PLANNING AND DEVELOPMENT ACT, 2000

• (c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice concerned referred to in that paragraph and shall incorporate such notice in its decision to refuse permission for the development.

• (d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of section 37 as read with section 37S, be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.

• (6) Subsection (7) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced as part of the development, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—

• (a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application, or

• (b) existing noise mitigation measures or operating restrictions (if any), or any combination thereof.

• (7) The competent authority shall, as soon as it is practicable for it to do so, by notice in writing given to the applicant and copied to the planning authority—

• (a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or combination thereof, proposed to be required in a decision (if any) to grant permission for the development and its reasons for so proposing, and

• (b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions or observations on such noise mitigation measures or operating restrictions (if any), or combination thereof, as the case may be, and on such reasons, including counterproposals, by notice in writing given to the competent authority and copied to the planning authority.

• (8) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (7) concerned.

• (9) Subject to subsection (10), the competent authority shall, as soon as is practicable after it complies with subsection (7) and, if applicable, subsection (8) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Aircraft Noise (Dublin Airport) Regulation Act 2019, make, and publish on its website, a draft regulatory decision—

• (i) on the noise mitigation measures or operating restrictions (if any), or combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant permission for the development, or

• (ii) that no such conditions are required to be included in the planning authority’s decision (if any) to grant permission for the development.

• (10) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the competent authority’s reasons for such decision and include therein, as appropriate:

• (a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);

• (b) the noise abatement objective;

• (c) the measures considered to address any noise problem;

• (d) an evaluation of the cost-effectiveness of the various measures considered;

• (e) the application of the Balanced Approach;

• (f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered;

• (g) particulars of any proposed noise mitigation measures and operating restrictions (if any) to be introduced;

• (h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any);

• (i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any) to be introduced;

• (j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).

• (11) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), publish, in a national newspaper, a notice—

• (a) stating that the competent authority has—

• (i) made a draft regulatory decision under subsection (9), and

• (ii) prepared the related report under subsection (10),

• (b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours),

• (c) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and

• (d) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent.

• (12)
• (a) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), give each of the applicant, the airport authority and the planning authority copies of the draft regulatory decision that it made under subsection (9) and the related report that it prepared under subsection (10).

• (b) For the avoidance of doubt, it is hereby declared that the applicant, the airport authority and the planning authority may each make submissions or observations referred to in subsection (11)(c) in accordance with that subsection.

• (13) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in subsection (11)(c) and having regard to the submissions and observations (if any) referred to in that subsection received by it within such 14 weeks—

• (a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (9) without any amendments or with such amendments as it considers appropriate, and

• (b) revise the related report prepared under subsection (11) to take into account such submissions and observations (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.

• (14) The competent authority shall—

• (a) as soon as is practicable after it complies with subsection (13)—

• (i) publish on its website the regulatory decision it has adopted under subsection (13)(a) and the related report it has revised under subsection (13)(b), and

• (ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to the applicant, the airport authority, the planning authority, the elected members of FCC, the elected members of Dáil Éireann in whose constituencies the airport is located and the return addresses of the persons who have made submissions or observations referred to in subsection (11)(c) in accordance with that subsection on the draft regulatory decision or related report concerned,

and

• (b) as soon as is practicable after it complies with paragraph (a)(i), publish, in a national newspaper, a notice stating—

• (i) that the competent authority has adopted a regulatory decision under subsection (13)(a),

• (ii) that the competent authority has revised the related report under subsection (13)(b),

• (iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and

• (iv) that a right of appeal to the Board against the regulatory decision exists under section 37 as read with section 37R.

• (15)
• (a) The planning authority shall incorporate the competent authority’s regulatory decision under subsection (13)(a), the subject of the notice given to the planning authority under subsection (14)(a)(ii), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse permission for the development or to grant permission for the development.

• (b) Notwithstanding that a regulatory decision referred to in paragraph (a) is made by the competent authority, such decision and the reasons for it shall, for the purposes of section 37 as read with section 37R, be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.

• (c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subsection (14)(a)(ii), a copy of the competent authority’s regulatory decision under subsection (13)(a).

• (16) Subject to subsection (17), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under subsection (13)(a) shall—

• (a) if no appeal under section 37 as read with section 37R is made, within the appropriate period referred to in section 37(1), against the planning authority’s decision on the application, come into effect on the expiration of such appropriate period, and

• (b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

• (17) The competent authority may, by notice published on its website on the same date as the regulatory decision adopted under subsection (13)(a) is, pursuant to subsection (14)(a), also so published—

• (a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

• (b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

• (18) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under subsection (13)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

• (19) Subject to subsection (20), an operating restriction referred to in subsection (18) shall—

• (a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and

• (b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

• (20) The competent authority may, by notice published on its website at any time before the day first-mentioned in subsection (19)(a)—

• (a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (18), and

• (b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

• (21) Subsection (6) of section 34 shall not apply where the competent authority forms the opinion that a noise problem that would arise from the carrying out of the development as proposed would contravene materially the development plan or local area plan.]

