Planning and Development Act 2024
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Requirements as to beneficial interests | ||
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574. (1) (a) Paragraph (b) applies where, at a meeting of a planning authority or of any committee of a planning authority, a resolution, motion, question or other matter is proposed or otherwise arises— | ||
(i) pursuant to, or as regards the performance by the planning authority of a function under this Act, or | ||
(ii) in relation to the acquisition or disposal by the planning authority of any land or maritime site under or for the purposes of this Act or any other enactment. | ||
(b) Where this paragraph applies, a member of the planning authority or committee present at the meeting shall, if he or she has a pecuniary or other beneficial interest in, or that is material to, the matter at the meeting, and before discussion or consideration of the matter commences— | ||
(i) disclose the nature of his or her interest, and | ||
(ii) withdraw from the meeting for so long as the matter is being discussed or considered, | ||
and accordingly, he or she shall take no part in the discussion or consideration of the matter and shall refrain from voting in relation to it. | ||
(c) Where a disclosure is made under paragraph (b), particulars of the disclosure and of any subsequent withdrawal from the meeting shall be recorded in the minutes of the meeting. | ||
(2) A member of a planning authority or of any committee of a planning authority who has a pecuniary or other beneficial interest in, or that is material to, a matter arising— | ||
(a) pursuant to or as regards the performance by the planning authority of a function under this Act, or | ||
(b) in relation to the acquisition or disposal by the planning authority of any land or maritime site under or for the purposes of this Act or any other enactment, | ||
shall neither influence nor seek to influence a decision of the planning authority in relation to the matter. | ||
(3) Where any officer of a planning authority has a pecuniary or other beneficial interest in, or that is material to, any matter that arises or comes before the authority— | ||
(a) pursuant to or as regards the performance by the planning authority of a function under this Act, or | ||
(b) in relation to the acquisition or disposal by the planning authority of any land or maritime site under or for the purposes of this Act or any other enactment, | ||
he or she shall, as soon as may be, disclose the nature of his or her interest— | ||
(i) where the officer is not the chief executive, to the chief executive of the planning authority, and | ||
(ii) where the officer is the chief executive, to the members of the planning authority. | ||
(4) Where an officer of a planning authority discloses an interest under subsection (3), he or she shall neither influence nor seek to influence a decision of the authority in relation to the matter and— | ||
(a) where the officer is not the chief executive, he or she shall comply with any directions the chief executive may give him or her in relation to the matter, and | ||
(b) where the officer is the chief executive, he or she shall delegate the exercise of his or her functions insofar as they concern the matter to another officer of the planning authority who has no interest in the matter to disclose under subsection (3). | ||
(5) Where a Planning Commissioner has a pecuniary or other beneficial interest in, or that is material to, any appeal, contribution, question, determination or dispute that falls to be decided or determined by the Commission under any enactment, he or she shall comply with the following requirements: | ||
(a) he or she shall disclose to the Commission the nature of his or her interest; | ||
(b) he or she shall take no part in the discussion or consideration of the matter; | ||
(c) he or she shall not vote or otherwise act as a Planning Commissioner in relation to the matter; | ||
(d) he or she shall neither influence nor seek to influence a decision of the Commission in relation to the matter. | ||
(6) Where a member of the staff of the Commission, a consultant or adviser engaged by the Commission or any other person whose services are availed of by the Commission has a pecuniary or other beneficial interest in, or that is material to, any appeal, contribution, question or dispute which falls to be decided or determined by the Commission under any enactment, he or she shall comply with the following requirements: | ||
(a) he or she shall neither influence nor seek to influence a decision of the Commission in relation to the matter; | ||
(b) where he or she has been requested to provide professional services in relation to the matter, whether as a member of staff, consultant, adviser or otherwise, he or she shall disclose to the Commission the nature of his or her interest and comply with any directions the Commission may give him or her in relation to the matter. | ||
(7) Without prejudice to the generality of subsections (1) to (6), a person shall be regarded as having a beneficial interest for the purposes of this section if the person or any connected person— | ||
(a) is a member of a company or any other body which has a beneficial interest in, or that is material to, any matter referred to in subsections (1) to (6), | ||
(b) is in partnership with or is in the employment of a person who has a beneficial interest in, or that is material to, any such matter, | ||
(c) is a party to any arrangement or agreement (whether or not enforceable) concerning any land or maritime site to which any such matter relates, or | ||
(d) has any other beneficial interest in, or that is material to, any such matter. | ||
(8) For the purposes of this section, a person shall not be regarded as having a beneficial interest in, or that is material to, any matter referred to in subsections (1) to (6) by reason only of an interest that is so remote or insignificant that it cannot reasonably be regarded as likely to influence a person in considering or discussing, or in voting on, any question with respect to the matter, or in performing any function in relation to that matter. | ||
(9) Where a person has a beneficial interest referred to in subsections (1) to (6) by reason only of the beneficial ownership of shares in a company or other body by him or her or by his or her spouse or civil partner and the total value of those shares does not exceed the lesser of— | ||
(a) €13,000, or | ||
(b) one-hundredth part of the total nominal value of either the issued share capital of the company or body or, where that capital is issued in shares of more than one class, the issued share capital of the class of shares in which he or she has an interest, | ||
none of those subsections shall have effect in relation to that beneficial interest. | ||
(10) Subject to subsection (11), a person who contravenes or fails to comply with a requirement of this section shall be guilty of an offence. | ||
(11) In any proceedings for an offence under this section, it shall be a defence for the defendant to prove that, at the time of the alleged offence, he or she did not know and had no reason to believe that— | ||
(a) a matter in which, or in relation to which, he or she had a beneficial interest had arisen or had come before, or was being considered by, the Commission or the relevant planning authority or committee, as applicable, or | ||
(b) the beneficial interest to which the alleged offence relates was one in relation to which a requirement of this section applied. | ||
(12) For the purposes of subsections (7) and (9), a person who is a member of any company formed and registered under the Companies Act 2014 (or an existing company within the meaning of that Act) that is deemed to be a subsidiary of another or to be another such company’s holding company shall be deemed also to be a member of the other company. | ||
(13) In this section— | ||
“civil partner” has the same meaning as it has in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; | ||
“cohabitant” shall be construed in accordance with section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ; | ||
“connected person”, in relation to a person, means— | ||
(a) any brother, sister or parent of the person, | ||
(b) the spouse or civil partner of the person, except where the spouse or civil partner is living separately and apart from the person, | ||
(c) any cohabitant of the person, | ||
(d) any child of the person, or | ||
(e) any child of the person’s spouse, civil partner or cohabitant, except where the spouse or civil partner is living separately and apart from the person. |