PLANNING AND DEVELOPMENT ACT, 2000

• (f) specify the period within which, unless otherwise agreed in the discussions entered into pursuant to an invitation in the notice in accordance with paragraph (e), the measures specified in the notice shall be carried out, being a period of not less than 8 weeks from the date of the coming into force of the notice,

• (g) state that the planning authority shall pay any expenses that are reasonably incurred by that person in carrying out the steps specified in the notice, other than expenses that relate to unauthorised development carried out not more than 7 years prior to the service of the notice, and

• (h) state that the planning authority shall, by way of compensation, pay, to any person who shows that as a result of complying with the notice—

• (i) the value of an interest he or she has in the land or part thereof existing at the time of the notice has been reduced, or

• (ii) he or she, having an interest in the land at that time, has suffered damage by being disturbed in his or her enjoyment of the structure or other land,

a sum equal to the amount of such reduction in value or a sum in respect of the damage suffered.

• (3) If the invitation in a notice in accordance with subsection (2)(d) to enter into discussions is accepted, the planning authority shall take all such measures as may be necessary to enable the discussions concerned to take place.

• (4) After considering any representations made and any discussions held pursuant to invitations in a notice under subsection (2), the planning authority may confirm, amend or revoke the notice and shall notify in writing the person to whom the notice is addressed.

• (5) Any person served with a notice under subsection (1) may, within 8 weeks from the date of notification of the confirmation or amendment of the notice under subsection (4), appeal to the Board against the notice.

• (6) Where an appeal is brought under subsection (5) against a notice, the Board may, after taking into account—

• (a) the proper planning and sustainable development of the area,

• (b) the provisions of the development plan for the area,

• (c) any local area plan or integrated area plan (within the meaning of the Urban Renewal Act, 1998) in force relating to the area to which the scheme relates, and

• (d) the provisions of the approved scheme concerned,

confirm with or without modification, or annul, the notice.

• (7) A notice served by a planning authority under subsection (1) may, for stated reasons, by notice in writing, be withdrawn.

• (8) A notice under this section (other than a notice that has been withdrawn) shall not come into force—

• (a) until the expiry of any period within which an appeal against the notice may be brought, or

• (b) where an appeal is taken against the notice, when the appeal has been withdrawn or decided,

as may be appropriate.

89. Implementation of the notice under section 88.

89.—If, within 8 weeks from the date of the coming into force of the notice or such longer period as may be agreed by the planning authority and the person to whom the notice is addressed, the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning required by the notice has not been effected, the planning authority may, subject to section 252, enter the structure or land and may effect such restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning as is specified in the notice.

90. Court may compel compliance with notice under section 88.

90.—(1) Where a person served with a notice under section 88 fails to comply with a requirement of the notice, or causes or permits a person to fail to comply with such a requirement, the High Court or the Circuit Court may, on the application of the planning authority, order any person to comply with the notice or to do, or refrain from doing or continuing to do, anything that the Court considers necessary or expedient to ensure compliance with the terms of the said notice.

• (2) An order under subsection (1) may, without prejudice to that subsection, require such person as is specified in the order to carry out any works, including the restoration, demolition, removal, alteration, replacement, maintenance, repair or cleaning of any structure or other feature, or the discontinuance of any use, or continuance thereof subject to such conditions as are specified in the order.

• (3)
• (a) An application to the High Court or the Circuit Court for an order under subsection (1) shall be by motion and the Court when considering the matter may make such interim or interlocutory order, if any, as it considers appropriate.

• (b) The order by which an application under this section is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.

• (4) Rules of Court made in respect of section 27 of the Act of 1976 (inserted by section 19 of the Act of 1992) shall apply with any necessary modifications to an application under this section.

• (5)
• (a) An application under subsection (1) to the Circuit Court shall be made to the judge of the Circuit Court for the circuit in which the land the subject of the application is situated.

• (b) The Circuit Court shall have jurisdiction to hear and determine an application under this section where the F464[market value] of the land the subject of the application does not exceed F464[€3,000,000].

• (c) Where the F464[market value] of any land the subject of the application under this section exceeds F464[€3,000,000], the Circuit Court shall, if an application is made to it in that behalf by any person having an interest in the proceedings, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before the transfer shall be valid unless discharged or varied by order of the High Court.

• F465[(d) In this subsection "market value" means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]

91. Offence to fail to comply with notice under section 88.

91.—Where a person served with a notice under section 88 fails to comply with a requirement of the notice, or causes or permits a person to fail to comply with such a requirement, he or she shall be guilty of an offence.

92. Permission not required for any development required under this Chapter.

92.—Notwithstanding Part III, permission shall not be required in respect of a development required by a notice under section 88 or an order under section 90.

