PLANNING AND DEVELOPMENT ACT, 2000

• (b) the circumstances relating to the proposed development 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 paragraph (a), and

• (c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act, be accompanied by the information referred to in section 37CC(2)(f).

• (5) A meeting held, and any opinion issued, for the purposes of this section shall be part of consultations held under section 37B.

• (6) An opinion issued by the Board under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 37E.

• (7) 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 the Board providing an opinion under subsection (2), including the form of the opinion.]

37CE. F342[Offence of taking payment, etc. in connection with section 37CD procedure

37CE.—A member or official of the Board who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion or notification under section 37CD commits an offence.]

37D. F343[Opinion by Board on information to be contained in environmental impact statement.

37D.—(1) Where a notice has been served under section 37B(4)(a) in relation to proposed development, a prospective applicant may F344[or, where the application is for renewable energy development or repowering development, shall] request the Board to give to him or her an opinion in writing prepared by the Board on F345[the scope and level of detail of the information to be included] in an F346[environmental impact assessment report] in relation to the development.

• (2) On receipt of such a request the Board shall—

• (a) consult with the requester and such bodies as may be specified by the Minister for the purpose, and

• F347[(b) after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, comply with the request as soon as is practicable, but in the case that the request was made under section 37B(1A) not before the following have occurred:

• (i) a notice has been served under subsection (4) of section 37B, and

• (ii) the notice is under paragraph (a) of that subsection.]

• (3) A prospective applicant shall, for the purposes of the Board’s complying with a request under this section, supply to the Board sufficient information in relation to the proposed development so as to enable the Board to assess the proposed development.

• F348[(3A) Where an opinion referred to in subsection (2) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]

• F344[(3B) Where the proposed development referred to in subsection (1) is renewable energy development or repowering development, and an opinion is given under this section, An Coimisiún Pleanála shall not subsequently extend the scope and level of detail of the information to be included in the environmental impact assessment report.]

• (4) The provision of an opinion under this section 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.]

37E. F350[Application to Board.

37E.—(1) An application for permission for development in respect of which a notice has been served under section 37B(4)(a) shall be made to the Board and shall be accompanied by an F351[environmental impact assessment report] in respect of the proposed development.

• (2) The Board may refuse to deal with any application made to it under this section where it considers that the application for permission or the F352[environmental impact assessment report] is inadequate or incomplete, having regard in particular to the permission regulations and any regulations made under section 177 or to any consultations held under section 37B.

• (3) Before a person applies for permission to the Board under this section, he or she shall—

• (a) publish in one or more newspapers circulating in the area or areas in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—

• (i) stating that—

• (I) the person proposes to make an application to the Board for permission for the proposed development F353[and, where applicable, that the application is subject to section 37JA],

• (II) an F354[environmental impact assessment report] has been prepared in respect of the proposed development, and

• (III) where relevant, the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or other party to the Transboundary Convention,

• (ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the application and the F355[environmental impact assessment report] may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),

• (iii) inviting the making, during such period, of submissions and observations to the Board relating to—

• (I) the implications of the proposed development for proper planning and sustainable development, and

• (II) the likely effects on the environment of the proposed development,

if carried out, and

• (iv) specifying the types of decision the Board may make, under section 37G, in relation to the application,

• (b) send a prescribed number of copies of the application and the F356[environmental impact assessment report] to the planning authority or authorities in whose area or areas the proposed development would be situated,

• (c) send a prescribed number of copies of the application and the F357[environmental impact assessment report] to any prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—

• (i) the implications of the proposed development for proper planning and sustainable development, and

• (ii) the likely effects on the environment of the proposed development,

if carried out, and

• (d) where the proposed development is likely to have significant effects on the environment of a Member State of the European Communities or a state which is a party to the Transboundary Convention, send a prescribed number of copies of the application and the F358[environmental impact assessment report] to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board.

• (4) The planning authority for the area (or, as the case may be, each planning authority for the areas) in which the proposed development would be situated shall, within 10 weeks from the making of the application to the Board under this section (or such longer period as may be specified by the Board), prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the environment and the proper planning and sustainable development of the area of the authority, having regard in particular to the matters specified in section 34(2).

• (5) The F359[chief executive] of a planning authority shall, before submitting any report in relation to a proposed development to the Board under subsection (4), submit the report to the members of the authority and seek the views of the members on the proposed development.

• (6) The members of the planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the authority; where the members so decide those recommendations (together with the meetings administrator’s record) shall be attached to the report submitted to the Board under subsection (4).

• (7) In subsection (6) ‘the meetings adminis trator’s record’ means a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001) of the views expressed by the members on the proposed development.