34C. F315[Supplementary provisions relating to operating restriction included in planning permission

34C.—(1) (a) The person in whose favour a relevant permission operates may, by virtue of this subsection and notwithstanding any other provision of this Act (including section 34), make an application under section 34 to the planning authority where the application is only for a relevant action to be taken.

• (b) Section 34 and the other provisions of this Act shall be read with all necessary modifications to take account of the relevant application.

• (c) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions referred to in this section as those subsections apply to measures and restrictions referred to in those subsections.

• (2) The planning authority shall give the competent authority a copy of the relevant application and consult with the competent authority in relation to, as appropriate, one or more of the following matters:

• (a) any noise problem that would arise from taking the relevant action as proposed (including any implications that would arise therefrom in relation to appropriate assessment or environmental impact assessment matters) and any further information subsequently sought by the relevant authority from the applicant in relation to such action and given by the applicant to the planning authority and the competent authority;

• (b) where a noise problem would arise from taking the relevant action as proposed—

• (i) any information in the relevant application on the application of the Balanced Approach to the relevant action and any further information or plans subsequently sought by the relevant authority from the applicant in relation to the relevant action or Balanced Approach and given by the applicant to the planning authority and the competent authority,

• (ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the relevant application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,

• (iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and

• (iv) subject to subsection (4), whether permission could be granted for the taking of the relevant action subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.

• (3)
• (a) In subsection (2) and paragraph (b), ‘relevant authority’ means the planning authority or the competent authority.

• (b) Where the applicant gives any information or plans referred to in subsection (2) to one relevant authority, it shall, on the same date (or as soon as is practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.

• (4) Where this section applies and notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse the relevant application nor grant the relevant application subject to or without conditions until it receives a notice under subsection (5) or (15)(a)(ii) from the competent authority in respect of the relevant application.

• (5)
• (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the relevant application for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the relevant action as proposed.

• (b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice in writing to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse the relevant application.

• (c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice referred to in that paragraph and shall incorporate such notice in its decision to refuse the relevant application.

• (d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of section 37 as read with section 37S, be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.

• (6) The planning authority shall, in determining the relevant application, consider whether taking the relevant action requires the reconsideration of any other aspect of the relevant permission and, after having consulted with the competent authority, may, in accordance with regulations made under section 33, request and consider further information from the applicant in that regard.

• (7) Subsection (8) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—

• (a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the relevant action, or

• (b) existing noise mitigation measures or operating restrictions, or combination thereof.

• (8) The competent authority shall, as soon as it is practicable for it to do so, by notice in writing given to the applicant and copied to the planning authority—

• (a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or combination thereof, proposed to be required in a decision (if any) to grant the relevant application and its reasons for so proposing, and

• (b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions or observations on such noise mitigation measures or operating restrictions (if any), or combination thereof, as the case may be, and on such reasons, including counterproposals, by notice in writing given to the competent authority and copied to the planning authority.

• (9) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (8) concerned.

• (10) Subject to subsection (11), the competent authority shall, as soon as is practicable after it complies with subsection (8) and, if applicable, subsection (9) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Aircraft Noise (Dublin Airport) Regulation Act 2019, make, and publish on its website, a draft regulatory decision—

• (i) on the noise mitigation measures or operating restrictions (if any), or combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant the relevant application, or

• (ii) that no such conditions are required to be included in the planning authority’s decision (if any) to grant the relevant application.

• (11) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the planning authority’s reasons for such decision and include therein, as appropriate:

• (a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);

• (b) the noise abatement objective;

• (c) the measures considered to address any noise problem;

• (d) an evaluation of the cost-effectiveness of the various measures considered;

• (e) the application of the Balanced Approach;

• (f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered;

• (g) particulars of any proposed noise mitigation measures and operating restrictions (if any);

• (h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any);

• (i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any);

• (j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).

• (12) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), publish, in a national newspaper, a notice—

• (a) stating that the competent authority has—

• (i) made a draft regulatory decision under subsection (10), and

• (ii) prepared the related report under subsection (11),

• (b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours),

• (c) inviting persons to make submissions or observations in writing (and to provide a return address with such submissions or observations) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and

• (d) stating particulars of the addresses (which shall include an electronic address) to which such submissions or observations may be sent.

• (13)
• (a) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), give each of the applicant, the airport authority and the planning authority copies of the draft regulatory decision that it made under subsection (10) and the related report that it prepared under subsection (11).