PART V Housing Supply

93. Interpretation.

93.—(1) In this Part—

F466["cost rental housing" means housing comprising cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021;]

F467["housing strategy" means a strategy included in a development plan in accordance with section 94(1);

F468["market value"—

• (a) in relation to a house, means the price which the unencumbered fee simple of the house would fetch if sold on the open market, and

• (b) in relation to land in respect of which planning permission is granted, means the price which the unencumbered fee simple of the land would have fetched if it had been sold on the open market on the date of the grant of planning permission;]

“mortgage” means a loan for the purchase of a house secured by mortgage in an amount not exceeding 90 per cent of the price of the house.]

• (2) F469[…]

• (3) F469[…]

• (4) For the avoidance of doubt, it is hereby declared that, in respect of any planning application or appeal, compliance with the housing strategy and any related objective in the development plan shall be a consideration material to the proper planning and sustainable development of the area.

94. Housing strategies.

94.—(1) F470[…]

• F471[(2) F470[…]]

• (3) F470[…]

• (4)
• (a) A housing strategy shall include an estimate of the amount of—

• F472[(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009, F473[…]]

• F474[(ii) housing for eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021, and]

• F475[(iii) cost rental housing,]

required in the area of the development plan during the period of the development plan and the estimate may state the different requirements for different areas within the area of the development plan.

• (b) F476[…]

• F474[(c) F470[…]]

• F474[(d) F470[…]]

• (5) F470[…]

• F477[(6) F470[…]

• (7) F470[…]]

• F478[(8) F470[…]]

95. Housing strategies and development plans.

95.—F479[…]

96. F480[Provision of social and affordable housing, etc.

96.—(1) Subject to subsection (13) and section 97, F481[the provisions of this section shall apply to an application for permission for the development of houses on land], or where an application relates to a mixture of developments, to that part of the application which relates to the development of houses on such land, in addition to the provisions of section 34 F482[and, where applicable, Part 9 of the Land Development Agency Act 2021].

• (2) A planning authority, or the Board on appeal, shall require as a condition of a grant of permission that the applicant, or any other person with an interest in the land to which the application relates, F483[prior to the lodgement of a commencement notice within the meaning of Part II of the Building Control Regulations 1997,] enter into an agreement under this section with the planning authority, providing, in accordance with this section, for the matters referred to in paragraph (a) or (b) of subsection (3).

• (3)
• F481[(a) Subject to paragraphs (b) and (j), an agreement under this section shall provide for the transfer to the planning authority of the ownership of 20 per cent of the land that is subject to the application for permission for the provision of housing referred to in section 94(4)(a).]

• (b) Instead of the transfer of land referred to in paragraph (a) and subject to paragraph (c) and the other provisions of this section, an agreement under this section may provide for—

• (i) the building and transfer, on completion, to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on the land which is subject to the application for permission of such number and description as may be specified in the agreement,

• (ii) F484[…]

• (iii) F484[…]

• F485[(iv) the transfer to the ownership of the planning authority, or to the ownership of persons nominated by the authority in accordance with this Part, of houses on any other land within the functional area of the planning authority of such number and description as may be specified in the agreement,]

• F483[(iva) the grant to the planning authority F486[, or persons nominated by the authority in accordance with this Part,] of a lease under the Housing Acts 1966 to 2014 of houses on the land which is subject to the application for permission, or on any other land within the functional area of the planning authority, of such number and description as may be specified in the agreement,]

• (v) F484[…]

• (vi) F484[…]

• (vii) a combination of a transfer of land referred to in paragraph (a) (but involving a lesser amount of such land than if the agreement solely provided for a transfer under that paragraph) and the doing of one or more of the things referred to in the preceding subparagraphs,

• F487[(viii) a combination of the doing of 2 or more of the things referred to in subparagraphs (i) to (iva),]

F487[but, subject, in every case, to the provision that is made under this paragraph resulting in the aggregate of the net monetary value of the property transferred, or the reduction in rent payable over the term of a lease referred to in F481[subparagraph (iva)] (excluding any reduction for maintenance, management and void periods specified in such lease), by virtue of the agreement being equivalent to the net monetary value, that is to say, the open market value less the existing use value, of the land that the planning authority would receive if the agreement solely provided for a transfer of land under paragraph (a).]

• F486[(bb) Where property is transferred to a planning authority under paragraph (a) or (b) or there is a reduction in rent payable over the term of a lease referred to in paragraph (b)(iva) (excluding any reduction for maintenance, management and void periods specified in such lease), the planning authority shall use at least half of the aggregate of the net monetary value of that property and of any reduction in rent calculated in accordance with paragraph (b) for the provision of housing referred to in section 94(4)(a)(i).]

