pass a resolution under paragraph (a) the recommendations specified in that resolution (together with the meetings administrator’s record) shall be attached to the report submitted to the Commission under subsection (1). | ||
(c) In this subsection “the meetings administrator’s record” means a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001 ) of the views expressed by the members on the proposed development. | ||
(5) Subject to subsection (4) of section 115 , in addition to the report referred to in subsection (1), the Commission may, where it considers it necessary to do so, require the appropriate planning authority or any planning authority on whose functional area the proposed development would have a significant effect to furnish to the Commission such information as it may specify in relation to— | ||
(a) the implications of the proposed development for proper planning and sustainable development in the functional area concerned, | ||
(b) the likely effects of the proposed development on the environment, or | ||
(c) where the proposed development is or includes maritime development, the implications of the proposed development for maritime spatial planning. |