• (b) For the avoidance of doubt, it is hereby declared that the applicant, the airport authority and the planning authority may each make submissions or observations referred to in subsection (12)(c) in accordance with that subsection.

• (14) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in subsection (12)(c) and having regard to the submissions and observations (if any) referred to in that subsection received by it within such 14 weeks—

• (a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (10) without any amendments or with such amendments as it considers appropriate, and

• (b) revise the related report prepared under subsection (11) to take into account such submissions and observations (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.

• (15) The competent authority shall—

• (a) as soon as is practicable after it complies with subsection (14)—

• (i) publish on its website the regulatory decision it has adopted under subsection (14)(a) and the related report it has revised under subsection (14)(b), and

• (ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to the applicant, the airport authority, the planning authority, the elected members of FCC, the elected members of Dáil Éireann in whose constituencies the airport is located and the return addresses of the persons who have made submissions or observations referred to in subsection (12)(c) in accordance with that subsection on the draft regulatory decision or related report concerned,

and

• (b) as soon as is practicable after it complies with paragraph (a)(i), publish, in a national newspaper, a notice stating—

• (i) that the competent authority has adopted a regulatory decision under subsection (14)(a),

• (ii) that the competent authority has revised the related report under subsection (14)(b),

• (iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and

• (iv) that a right to appeal to the Board against the regulatory decision exists under section 37 as read with section 37R.

• (16)
• (a) The planning authority shall—

• (i) incorporate the competent authority’s regulatory decision under subsection (14)(a), the subject of the notice given to the planning authority under subsection (15)(a)(ii), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse the relevant application or to grant the relevant application, and

• (ii) notwithstanding any other provision of this Act, if necessary, revoke, revoke and replace, or amend the terms of, a condition of the relevant permission in order to make the relevant permission compatible with that regulatory decision.

• (b) Notwithstanding that a regulatory decision referred to in paragraph (a) is a decision made by the competent authority, such decision and the reasons for it shall, for the purposes of section 37 as read with section 37R, be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.

• (c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subsection (15)(a)(ii), a copy of the competent authority’s regulatory decision under subsection (14)(a).

• (17) Subject to subsection (18), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under subsection (14)(a) shall—

• (a) if no appeal under section 37 as read with section 37R is made, within the appropriate period referred to in section 37(1), against the planning authority’s decision on the application, come into effect on the expiration of such appropriate period, and

• (b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

• (18) The competent authority may, by notice published on its website on the same date as the regulatory decision adopted under subsection (14)(a) is, pursuant to subsection (15)(a), also so published—

• (a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

• (b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

• (19) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under subsection (14)(a), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

• (20) Subject to subsection (21), an operating restriction referred to in subsection (19) shall—

• (a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and

• (b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

• (21) The competent authority may, by notice published on its website at any time before the day first-mentioned in subsection (20)(a)—

• (a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (19), and

• (b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

• (22) In this Part, health aspects shall be assessed in accordance with Environmental Noise Directive and the European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018).

• (23) In this section—

"relevant action", in relation to a relevant operating restriction the subject of a relevant application, means—

• (a) to revoke the operating restriction,

• (b) to amend the terms of the operating restriction in the manner specified in the application,

• (c) to replace the operating restriction with the alternative operating restriction specified in the application,

• (d) to take an action referred to in paragraph (a), (b) or (c) together with introducing new noise mitigation measures or revoking, revoking and replacing, or amending the terms of, existing noise mitigation measures, or a combination thereof,

• (e) if the relevant application relates to 2 or more relevant operating restrictions, to take any combination of any of the actions referred to in paragraphs (a) to (d), or

• (f) to take an action referred to in paragraph (a), (b), (c), (d) or (e) together with revoking, revoking and replacing, or amending the terms of, a condition of the relevant permission;

"relevant application" means an application referred to in subsection (1)(a);

"relevant operating restriction", in relation to a relevant permission, means an operating restriction included in that permission;

"relevant permission" means a permission granted under section 34—

• (a) for development at the airport, and

• (b) that includes an operating restriction.]

34D. F316[ Acknowledgement of completeness of certain applications

34D.—Where an application for permission for renewable energy development, repowering development, relevant solar energy development or small-scale solar energy equipment development is made to a planning authority under section 34, the planning authority shall, within 45 days of the receipt of the application—

• (a) where it is satisfied that the application includes all the information required to process the application, acknowledge the completeness of the application by notice in writing to the applicant, or

• (b) where it is not so satisfied, by notice in writing to the applicant request the applicant to submit a complete application without undue delay.]