• (8) In addition to the report referred to in subsection (4), the Board may, where it considers it necessary to do so, require the planning authority or authorities referred to in that subsection or any planning authority or authorities on whose area or areas it would have a significant effect to furnish to the Board such information in relation to the effects of the proposed development on the proper planning and sustainable development of the area concerned and on the environment as the Board may specify.]

37F. F360[Section 37E: supplemental provisions.

37F.—(1) Before determining any application for permission under section 37E the Board may, at its absolute discretion and at any time—

• (a) require the applicant for permission to submit further information, including a revised F361[environmental impact assessment report],

• (b) indicate that it is considering granting permission, subject to the applicant for permission submitting revised particulars, plans or drawings in relation to the development,

• (c) request further submissions or observations from the applicant for permission, any person who made submissions or observations, or any other person who may, in the opinion of the Board, have information which is relevant to the determination of the application,

• (d) without prejudice to subsections (2) and (3), make any information relating to the application available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions or observations to be made to it within such period as it may specify, or

• (e) hold meetings with the applicant for permission or any other person—

• (i) where it appears to the Board to be expedient for the purpose of determining the application, or

• (ii) where it appears to the Board to be necessary or expedient for the purpose of resolving any issue with the applicant for permission or any disagreement between the applicant and any other party, including resolving any issue or disagreement in advance of an oral hearing.

• (2) Where an applicant submits a revised F362[environmental impact assessment report] to the Board in accordance with subsection (1)(a) or otherwise submits further information or revised particulars, plans or drawings in accordance with subsection (1), which, in the opinion of the Board, contain significant additional information on the effect of the proposed development on the environment to that already submitted, the Board shall—

• (a) make the information, particulars, plans or drawings, as appropriate, available for inspection,

• (b) give notice that the information, particulars, plans or drawings are so available, and

• (c) invite further submissions or observations to be made to it within such period as it may specify.

• (3) Where the Board holds a meeting in accordance with subsection (1)(e), it shall keep a written record of the meeting and make that record available for inspection.

• (4) The Board, or an employee of the Board duly authorised by the Board, may appoint any person to hold a meeting referred to in subsection (1)(e).

• (5) Before making a decision under section 37G in respect of proposed development comprising or for the purposes of an activity for which F363[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.

• (6) When making its decision under section 37G on the application the Board shall have regard to the observations, if any, received from the Environmental Protection Agency within the period specified under subsection (5).

• (7) The Board may, at any time after the expiration of the period specified in a notice under section 37E(3)(a) for making submissions or observations, make its decision under section 37G on the application.

• (8) The making of observations by the Environmental Protection Agency under this section shall not prejudice any other function of the Agency.]

37G. F364[Decision by Board on application under section 37E.

37G.—(1) When making a decision in respect of a proposed development for which an application is made under section 37E, the Board may consider any relevant information before it or any other matter to which, by virtue of this Act, it can have regard.

• (2) Without prejudice to the generality of subsection (1), the Board shall consider—

• (a) the F365[environmental impact assessment report] submitted under section 37E(1), any submissions or observations made, in response to the invitation referred to in section 37E(3), within the period referred to in that provision, the report (and the recommendations and record, if any, attached to it) submitted by a planning authority in accordance with section 37E(4), any information furnished in accordance with section 37F(1) and any other relevant information before it relating to—

• (i) the likely consequences of the proposed development for proper planning and sustainable development in the area in which it is proposed to situate the development, and

• (ii) the likely effects on the environment of the proposed development,

• (b) any report or recommendation prepared in relation to the application in accordance with section 146, including the report of the person conducting any oral hearing of the proposed development and the written record of any meeting referred to in section 37F(3),

• (c) the provisions of the development plan or plans for the area,

• (d) the provisions of any special amenity area order relating to the area,

• (e) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (f) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (g) the matters referred to in section 143,

• (h) any relevant provisions of this Act and of any regulations made under this Act.

• (3) The Board may, in respect of an application under section 37E for permission—

• (a) decide—

• (i) to grant the permission, or

• (ii) to make such modifications to the proposed development as it specifies in its decision and grant permission in respect of the proposed development as so modified, or

• (iii) to grant permission in respect of part of the proposed development (with or without specified modifications of it of the foregoing kind),

or

• (b) decide to refuse to grant the permission,

and a decision to grant permission under paragraph (a)(i), (ii) or (iii) may be subject to or without conditions.

• (4) Where an application under section 37E relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to grant permission, subject that permission to conditions which are for the purposes of—

• (a) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or

• (b) controlling emissions related to or following the cessation of the operation or the activity.

• F366[(4A) Where an application under section 37E relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to grant permission, subject that permission to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.]

• (5) Where an application under section 37E relates to proposed development which comprises or is for the purposes of an activity for which F367[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may, in respect of that development, decide to refuse a grant of permission under this section, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development will be situated.

