Planning and Development Act 2024
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Procedural powers of planning authority in relation to material alteration request | ||
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144. (1) Where the deciding authority is a planning authority, any person may, upon payment of the prescribed fee, make a submission in writing to a planning authority in relation to a material alteration request, in such manner and within such period as may be prescribed. | ||
(2) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before making a decision on a material alteration request, a planning authority may request the person who made the material alteration request to submit, in such manner and within such period as may be prescribed— | ||
(a) further information to the planning authority where, in the opinion of the planning authority, that information is necessary to enable it to make the decision, or | ||
(b) revised particulars, plans or drawings in relation to the development or proposed development, where the planning authority is considering making the alteration or granting the extension subject to the person submitting such revised particulars, plans or drawings. | ||
(3) Without prejudice to subsection (1) of section 235 , where the planning authority receives submissions, further information, or revised particulars, plans or drawings under subsection (1) or (2), or any other provision of this Act or regulations under this Act that it considers contain or contains additional material information (including information in relation to the effect of the proposed development on a European site or otherwise on the environment), it shall— | ||
(a) make the additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and | ||
(b) notify the person who made the material alteration request that he or she is required to give notice (in such manner and within such period as may be prescribed) to the public— | ||
(i) that the additional material information is available for inspection, | ||
(ii) of the place where the additional material information may be inspected, and | ||
(iii) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed. | ||
(4) Where the person who made the material alteration request fails to submit the further information in accordance with paragraph (a) of subsection (2) or fails to comply with a requirement under paragraph (b) of subsection (3) within such period as may be prescribed, the material alteration request shall be deemed to have been withdrawn. | ||
(5) Where the person who made the material alteration request fails to submit the revised particulars, plans or drawings referred to in paragraph (b) of subsection (2) within such period as may be prescribed, the planning authority may— | ||
(a) extend that period, where it considers it appropriate to do so, or | ||
(b) without further notice to the person, consider, and perform its functions in relation to, the material alteration request as if the person had not been requested to submit the revised particulars, plans or drawings under paragraph (b) of subsection (2). |