Planning and Development Act 2024

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Material alteration of permission

143. (1) Subject to this Part and Part 6 , the deciding authority may, in relation to a request under section 140 to make an alteration or grant an extension that is a material alteration (in this Chapter referred to as a “material alteration request”), decide to—

(a) make the alteration, or grant the extension, subject to such conditions (if any) as may be imposed under section 87 ,

(b) make the alteration or grant the extension, subject to such modifications to the terms of the alteration or to the duration of the extension, as the case may be, as the deciding authority considers appropriate, and such conditions (if any) as may be imposed under section 87 , or

(c) refuse to make the alteration or grant the extension.

(2) For the purpose of making a decision under subsection (1) the deciding authority shall have regard to any submissions made in accordance with section 144 or 145 , as the case may be.

(3) In making a decision under subsection (1) in relation to a material alteration request to alter or extend a permission for maritime development, the deciding authority shall, in addition to the matters set out in section 86 , have regard to—

(a) any social or economic benefit that would likely accrue to the State or a part of the State by virtue of the making of the alteration or granting of the extension requested,

(b) contractual commitments entered into by the person who made the material alteration request in relation to the development concerned, and

(c) the extent to which the development concerned has already been advanced in accordance with the permission.

(4) A deciding authority shall give notice of a decision under subsection (1) in such form and manner, and to such persons, as may be prescribed.

(5) A notice under subsection (4) shall—

(a) state the main reasons and considerations for the decision,

(b) state the main reasons for the imposition of any conditions under section 87 ,

(c) where the deciding authority decides to make an alteration or grant an extension in accordance with section 148 , state the main reasons and considerations for the decision in material contravention of the development plan or National Marine Planning Framework, as the case may be,

(d) where a decision is made to alter or extend a permission and an environmental impact assessment is required—

(i) state that the deciding authority is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision was made, and

(ii) include a summary of—

(I) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(II) the information collected for the purposes of the environmental impact assessment,

(III) submissions (if any) received from a Transboundary Convention state, and

(IV) the manner in which the outcome, the information and such submissions were taken account of in the making of the decision,

and

(e) where the decision does not follow a recommendation in a report prepared by a person assigned to report on the material alteration request on behalf of the deciding authority, specify the main reasons for not following the recommendation.

(6) Where the deciding authority is—

(a) a planning authority, subsection (4) of section 100 shall apply as if the notice of a decision referred to in that subsection were a notice of a decision referred to in subsection (4), or

(b) the Commission, subsection (7) of section 125 shall apply as if the notice of a decision referred to in that subsection were a notice of a decision referred to in subsection (4).

(7) An appeal may be made under Chapter 3 against a decision of a planning authority under subsection (1) as if the decision was a decision under section 98 , and Chapter 3 shall apply accordingly for the purposes of such an appeal, subject to the following modifications—

(a) any such appeal shall be confined to an appeal regarding the alteration or extension requested, and references to the development or proposed development shall be construed as references to the alteration or extension requested,

(b) a reference to a decision of the planning authority under section 98 , shall be construed as a reference to the decision of the planning authority under subsection (1),

(c) a reference to a decision granting permission or a decision to grant permission shall be construed as a reference to a decision to make an alteration or grant an extension of the duration of the permission under subsection (1), as the case may be,

(d) a reference to a decision refusing permission or a decision to refuse to grant permission shall be construed as a reference to a decision to refuse to make an alteration or grant an extension of the duration of the permission under subsection (1),

(e) a reference to an applicant for permission shall be construed as a reference to the person who made the request referred to in subsection (1),

(f) a reference to a planning application or application for permission shall be construed as a reference to the request referred to in subsection (1), other than in subsection (3) of section 109 where the reference to the “application for permission concerned” shall be construed as a reference to the application for permission the subject of the request referred to in subsection (1),

(g) paragraph (b) of subsection (4) of section 103 , and subsections (5) and (6) of section 103 shall not apply,

(h) in section 109 , a reference to modifications to the proposed development shall be construed as modifications to the alteration or modifications to the extension the subject of the request referred to in subsection (1),

(i) in section 110 , a reference to section 99 shall be construed as a reference to section 148 , and the reference to subsection (3) of section 99 , shall be construed as a reference to subsection (4) of section 148 , and

(j) all other necessary modifications.

(8) (a) Where—

(i) a planning authority decides to make an alteration or grant an extension under subsection (1),

(ii) the decision concerned is not appealed under subsection (7), and

(iii) no application for leave to appeal the decision under this Part is made,

the planning authority shall make the alteration or grant the extension 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 make an alteration or grant an extension under subsection (1),

(ii) the decision is appealed under subsection (7) 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 make the alteration or grant the extension as soon as may be after the withdrawal, dismissal or refusal, and where more than one appeal from the decision is brought or more than one such application is made, the planning authority shall not make the alteration or grant the extension unless and until all such appeals or applications are so withdrawn, dismissed or refused.

(c) Where—

(i) a planning authority decides to make an alteration or grant an extension under subsection (1), and

(ii) on appeal under subsection (7) from the decision, the Commission gives a direction under section 112 ,

the planning authority shall make the alteration or grant the extension as soon as may be after the date of the direction.

(9) Where the deciding authority is the Commission and it decides to make an alteration or grant an extension under subsection (1), it shall make the alteration or grant the extension as soon as practicable after the making of the decision.

(10) Where the deciding authority is the Commission, it shall notify the planning authority in whose functional area the development the subject of the permission altered or extended is situated or proposed to be situated of the alteration or extension.

(11) Particulars of the making of an alteration or granting of an extension under section 142 or this section, or by the Commission on an appeal under subsection (7), and, where applicable, of compliance with the requirements of section 148 , shall be entered in the register.