• (6) The Board may decide to grant a permission for development, or any part of a development, under this section even if the proposed development, or part thereof, contravenes materially the development plan relating to any area in which it is proposed to situate the development.

• (7) Without prejudice to the generality of the Board’s powers to attach conditions under subsection (3) the Board may attach to a permission for development under this section—

• (a) a condition with regard to any of the matters specified in section 34(4),

• (b) a condition requiring the payment of a contribution or contributions of the same kind as the appropriate planning authority could require to be paid under section 48 or 49 (or both) were that authority to grant the permission (and the scheme or schemes referred to in section 48 or 49, as appropriate, made by that authority shall apply to the determination of such contribution or contributions),

• (c) a condition requiring the applicant to submit further information to it or any other local or state authority, as the Board may specify before commencing development, or

• (d) a condition requiring—

• (i) the construction or the financing, in whole or in part, of the construction of a facility, or

• (ii) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.

• F368[(7A) Notwithstanding subsection (3), where the Board grants permission for a development on foot of an application accompanied by an opinion issued by the Board under section 37CD(2) the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—

• (a) the actual detail to fall within specified options, parameters or a combination of options and parameters, and

• (b) the applicant to notify the planning authority in whose functional area or areas the development is situated in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.]

• (8) A condition attached pursuant to subsection (7)(d) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the permission operates of the benefits likely to accrue from the grant of the permission.

• (9) In subsection (7)(b) ‘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 grant the permission referred to in this section.

• (10) The conditions attached under this section to a permission may provide that points of detail relating to the grant of the permission may be agreed between the planning authority or authorities in whose functional area or areas the development will be situate and the person carrying out the development; if that authority or those authorities and that person cannot agree on the matter the matter may be referred to the Board for determination.

• (11) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section or sections 37H to 37J to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]

37H. F369[Section 37G: supplemental provisions.

37H.—(1) The Board shall send a copy of a decision under section 37G to the applicant, to any planning authority in whose area the development would be situated and to any person who made submissions or observations on the application for permission.

• F370[(1A)
• (a) The Board shall cause to be published F371[as soon as may be] in one or more newspapers circulated in the area a notice informing the public of a decision under section 37G.

• (b) The notice shall state that a person may question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50.

• (c) The notice shall identify where practical information on the review mechanism can be found.]

• (2) A decision given under section 37G and the notification of the decision shall state—

• (a) F372[subject to paragraph (ba),] the main reasons and considerations on which the decision is based,

• (b) F373[subject to paragraph (bb),] where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, F374[…]

• F375[(ba) in relation to the granting or refusal of any permission, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to grant or refuse permission is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to grant or refuse permission,

• (bb) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the grant of any permission is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,

• (bc) in relation to the granting or refusal of any permission, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and]

• F376[(c) the sum due to be paid to the Board towards the costs incurred by the Board of—

• (i) conducting consultations entered into by an applicant under section 37B,

• (ii) compliance by the Board with a request by an applicant for an opinion of the Board under section 37D, or

• (iii) determining an application under section 37E,

and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which sums the Board may, by virtue of this subsection, require to be paid).]

• F377[(2A) A decision given under section 37G and the notification of the decision shall include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]

• (3) A reference to costs in subsection (2)(c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.

• (4) A grant of permission under section 37G shall be made as soon as may be after the making of the relevant decision but shall not become operative until any requirement made under subsection (2)(c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

• (5) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement made under subsection (2)(c) the Board, the authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.

• (6) A person shall not be entitled solely by reason of a permission under section 37G to carry out any development.]

37I. F378[Regulations.

37I.—(1) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of—

• (a) consultations under section 37B,

• (b) the giving of an opinion under section 37D,

• (c) applications for permission under section 37E F379[including applications accompanied by an opinion under section 37CD(2)], and

• (d) decisions under section 37G.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may—

• (a) make provision for matters of procedure in relation to the making of an application under section 37E, including the giving of public notice and the making of applications in electronic form, and

• (b) make provision for matters of procedure relating to the making of observations by the Environmental Protection Agency under section 37F(5) and matters connected therewith.]

37J. F380[Objective of the Board in relation to applications under section 37E.

37J.—(1) It shall be the duty of the Board, having regard to the special importance of applications relating to development that may fall within section 37A(2), to ensure that—

• (a) consultations held on foot of a request under section 37B are completed, and

• (b) a decision under section 37G on an application made under section 37E is made,

as expeditiously as is consistent with proper planning and sustainable development and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the holding of those consultations or the making of that decision.