34E. F317[Supplementary provisions relating to renewable energy development with capacity of 150kW or more

34E.—(1) Subject to subsection (3), where an application for permission for renewable energy development with an electrical capacity of 150kW or more is made to a planning authority, and the period for making a decision under section 34(8) would expire after the expiry of the period of 52 weeks from the date of the notice referred to in section 34D(a), the planning authority shall make its decision on the application before the expiry of that period of 52 weeks.

• (2) Subject to subsection (3), the period for making a decision in relation to an application referred to in subsection (1) shall not be extended under section 34(9) by more than 52 weeks from the date of the notice referred to in section 34D(a).

• (3) Where the planning authority considers that permission should nevertheless be given for the development for imperative reasons of overriding public interest in accordance with section 177AA, the planning authority shall make its decision on the application before the expiry of 2 years from the date of the notice referred to in section 34D(a). ]

34F. F318[Supplementary provisions relating to renewable energy development with capacity of less than 150kW and repowering development

34F.—(1) Subject to subsection (3), where an application for permission for renewable energy development with an electrical capacity of less than 150kW or repowering development is made to a planning authority, and the period for making a decision under section 34(8) would expire after the expiry of the period of 30 weeks from the date of the notice referred to in section 34D(a), the planning authority shall make its decision on the application before the expiry of that period of 30 weeks.

• (2) Subject to subsection (3), the period for making a decision in relation to an application referred to in subsection (1) shall not be extended under section 34(9) by more than 30 weeks from the date of the notice referred to in section 34D(a).

• (3) Where the planning authority considers that permission should nevertheless be given for the development for imperative reasons of overriding public interest in accordance with section 177AA, the planning authority shall make its decision on the application before the expiry of one year from the date of the notice referred to in section 34D(a).]

34G. F319[Supplementary provisions relating to ground source heat pumps and relevant solar energy development

34G.—(1) A planning authority shall make its decision on an application for permission for relevant solar energy development within the period of 8 weeks from the date of the notice referred to in section 34D(a).

• (2) Paragraphs (b), (c), and (ca) of section 34(8) shall not apply to an application for permission for relevant solar energy development or development that is the installation of a ground source heat pump.

• (3) Section 34(9) shall not apply to an application for permission for relevant solar energy development or development that is the installation of a ground source heat pump.]

34H. F320[Supplementary provisions relating to small-scale solar energy equipment or small-scale non-ground source heat pump

34H.—(1) A planning authority shall make its decision on an application for permission for small-scale solar energy equipment development before the expiry of the period of 4 weeks from the date of the notice referred to in section 34D(a).

• (2) A planning authority shall make its decision on an application for permission for development that is the installation of a small-scale non-ground source heat pump before the expiry of the period of 4 weeks from the date of the receipt of the application.

• (3) Paragraphs (b), (c) and (ca) of section 34(8) shall not apply to an application referred to in subsection (1) or (2).

• (4) Where the planning authority fails to make its decision on an application referred to in subsection (1) within the period referred to in that subsection, and the conditions in subsection (5) are satisfied, a decision of the planning authority to grant the permission shall be regarded as having been given on the day following the expiry of that period.

• (5) The conditions referred to in subsection (4) are that—

• (a) the application is complete,

• (b) an appropriate assessment is not required, and

• (c) the capacity of the small-scale solar energy equipment does not exceed the existing capacity of the connection to the distribution grid.

• (6) Where subsection (4) applies, the period of 4 weeks referred to in subparagraph (iv) of section 34(8)(f) shall commence on the date the decision is regarded as having been given under subsection (4).

• (7) Section 34(9) shall not apply in respect of an application for permission referred to in subsection (1) or (2).

• (8) A person shall not be entitled solely by reason of a permission under subsection (4) to carry out any development.]

35. Refusal of planning permission for past failures to comply.

F321[35.—(1) Where, having regard to—

• (a) any information furnished pursuant to regulations made under section 33(2)(l),

• (b) any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a "previous permission") granted to the applicant or to any other person under this Part or Part IV of the Act of 1963,

• (c) any information otherwise available to the planning authority concerning a substantial unauthorised development, or

• (d) any information concerning a conviction for an offence under this Act,

the planning authority is satisfied that a person to whom this section applies is not in compliance with a previous permission or with a condition to which the previous permission is subject, has carried out a substantial unauthorised development, or has been convicted of an offence under this Act, the authority may form the opinion—

• (i) that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission if granted or with a condition to which such permission if granted would be subject, and

• (ii) that accordingly planning permission should not be granted to the applicant concerned in respect of that development.]

• (2) In forming its opinion under subsection (1), the planning authority shall only consider those failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature.

• (3) An opinion under this subsection shall not be a decision on an application for permission for the purposes of this Part.

