Planning and Development Act 2024
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Chapter 3 Appropriate Assessment of Development and Proposed Development | ||
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Interpretation | ||
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208. (1) In this section— | ||
“competent authority” means— | ||
(a) in relation to relevant development for which permission is required under Chapter 3 of Part 4 , the planning authority to which an application for such permission is required to be made, | ||
(b) in relation to relevant development in respect of which a decision— | ||
(i) under section 98 has been made, and | ||
(ii) that is appealed or appealable under section 103 , | ||
the Commission, | ||
(c) in relation to proposed development for which permission is required under Chapter 4 of Part 4 , the Commission, | ||
(d) in relation to development for which retrospective consent is required under Chapter 4 of Part 4 , the Commission, | ||
(e) in relation to a request for an alteration of the terms or extension of the duration of a permission under subsection (1) of section 140 , the deciding authority to which the request under section 140> is made or, where a decision under section 143 in respect of the request is appealed under subsection (7) of section 143 , the Commission, | ||
(f) for the purpose of carrying out a screening for appropriate assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140 ) consisting of local authority development, the local authority concerned, | ||
(g) for the purpose of carrying out a screening for appropriate assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140 ) consisting of State authority development, the State authority concerned, | ||
(h) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which a request under section 10 is made, the planning authority to which the request is made, and | ||
(i) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which an appeal under section 10 is brought, the Commission; | ||
“screening for appropriate assessment” means, in relation to a relevant development, an assessment carried out in accordance with section 212 , 213 or 214 . | ||
(2) A word or expression that is used in this Chapter and in the Habitats Directive has the meaning in this Chapter that it has in that directive. | ||
(3) A word or expression that is used in this Chapter and in the Birds Directive has the meaning in this Chapter that it has in that directive. | ||
(4) This Chapter shall be construed in accordance with the Habitats Directive and the Birds Directive. |