• (2) Without prejudice to the generality of subsection (1) and subject to subsections (3) to (6), it shall be the objective of the Board to ensure that a decision under section 37G on an application made under section 37E is made—

• (a) within a period of 18 weeks beginning on the last day for making submissions or observations in accordance with the notice referred to in section 37E(3)(a), or

• (b) within such other period as the Minister may prescribe either generally or in respect of a particular class or classes of matter.

• (3) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Board is concerned, to determine the matter within the period referred to in paragraph (a) or (b) of subsection (2) as the case may be, the Board shall, by notice in writing served on the applicant for permission, any planning authority involved and any other person who submitted submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Board intends that the matter shall be determined.

• (4) Where a notice has been served under subsection (3), the Board shall take all such steps as are open to it to ensure that the matter is determined before the date specified in the notice.

• (5) The Minister may by regulations vary the period referred to in subsection (2)(a) either generally or in respect of a particular class or classes of applications referred to in section 37E, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.

• (6) Where the Minister considers it to be necessary or expedient that a certain class or classes of application under section 37E that are of special strategic, economic or social importance to the State be determined as expeditiously as is consistent with proper planning and sustainable development, he or she may give a direction to the Board that priority be given to the determination of applications of the class or classes concerned, and the Board shall comply with such a direction.

• (7) The Board shall include in each report made under section 118 a statement of the number of matters which the Board has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine such matters as the Minister may direct.]

• F381[(8) This section is subject to sections 37JA and 37B.]

37JA. F382[ Acknowledgement of completeness of certain applications under section 37E

37JA.—Where an application for permission for renewable energy development or repowering development is made to An Coimisiún Pleanála under section 37E, An Coimisiún Pleanála 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.]

37JB. F383[Periods for decision-making in relation to applications for permission for renewable energy development or repowering development under section 37E

37JB.—(1) Subject to subsection (3), where an application for permission for renewable energy development or repowering development is made to An Coimisiún Pleanála under section 37E, and the period for making a decision under subsection (2) or (3) of section 37J would expire after the expiry of the relevant period referred to in subsection (2), a decision on the application under section 37G shall be made before the expiry of the relevant period.

• (2) The relevant period referred to in subsection (1) is —

• (a) in the case of renewable energy development with an electrical capacity of 150kW or more, 52 weeks from the date of the notice referred to in section 37JA(a), or

• (b) in the case of renewable energy development with an electrical capacity of less than 150kW or repowering development, 30 weeks from the date of the notice referred to in section 37JA(a).

• (3) Where An Coimisiún Pleanála considers that permission should nevertheless be given for the development for imperative reasons of overriding public interest in accordance with section 177AA, a decision on the application under section 37G shall be made before the expiry of —

• (a) in the case of renewable energy development with an electrical capacity of 150kW or more, 2 years from the date of the notice referred to in section 37JA(a), or

• (b) in the case of renewable energy development with an electrical capacity of less than 150kW or repowering development, one year from the date of the notice referred to in section 37JA(a).]

37K. F384[Nuclear installations: no development in respect of them authorised.

37K.—Nothing in this Act shall be construed as enabling the authorisation of development consisting of an installation for the generation of electricity by nuclear fission.]

37L. F385[Quarry substitute consent applications — Board’s jurisdiction in relation to simultaneous applications for further development

37L.—F386[(1) Where a person applies for substitute consent in respect of development of land under section 177E, the person may also apply for permission for the following:

• (a) development of the land the subject of the application for substitute consent;

• (b) development of land adjoining the land the subject of the application for substitute consent.]

• (2) An application for permission F387[…] under subsection (1) shall be made to the Board.

• F386[(3) Development referred to in paragraph (a) or (b) of subsection (1) is not required to be the same as, or of the same description as, the development the subject of the application for substitute consent referred to in that subsection.]

• (4) Subject to subsections (5) and (6), an application under subsection (1) may be made not later than 6 weeks after the date of receipt by the Board of the application for substitute consent.

• F386[(5) Where prior to the date of the coming into operation of section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 an application for substitute consent has been made under section 177E, but no decision has been made by the Board in respect of that application prior to or on that date, an application for permission may be made under subsection (1) as substituted by that section 17, within 6 months of that date.]

• F386[(6) An application may not be made under subsection (1), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, where a decision has been made by the Board in respect of the application for substitute consent referred to in subsection (1) as so substituted, prior to or on the date of the coming into operation of that section 17.]

• F386[(7) Where—

• (a) subsection (5), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, applies, and

• (b) the applicant for substitute consent informs the Board by notice in writing prior to it making its decision in respect of the application for substitute consent, in this subsection referred to as the "first application", that he or she intends to submit an application for permission under subsection (1), as substituted by that section 17, in this subsection referred to as the "second application",

the Board shall, notwithstanding section 177P(1), not make its decision on the first application prior to—

• (i) the date that is 6 months after the date of the coming into operation of that section 17,

• (ii) the date the second application is received by the Board, or

• (iii) the date the applicant for substitute consent informs the Board by notice in writing that he or she no longer intends to submit a second application,

whichever is the earlier.]