F322[F321[(4) If the planning authority considers that there are good grounds for its being able to form the opinion under subsection (1) in relation to an application for permission in respect of the development concerned and, accordingly, to exercise the power under subsection (5) to refuse that permission, it shall serve a notice in writing on the applicant to that effect and that notice shall—

• (a) specify the non compliance with a previous permission or condition of a previous permission, substantial unauthorised development, or conviction for an offence under this Act, as the case may be, that the authority intends to take into consideration with regard to the proposed exercise of that power, and

• (b) invite the applicant to make submissions to the authority within a period specified in the notice as to why the applicant considers that the authority should not exercise that power (whether because the applicant contends that the views of the authority in relation to the failure to comply by the applicant or any other person to whom this section applies with any previous permission, or any condition to which it is subject, the carrying out of substantial unauthorised development or conviction for an offence under this Act, as the case may be, are incorrect or that there are not good grounds for forming the opinion under subsection (1)).]

• (5) If the planning authority, having considered any submissions made to it in accordance with a notice under subsection (4), proceeds to form the opinion under subsection (1) in relation to the application concerned it shall decide to refuse to grant the permission concerned and notify the applicant accordingly.

• (6) The applicant may, within 8 weeks from the receipt of that notification, notwithstanding sections 50 and 50A, apply, by motion on notice to the planning authority, to the High Court for an order annulling the planning authority’s decision and, on the hearing of such application, the High Court may, as it considers appropriate, confirm the decision of the authority, annul the decision and direct the authority to consider the applicant’s application for planning permission without reference to the provisions of this section or make such other order as it thinks fit.

• (6A) If, in pursuance of subsection (6), the High Court directs the planning authority to consider the applicant’s application for planning permission without reference to the provisions of this section, the planning authority shall make its decision on the application within the period of 8 weeks from the date the order of the High Court in the matter is perfected but this subsection is subject to the provisions of section 34(8) as applied to the foregoing case by subsection (6B).

• (6B) For the purposes of the foregoing case the provisions of section 34(8) shall apply with the following modifications:

• (a) in paragraph (a) of section 34(8), after “paragraphs (b), (c), (d) and (e)”, there shall be inserted “and section 35(6A)”;

• (b) for the reference in paragraph (b) of section 34(8) to “8 weeks of the receipt of a planning application” there shall be substituted “8 weeks of the date the order of the High Court in the matter is perfected”;

• (c) in paragraph (f) of section 34(8), after “paragraph (a), (b), (c), (d) or (e)”, there shall be inserted “, the period specified in section 35(6A) or, as the case may be, the period specified in paragraph (b), (c), (d) or (e) as that paragraph is applied by virtue of section 35(6B)”; and

• (d) any other necessary modifications.

• (6C) No appeal shall lie to the Board from a decision of a planning authority to refuse to grant planning permission under subsection (5).]

• (7) In this section, “a person to whom this section applies” means—

• (a) the applicant for the permission concerned,

• (b) any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a permission (in this section referred to as a "previous permission") granted to the applicant or to any other person under F323[this Part or Chapter III of Part XXI,] or Part IV of the Act of 1963,

• F324[(ba) a registered society under the Industrial and Provident Societies Acts 1893 to 2014 that—

• (i) carried out a development pursuant to a previous permission,

• (ii) carried out a substantial unauthorised development, or

• (iii) has been convicted of an offence under this Act,

or, during any period to which subparagraph (i) or (ii) relates or to which any conviction under subparagraph (iii) relates, the registered society was, during that period, controlled by the applicant—

• (I) where, pursuant to section 15 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014, ‘control’ has the same meaning as in section 220(5) of the Companies Act 2014, or

• (II) as a shadow director within the meaning of section 2(1) of the Companies Act 2014,]

• (c) in the case where the applicant for permission is a company—

• (i) the company concerned is related to a company (within the meaning of section 140(5) of the Companies Act, 1990) which F321[carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,] or

• (ii) the company concerned is under the same control as a company which carried out a development referred to in subsection (1)(b), where “control” has the same meaning as in section 26(3) of the Companies Act, 1990,

or

• (d) a company which F321[carried out a development pursuant to a previous permission, carried out a substantial unauthorised development or has been convicted of an offence under this Act,] which company is controlled by the applicant—

• (i) where “control” has the same meaning as in section 26(3) of the Companies Act, 1990, or

• (ii) as a shadow director within the meaning of section 27(1) of the Companies Act, 1990.

36. Outline permission.

36.—(1) An application under section 34 may be made to a planning authority in accordance with the permission regulations for outline permission for the development of land.

• (2) Where outline permission is granted under section 34, that permission shall not operate to authorise the carrying out of any development to which the outline permission relates until a subsequent permission has been granted under that section.

• (3)
• (a) Where outline permission has been granted by a planning authority, any subsequent application for permission must be made not later than 3 years beginning on the date of the grant of outline permission, or such longer period, not exceeding 5 years, as may be specified by the planning authority.