• (8) Where the Board receives an application for permission under subsection (1) F387[…], it shall consider that application in conjunction with the application for substitute consent F388[referred to in subsection (1)] and it shall be the duty of the Board to take all such steps as are open to it to ensure that the decision under section 37N is made as soon as possible after the decision on the application for substitute consent.

• (9) The Board, at its own discretion and at the request of a person intending to make an application under subsection (1), may enter into consultations with the person before that person makes an application under subsection (1).

• (10) On receipt of an application under subsection (1), the Board shall send a copy of the application and, where relevant, any F388[environmental impact assessment report] or Natura impact statement to the planning authority or authorities in whose functional area or areas the proposed development would be situated.

• (11) Where the Board considers that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state which is a party to the Transboundary Convention, it shall send a copy of the application and, where relevant, any F388[environmental impact assessment report] or Natura impact statement to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may be made in writing to the Board within the period specified in that notice.

(12)(a) Where requested to do so by the Board, the planning authority for the functional area (or, as the case may be, each planning authority for the functional areas) in which the proposed development would be situated shall, within 6 weeks from the making of the request, prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the environment and the proper planning and sustainable development of the functional area of the authority, having regard in particular to the matters specified in section 34(2) to which a planning authority is to have regard.

• (b) The Board may agree to extend the period specified in F388[paragraph (a)], provided that such period of extension shall not exceed 6 weeks.

• (c) The Board may make a decision under section 37N(3) notwithstanding that a planning authority has failed to submit a report requested under paragraph (a) within the time specified in that paragraph or within such period of extension as may have been agreed under paragraph (b).

• (13) In addition to the report referred to in subsection (12), the Board may, where it considers it necessary to do so, require the planning authority or authorities referred to in that subsection or any planning authority or authorities on whose functional area or areas the proposed development would have a significant effect to furnish to the Board such information in relation to the effects of the proposed development on the proper planning and sustainable development of the functional area concerned and on the environment as the Board may specify.]

37M. F389[Section 37L: supplemental provisions

37M.—(1) Before making a decision in relation to an application for permission under section 37L the Board may, at its absolute discretion and at any time—

• (a) require the applicant for permission to submit further information, including a revised F390[environmental impact assessment report] or Natura impact statement,

• (b) indicate that it is considering granting permission, subject to the applicant for permission submitting revised particulars, plans or drawings in relation to the development,

• (c) request submissions or observations from the applicant for permission, any person who made written submissions or observations concerning the proposed development to it in accordance with the permission regulations, or any other person who may, in the opinion of the Board, have information which is relevant to the making of the decision in relation to the application, or

• (d) make any information relating to the application available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions or observations to be made to it within such period as it may specify.

• (2) The Board may, at any time after the expiration of the period specified in a notice issued under the permission regulations for making submissions or observations, make its decision under section 37N on the application.]

37N. F391[Decision by Board on application under section 37L

37N.—(1) When making a decision in relation to an application under section 37L, the Board shall consider all information relating to the application provided to it under this Act and any matter to which, by virtue of this Act, it can have regard.

• (2) Without prejudice to the generality of subsection (1), the Board shall consider—

(a)(i) any F392[environmental impact assessment report] or Natura impact statement submitted,

• (ii) any submissions or observations made to it,

• (iii) any report submitted by a planning authority in accordance with section 37L(12),

• (iv) any information furnished in accordance with section 37L(13),

• (v) any information furnished in accordance with section 37M(1), and

• (vi) any other relevant information before it relating to—

• (I) the likely consequences of the proposed development for proper planning and sustainable development in the area in which it is proposed to situate the development, and

• (II) the likely effects on the environment of the proposed development,

• (b) any report or recommendation prepared in relation to the application in accordance with section 146, including any report of a person conducting an oral hearing of the proposed development,

• (c) the provisions of the development plan or plans for the area,

• (d) the provisions of any special amenity area order relating to the area,

• (e) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (f) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact, and

• (g) the matters referred to in section 143.

• (3) The Board may, in respect of an application under section 37L for permission, decide to grant the permission, subject to or without conditions, or to refuse it.

• (4) The Board may decide to grant a permission for development, or any part of a development, under this section even if the proposed development, or part thereof, contravenes materially the development plan relating to any area in which it is proposed to situate the development where it considers that—

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

• (b) permission for the proposed development should be granted having regard to guidelines under section 28 or any relevant policy of the Government, the Minister or any Minister of the Government.

• (5) Where the Board grants a permission in accordance with subsection (4)(b), the Board shall, in addition to the requirements of section 37O(4), indicate in its decision the main reasons and considerations for contravening materially the development plan.

• (6) Without prejudice to the generality of the Board’s powers to attach conditions under subsection (3) the Board may attach to a permission for development under this section—

• (a) a condition with regard to any of the matters specified in section 34(4),

• (b) a condition requiring the payment of a contribution or contributions of the same kind as the appropriate planning authority could require to be paid under section 48 or 49 (or both) were that authority to grant the permission (and the scheme or schemes referred to in section 48 or 49, as appropriate, made by that authority shall apply to the determination of such contribution or contributions in the same way as if the authority were to impose the condition), or

• (c) a condition requiring the applicant to submit further information to it or any other local or state authority, as the Board may specify before commencing development.

• (7) In subsection (6)(b) ‘appropriate planning authority’ means whichever planning authority would, but for the operation of section 37L, be the appropriate planning authority to grant the permission referred to in this section or, where the development is situated in the functional area of more than one planning authority, the planning authority in whose functional area the largest portion of the development, as determined by the Board by reference to area, is situated.

• (8) The conditions attached under this section to a permission may provide that points of detail relating to the grant of the permission may be agreed between the planning authority or authorities in whose functional area or areas the development will be situate and the person carrying out the development; if that authority or those authorities and that person cannot agree on the point of detail, the point of detail may be referred to the Board for determination.

• (9) The Board shall not grant a permission in respect of an application under section 37L that—

• (a) is not made in accordance with, or

• (b) does not comply with the requirements of,

the permission regulations.]

37O. F393[Section 37N: supplemental provisions

37O.—(1) The Board shall send a copy of a decision under section 37N, as soon as may be after the making of the decision, to—

• (a) the applicant,

• (b) any planning authority in whose functional area the development would be situated, and

• (c) any person who made submissions or observations on the application for permission under section 37L to which the decision relates.

• (2) A planning authority referred to in subsection (1) shall enter the details of the decision under section 37N in the register.

(3)(a) Where an F394[environmental impact assessment report] was submitted with the application for permission under section 37L to which the decision relates, the Board shall cause to be published on its website a notice informing the public of the decision under section 37N.

• (b) The notice under paragraph (a) shall state that a person may question the validity of the decision by the Board to which the notice relates by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50.

• (c) The notice under paragraph (a) shall identify where practical information on the review mechanism can be found.

• (4) A decision given under section 37N and a notice of the decision required to be given under subsection (3) shall state—

• (a) the main reasons and considerations on which the decision is based,

• (b) where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, F395[…]

• F396[(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of an environmental impact assessment report) is materially different, in relation to the terms of the condition, from a recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting or for varying the recommendation in relation to such condition,

• (bb) in relation to the grant or refusal of any permission, subject to or without conditions, that the Board is satisfied, where an environmental impact assessment was carried out, that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision,

• (bc) in summary form, the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and how those results have been incorporated into the decision or otherwise addressed, and]

• (c) where a decision by the Board under section 37N F396[(being a decision which arises from the consideration of the environmental impact assessment report concerned)] to grant or to refuse permission is different, in relation to the granting or refusal of permission, from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the report to grant or refuse permission.

• (5) A grant of permission under section 37N shall be made as soon as may be after the making of the relevant decision.

• (6) A person shall not be entitled solely by reason of a permission under section 37N to carry out any development.]

37P. F397[Regulations

37P.—F398[(1) The Minister shall make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for permission under section 37L and decisions under section 37N.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may—

• (a) make provision for the payment of fees to the Board, and

• (b) make provision for matters of procedure in relation to the making of an application under section 37L, including the giving of public notice and the making of applications in electronic form.]]

37Q. F399[Objective of the Board in relation to applications under section 37L

37Q.—(1) It shall be the duty of the Board to ensure that a decision under section 37N on an application made under section 37L is made as expeditiously as is consistent with proper planning and sustainable development and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the making of that decision.

• (2) Without prejudice to the generality of subsection (1) and subject to subsections (3) to (5), it shall be the objective of the Board to ensure that a decision under section 37N on an application made under section 37L is made within a period of 18 weeks beginning on the later of—

• (a) the date of receipt of the application, or

• (b) where a report requested under section 37L(12)(a) is received within the time specified in that paragraph or within such period of extension as may have been agreed under section 37L(12)(b), the date of receipt of that report.

• (3) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Board is concerned, to determine the matter within the period referred to in subsection (2), the Board shall, by notice in writing served on the applicant for permission, any planning authority involved and any other person who submitted submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Board intends that the matter shall be determined.