• (b) The outline permission shall cease to have effect at the end of the period referred to in paragraph (a) unless the subsequent application for permission is made within that period.

• (c) Sections 40, 41 and 42 shall not apply to the grant of an outline permission.

• (4) Where an application for permission is made to a planning authority consequent on the grant of outline permission, the planning authority shall not refuse to grant permission on the basis of any matter which had been decided in the grant of outline permission, provided that the authority is satisfied that the proposed development is within the terms of the outline permission.

• (5) No appeal may be brought to the Board under section 37 against a decision of a planning authority to grant permission consequent on the grant of outline permission in respect of any aspect of the proposed development which was decided in the grant of outline permission.

• (6) In this section, “outline permission” means permission granted in principle under section 34 for the development of land subject to a subsequent detailed application for permission under that section.

37. Appeal to Board.

37.—(1) (a) An applicant for permission and any person who made submissions or observations in writing in relation to the planning application to the planning authority in accordance with the permission regulations and on payment of the appropriate fee, may, at any time before the expiration of the appropriate period, appeal to the Board against a decision of a planning authority under section 34.

• (b) Subject to paragraphs (c) and (d), where an appeal is brought against a decision of a planning authority and is not withdrawn, the Board shall determine the application as if it had been made to the Board in the first instance and the decision of the Board shall operate to annul the decision of the planning authority as from the time when it was given; and subsections (1), (2), F325[(3), (4), and (4A)] of section 34 shall apply, subject to any necessary modifications, in relation to the determination of an application by the Board on appeal under this subsection as they apply in relation to the determination under that section of an application by a planning authority.

• (c) Paragraph (b) shall be construed and have effect subject to sections 133, 138 and 139.

• (d) In paragraph (a) and subsection (6), “the appropriate period” means the period of four weeks beginning on the day of the decision of the planning authority.

• (2)
• (a) Subject to paragraph (b), the Board may in determining an appeal under this section decide to grant a permission even if the proposed development contravenes materially the development plan relating to the area of the planning authority to whose decision the appeal relates.

• (b) Where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the Board may only grant permission in accordance with paragraph (a) where it considers that—

• (i) the proposed development is of strategic or national importance,

• (ii) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned, or

• (iii) permission for the proposed development should be granted having regard to F326[regional spatial and economic strategy] for the area, guidelines under section 28, policy directives under section 29, the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister or any Minister of the Government, or

• (iv) permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the making of the development plan.

• (c) Where the Board grants a permission in accordance with paragraph (b), the Board shall, in addition to the requirements of section 34(10), indicate in its decision the main reasons and considerations for contravening materially the development plan.

• (3) Subject to section 141(2), the provisions of subsection (1) authorising appeals to be made before the expiration of the appropriate period within the meaning of that subsection shall be construed as including a provision that an appeal received by the Board after the expiration of the appropriate period shall be invalid as not having been made in time.

• (4)
• (a) Notwithstanding subsection (1), where in accordance with the permission regulations any prescribed body is entitled to be given notice of any planning application, that body shall be entitled to appeal to the Board before the expiration of the appropriate period within the meaning of that subsection where the body had not been sent notice in accordance with the regulations.

• (b) The Board may dismiss any appeal made under paragraph (a) where it considers the body concerned was not entitled to be sent notice of the planning application in accordance with the permission regulations.

• F327[(c) Notwithstanding subsection (1), a body or organisation referred to in paragraph (d) shall be entitled to appeal to the Board against a decision by a planning authority on an application for development (being development in respect of which an F328[environmental impact assessment report] was required to be submitted to the planning authority in accordance with section 172) before the expiration of the appropriate period within the meaning of that subsection.

• (d) The body or organisation mentioned in paragraph (c) is a body or organisation (not being a State authority, a public authority or a governmental body or agency)—

• (i) the aims or objectives of which relate to the promotion of environmental protection,

• (ii) which has, during the period of 12 months preceding the making of the appeal, pursued those aims or objectives, and

• (iii) which satisfies such additional requirements (if any) as are prescribed under paragraph (e).

• (e) The Minister may prescribe additional requirements which a body or organisation of the foregoing kind must satisfy in order to make an appeal under paragraph (c), being requirements of a general nature and for the purposes of promoting transparency and accountability in the operation of such organisations, including requirements—

• (i) in relation to its membership,

• (ii) that the pursuit of its aims or objectives be otherwise than for profit,

• (iii) in relation to the possession of a specified legal personality and the possession of a constitution or rules,

• (iv) that the area of environmental protection to which its aims or objectives relate is relevant to the class of matter into which the decision, the subject of the appeal, falls.