• (4) Where a notice has been served under subsection (3), the Board shall take all such steps as are open to it to ensure that the matter is determined before the date specified in the notice.

• (5) The Board shall include in each report made under section 118 a statement of the number of matters which the Board has determined within the period referred to in subsection (2) and such other information as to the time taken to determine such matters as the Minister may direct.]

37R. F400[Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1) which were not refused by virtue of section 34B(5) or 34C(5)

37R.—(1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where, pursuant to section 34B(15) or 34C(16), that decision incorporates a regulatory decision of the competent authority under section 34B(13)(a) or 34C(14)(a), as the case may be.

• (b) The competent authority shall be a party to the appeal notwithstanding section 34B(15)(b) or 34C(16)(b).

• (2) For the purposes of a relevant appeal, the reference in section 37(1) to ‘any person who made submissions or observations in writing in relation to the planning application to the planning authority’ includes any person who made submissions or observations in writing referred to in section 34B(11)(c) or 34C(12)(c) to the competent authority in relation to the draft regulatory decision or related report referred to in section 34B(9) or (10), as the case may be, or section 34C(10) or (11), as the case may be.

• (3)
• (a) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the Board’s consideration of the relevant appeal as if any reference to the competent authority in those subsections were a reference to the Board.

• (b) 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 forming part of the Board’s consideration of the relevant appeal as those subsections apply to measures and restrictions referred to in those subsections.

• (c) The Board may, in its decision on the relevant appeal and its related report (subsection (7)(a)), accept or reject all or any part of either or both—

• (i) the relevant regulatory decision the subject of the appeal, or

• (ii) the report prepared under section 34B(10) and revised under section 34B(13)(b), or prepared under section 34C(11) and revised under section 34C(14)(b), as appropriate, which relates to such relevant regulatory decision.

• (4)
• (a) Paragraphs (b) and (c) apply where the Board is considering, in its determination of the relevant appeal in so far as the appeal relates to the relevant regulatory decision, adopting noise mitigation measures or operating restrictions (if any), or a combination thereof, which were not, during the process that gave rise to the relevant regulatory decision, the subject of previous consultation conducted by the competent authority pursuant to section 34B or 34C, as the case may be.

• (b) Subsection (12) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to the Board and the decision it is minded to make on the relevant appeal as if any reference to the competent authority in that subsection were a reference to the Board and as if any reference in that subsection to the draft regulatory decision were a reference to the decision that the Board is minded to make on the relevant appeal.

• (c) The Board shall—

• (i) publish on its website a draft of the decision it is minded to make on the relevant appeal in so far as the decision relates to the relevant regulatory decision—

• (I) identifying all the noise mitigation measures and operating restrictions (if any) proposed to be adopted by the Board and not just such measures and restrictions (if any) referred to in paragraph (a), and

• (II) stating, at a minimum, the Board’s reasons for the draft decision and having annexed to it the related report (subsection (4)(b)),

and

• (ii) on the same date as complying with subparagraph (i) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper—

• (I) stating that the Board has made a draft decision under paragraph (c)(i) on the relevant appeal in so far as the appeal relates to the relevant regulatory decision and prepared the related report (subsection (4)(b)),

• (II) stating particulars of how persons may view or otherwise have access to the draft decision and related report (subsection (4)(b)) (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 Board during office hours),

• (III) 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 decision (including any annex thereto) before the expiration of 14 weeks beginning on the date on which the notice was so published in the national newspaper, and

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

• (5)
• (a) The Board shall, as soon as is practicable after it complies with subsection (4), give each of the appellant and the other parties to the relevant appeal a copy of the draft decision referred to in subsection (4)(c)(i).

• (b) For the avoidance of doubt, it is hereby declared that the appellant and the other parties to the relevant appeal may each make submissions or observations referred to in subsection (4)(c)(ii)(II) in accordance with that subsection.

• (6)
• (a) Where subsection (4) applies, the Board shall, as soon as is practicable after it complies with paragraph (c) of that subsection, by notice in writing direct the airport authority to—

• (i) engage in discussions with the Irish Aviation Authority and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft decision referred to in subsection (4)(c)(i), and

• (ii) inform the Board of the outcome of those discussions before the expiration of the 14 weeks referred to in subsection (4)(c)(ii)(II).

• (b) The airport authority shall comply with a direction given to it under paragraph (a).

• (7) The Board shall, as soon as is practicable after it makes a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision—

• (a) publish on its website the first-mentioned decision, in so far as it so relates, to which is annexed a report prepared by the Board in relation to such decision stating the Board’s reasons for such decision and including therein—

• (i) such of the matters referred to in paragraphs (a) to (j) of subsection (10) of section 34B or paragraphs (a) to (j) of subsection (11) of section 34C, as the case may be, as are appropriate (which inclusion may be achieved, at the Board’s discretion, by the adoption by it of any part of the report concerned referred to in subsection (3)(c)(ii)), and

• (ii) if subsection (4) applies, the related report (subsection (4)(b)) revised by the Board to take into account all documents, submissions or observations (if any), and such other information, given to it pursuant to a provision of this section and to take into account the first-mentioned decision in so far as it so relates,

• (b) on the same date as complying with paragraph (a) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper stating—

• (i) that it has made a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision,

• (ii) particulars of how persons may view or otherwise have access to such decision (including any annex thereto) in so far as it so relates (which shall include being able to view the decision, or purchase a copy of the decision at a reasonable cost, at the offices of the Board during office hours), and

• (iii) that a person may question the validity of the Board’s decision on the relevant appeal (including such decision in so far as it relates to the relevant regulatory decision) by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50,

• (c) send a copy of such decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the appellant, the other parties to the relevant appeal and (if the airport authority is neither the appellant nor another party to the relevant appeal) the airport authority, and

• (d) if subsection (4) applied, send a copy of such decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the return addresses of the persons who have made submissions or observations referred to in subsection (4)(c)(ii)(II) in accordance with that subsection on the draft decision concerned.

• (8) Where the Board has failed to make a decision under section 37 as read with this section in relation to the relevant appeal within the period it is required to do so by a provision of this Act and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Board shall nevertheless proceed to make such decision and the decision so made shall be considered to have been made under section 37 notwithstanding such failure.

• (9) Subject to subsection (10), a noise mitigation measure to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision shall—

• (a) come into effect on the day immediately following the day on which, pursuant to subsection (7), that first-mentioned decision is published on the website of the Board, and

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

• (10) The Board may, by notice published on its website on the same date as the decision first-mentioned in subsection (9) is, pursuant to subsection (7), 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.

• (11) Subject to section 26 (b) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, the Board shall, in relation to an operating restriction to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision, 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.

• (12) Subject to subsection (13), an operating restriction to which subsection (11) applies 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.

• (13) The Board may, by notice published on its website at any time before the day first-mentioned in subsection (12)(a)—

• (a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction to which subsection (12) applies, and

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

• (14) In this section—

"related report (subsection (4)(b))" means the report (if any) prepared by the Board pursuant to subsection (4)(b);

"related report (subsection (7)(a))" means the report prepared by the Board pursuant to subsection (7)(a);

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

"relevant regulatory decision", in relation to a relevant appeal, means the relevant regulatory decision referred to in subsection (1) which is incorporated into the planning authority’s decision under section 34 that is the subject of the relevant appeal.]

37S. F401[Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1)

37S.—(1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where—

• (i) pursuant to section 34B(1)(a), the competent authority concludes that it is not of the opinion referred to in section 34B(1)(a)(iii), or

• (ii) pursuant to section 34B(5) or 34C(5), that decision is to refuse the application concerned.

• (b) The competent authority shall be a party to the appeal notwithstanding section 34B(5)(d) or 34C(5)(d).

• (2) Without prejudice to the generality of the Board’s powers under section 37, or under section 37 as read with any other provision of this Act, the Board shall, in determining the appeal—

• (a) where subsection (1)(a)(i) applies, take into account such of the provisions of section 34B following subsection (1) of such section 34B, and of section 26 (b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal,

• (b) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34B(5), take account of such of the provisions of section 34B following subsection (5) of such section 34B, and of section 26(b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal, or

• (c) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34C(5), take account of such of the provisions of section 34C following subsection (5) of such section 34C, and of section 26(b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal.

• (3) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to—

• (a) the Board’s consideration of the appeal in so far as such consideration relates to—

• (i) a conclusion referred to in subsection (1)(a)(i), or

• (ii) a refusal referred to in subsection (1)(a)(ii),

and

• (b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a),

as if any reference to the competent authority in those subsections (1) to (3) of that section 9 were a reference to the Board.

• (4) 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 forming part of the Board’s consideration of the appeal as those subsections apply to measures and restrictions referred to in those subsections.

• (5) Subsection (12) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to—

• (a) the Board and the decision it is minded to make on the appeal in so far as such decision relates to—

• (i) a conclusion referred to in subsection (1)(a)(i), or

• (ii) a refusal referred to in subsection (1)(a)(ii),

and

• (b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a),

as if any reference to the competent authority in such subsection (12) were a reference to the Board and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Board is minded to make on such appeal.]

38. Availability of documents relating to planning applications.

38.—F402[(1) Where a planning authority gives its decision in respect of a planning application the following documents shall be made available by the authority within 3 working days by placing the documents on its website, and may also make available such documents both in electronic form and for inspection and purchase by members of the public during office hours:]