• (f) The Board may dismiss any appeal made under paragraph (c) where it considers that the body or organisation concerned does not satisfy the requirements of paragraph (d)(i), (ii) or (iii).]

• (5)
• (a) No application for permission for the same development or for development of the same description as an application for permission for development which is the subject of an appeal to the Board under this section shall be made before—

• (i) the Board has made its decision on the appeal,

• (ii) the appeal is withdrawn, or

• (iii) the appeal is dismissed by the Board pursuant to section 133 or 138.

• (b) Where an application for permission referred to in paragraph (a) is made to a planning authority, the planning authority shall notify the applicant that the application cannot be considered by the planning authority and return the application and any other information submitted with the application in accordance with the permission regulations, and any fee paid.

• (c) A dispute as to whether an application for permission is for the same development or is for development of the same description as an application for permission which is the subject of an appeal to the Board may be referred to the Board for determination.

• (6)
• (a) Notwithstanding subsection (1)(a), a person who has an interest in land adjoining land F329[in respect of which a decision to grant permission has been made] may, within the appropriate period and on payment of the appropriate fee, apply to the Board for leave to appeal against a decision of the planning authority under section 34.

• (b) An application under paragraph (a) shall state the name and address of the person making the application, the grounds upon which the application is made, and a description of the person’s interest in the land.

• (c) The Board shall, within one week from the receipt of an application under paragraph (a), require, by notice in writing, the planning authority concerned to submit to the Board copies of the materials referred to in subparagraph (i) of section 128(a), the report referred to in subparagraph (ii) of that section, and the decision and notification referred to in subparagraph (iii) of that section and the planning authority shall comply with such requirement within one week from the date of receiving the notice.

• (d) The Board, or any member or employee of the Board duly authorised by the Board in that behalf, shall, where an applicant under this subsection shows that—

• (i) the development F329[in respect of which a decision to grant permission has been made] will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority to which the grant is subject, and

• (ii) that the imposition of such conditions will materially affect the applicant’s enjoyment of the land or reduce the value of the land,

within 4 weeks from the receipt of the application grant the applicant leave to appeal against the decision of the planning authority under subsection (1).

• (e) The Board shall notify in writing the applicant and the planning authority of a decision to grant or refuse an application under this subsection within 3 days from its making.

• (f) A person to whom leave to appeal has been granted under this subsection shall bring the appeal within 2 weeks from the receipt of the notification under paragraph (e).

• (g) Notwithstanding section 34(11)(a)(i), where an application is made under this subsection a planning authority shall not make a grant of permission unless the application is refused.

• (h) Where leave to appeal is granted under this subsection, subsection (2) of section 126 shall apply subject to the modification that the reference therein to 18 weeks shall be construed as a reference to 14 weeks.

• (i) Where leave to appeal is granted under this section, a planning authority that has complied with paragraph (c) shall, in respect of the appeal, be deemed to have complied with the requirements of section 128.

• F330[(7) Subject to the modification referred to in subsection (8), and any other necessary modifications, subsections (12) and (12A) of section 34 apply to the consideration by the Board of an application on appeal under subsection (1) against a decision of the planning authority.

• (8) The modification is that the reference in section 34(12) to the planning authority shall be construed as a reference to the Board.

• (9) Where the Board refuses under section 34(12), as applied by subsection (7), to consider an application on appeal—

• (a) it shall give the reasons for the refusal to the person who made the appeal,

• (b) the application on appeal shall be deemed to have been withdrawn by the applicant for permission, and

• (c) the refusal shall operate to annul the decision of the planning authority as from the time when that decision was given.]

37A. F332[Board’s jurisdiction in relation to certain planning applications.

37A.—(1) F333[Subject to Part XXI, an application for permission] for any development specified in the Seventh Schedule (inserted by the Planning and Development (Strategic Infrastructure) Act 2006) shall, if the following condition is satisfied, be made to the Board under section 37E and not to a planning authority.

• (2) That condition is that, following consultations under section 37B, the Board serves on the prospective applicant a notice in writing under that section stating that, in the opinion of the Board, the proposed development would, if carried out, fall within one or more of the following paragraphs, namely—

• (a) the development would be of strategic economic or social importance to the State or the region in which it would be situate,

• (b) the development would contribute substantially to the fulfilment of any of the objectives in the F334[National Planning Framework] or in any F335[regional spatial and economic strategy] in force in respect of the area or areas in which it would be situate,

• (c) the development would have a significant effect on the area of more than one planning authority.

• (3) In subsection (2) "prospective applicant" means the person referred to in section 37B(1).]

• F336[(4)
• (a) Notwithstanding subsection (1), where an application for permission is being made in relation to a development specified in the Seventh Schedule that is located in a strategic development zone, the applicant may elect to make the application to the planning authority under section 34 and regulations made thereunder.

• (b) Section 170 shall apply to an application made under paragraph (a).

• (c) Section 37B shall not apply to an application made under paragraph (a).]

37B. F337[Discussions with Board before making of application.

37B.—(1) A person who proposes to apply for permission for any development specified in the Seventh Schedule shall, before making the application, enter into consultations with the Board in relation to the proposed development.

• F338[(1A) Notwithstanding section 37D(1), where the proposed development is for renewable energy development or repowering development, the prospective applicant may, following entry into consultations under subsection (1), request the Board to give him or her the opinion under section 37D(1).]

• (2) Such a person is referred to subsequently in this section and in sections 37C and 37D as a "prospective applicant".

• (3) In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding—

• (a) whether the proposed development would, if carried out, fall within one or more of paragraphs (a) to (c) of section 37A(2),

• (b) the procedures involved in making a planning application and in considering such an application, and

• (c) what considerations, related to proper planning and sustainable development or the environment, may, in the opinion of the Board, have a bearing on its decision in relation to the application.

• (4) Where, following consultations under this section, the Board is of the opinion that the proposed development would, if carried out—

• (a) fall within one or more of paragraphs (a) to (c) of section 37A(2), it shall serve a notice in writing on the prospective applicant stating that it is of that opinion, or

• (b) not fall within any of those paragraphs, it shall serve a notice in writing on the prospective applicant stating that it is of that opinion.

• (5) A notice under subsection (4)(b) shall include a statement that the prospective applicant’s application for permission, if it is proceeded with, must be made to the appropriate planning authority (and such an application, if it is proceeded with, shall be made to that planning authority accordingly).

• (6) The Board shall serve a copy of a notice under subsection (4)(a) or (b), as the case may be, on the appropriate planning authority.

• (7) No application for permission in respect of a development referred to in subsection (1) shall be made to a planning authority unless or until a notice is served under subsection (4)(b) in relation to the development.

• (8) In this section "appropriate planning authority" means whichever planning authority would, but for the enactment of section 3 of the Planning and Development (Strategic Infrastructure) Act 2006, be the appropriate planning authority to deal with the application referred to in subsection (1).]

37C. F339[Section 37B: supplemental provisions.

37C.—(1) A prospective applicant shall, for the purposes of consultations under section 37B, supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.

• (2) The holding of consultations under section 37B shall not prejudice the performance by the Board of any other of its functions under this Act or regulations under this Act and cannot be relied upon in the formal planning process or in legal proceedings.

• (3) The Board shall keep a record in writing of any consultations under section 37B in relation to a proposed development, including the names of those who participated in the consultations, and a copy of such record shall be placed and kept with the documents to which any planning application in respect of the proposed development relates.

• (4) The Board may consult with any person who may, in the opinion of the Board, have information which is relevant for the purposes of consultations under section 37B in relation to a proposed development.]

37CC. F340[Application for opinion under section 37CD

37CC.—(1) A person who proposes to apply for permission for any development specified in the Seventh Schedule (referred to in this section and section 37CD as a "prospective applicant") may request a meeting with the Board for the purposes of section 37CD as part of consultations referred to in section 37B(1).

• (2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—

• (a) the name and address of the prospective applicant,

• (b) a site location map sufficient to identify the land on which the proposed development would be situated,

• (c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,

• (d) a draft layout plan of the proposed development,

• (e) a description of—

• (i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and

• (ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,

• (f) an undertaking to provide with the proposed application, either—

• (i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,

• (ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or

• (iii) a combination of subparagraphs (i) and (ii),

• (g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and

• (h) such other information as may be prescribed.

• (3) Where a prospective applicant submits a request in accordance with subsection (1) the Board shall convene a meeting for the purposes of section 37CD.

• (4) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (3), including—

• (a) matters that are required to be considered at the meeting,

• (b) matters that may be considered at the meeting, and

• (c) the manner in which the meeting is to be conducted.]

37CD. F341[Opinion as to flexibility with regard to certain applications

37CD.—(1) The Board shall, as soon as practicable after a meeting convened under section 37CC(3) takes place, consider—

• (a) the information included in the request for the meeting under section 37CC, and

• (b) any other relevant information that is made available at the meeting,

and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.

• (2) Where the Board serves a notice under section 37B(4)(a) it shall, where it determines that it is satisfied in accordance with subsection (1), serve an opinion to that effect with such notice.

• (3) Where the Board serves a notice under section 37B(4)(a) it shall, where it determines that it is not satisfied in accordance with subsection (1), notify the prospective applicant to that effect.

• (4) An opinion under subsection (2) shall specify—

• (a) the details, or groups of details, of the proposed development that may be confirmed after the proposed application has been made and decided,