• (c) In considering whether to enter into an agreement under paragraph (b), the planning authority shall consider each of the following:

• (i) whether such an agreement will contribute effectively and efficiently to the achievement of the objectives of the housing strategy;

• (ii) whether such an agreement will constitute the best use of the resources available to it to ensure an adequate supply of housing and any financial implications of the agreement for its functions as a housing authority;

• (iii) the need to counteract undue segregation in housing between persons of different social background in the area of the authority;

• (iv) whether such an agreement is in accordance with the provisions of the development plan;

• (v) the time within which housing referred to in section 94(4)(a) is likely to be provided as a consequence of the agreement.

• F487[(d) Where houses are to be transferred to the planning authority F486[or persons nominated by the authority] in accordance with an agreement under paragraph (b), the price of such houses shall be determined on the basis of—

• (i) the site cost of the houses (calculated in accordance with subsection (6)), and

• (ii) the costs, including normal construction and development costs and profit on those costs, calculated at open market rates that would have been incurred by the planning authority had it retained an independent builder to undertake the works, including the appropriate share of any common development works, as agreed between the authority and the developer.]

• (e) Where an agreement under this section provides for the transfer of F487[land or houses], F487[the houses] or the land, whether in one or more parts, shall be identified in the agreement.

• (f) In so far as it is known at the time of the agreement, the planning authority shall indicate to the applicant its intention in relation to the provision of housing, including a description of the proposed houses, on the land F484[…] to be transferred F488[, or to be the subject of a lease,] in accordance with paragraph (a) or (b).

• (g) Nothing in this subsection shall be construed as requiring the applicant or any other person (other than the planning authority) to enter into an agreement under paragraph (b) instead of an agreement under paragraph (a).

• (h) For the purposes of an agreement under this subsection, the planning authority shall consider—

• (i) the proper planning and sustainable development of the area to which the application relates,

• (ii) the housing strategy and the specific objectives of the development plan which relate to the implementation of the strategy,

• (iii) the need to ensure the overall coherence of the development to which the application relates, where appropriate, and

• (iv) the views of the applicant in relation to the impact of the agreement on the development.

• (i) Government guidelines on public procurement shall not apply to an agreement made under paragraph (a) or (b) except in the case of an agreement which is subject to the requirements of Council Directive No. 93/37/EEC¹ on the co-ordination of procedures relating to the award of Public Works Contracts and any directive amending or replacing that directive.

• F486[(j) Where—

• (i) the permission is granted before 1 August 2021, or

• (ii) the permission is granted during the period beginning on 1 August 2021 and ending on 31 July 2026 and the land to which the application for permission relates was purchased by the applicant, or the person on whose behalf the application is made, during the period beginning on 1 September 2015 and ending on 31 July 2021,

the reference to “20 per cent of the land” in paragraph (a) shall be read as “10 per cent of the land” and the reference in paragraph (bb) to “at least half of the aggregate of the net monetary value” shall be read as “all of the aggregate of the net monetary value.]

• (4) An applicant for permission shall, when making an application to which this section applies, specify the manner in which he or she would propose to comply with a condition to which subsection (2) relates, were the planning authority to attach such a condition to any permission granted on foot of such application, and where the planning authority grants permission to the applicant subject to any such condition it shall have regard to any proposals so specified.

• (5) In the case of a dispute in relation to any matter which may be the subject of an agreement under this section, other than a dispute relating to a matter that falls within subsection (7), the matter may be referred by the planning authority or any other prospective party to the agreement to the Board for determination.

• (6) Where ownership of land is transferred to a planning authority pursuant to subsection (3), the planning authority shall, by way of compensation, pay to the owner of the land a sum equal to—

• (a) (i) in the case of—

• (I) land purchased by the applicant before 25 August 1999, or

• (II) land purchased by the applicant pursuant to a legally enforceable agreement entered into before that date or in exercise of an option in writing to purchase the land granted or acquired before that date,

the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon (including, in circumstances where there is a mortgage on the land, interest paid in respect of the mortgage) as may be determined by the property arbitrator,

• (ii) in the case of land the ownership of which was acquired by the applicant by way of a gift or inheritance taken (within the meaning of the Capital Acquisitions Tax Act, 1976) before 25 August 1999, a sum equal to the market value of the land on the valuation date (within the meaning of that Act) estimated in accordance with section 15 of that Act,

• (iii) in the case of—

• (I) land purchased before 25 August 1999, or

• (II) land purchased pursuant to a legally enforceable agreement to purchase the land entered into before that date, or in exercise of an option, in writing, to purchase the land granted or acquired before that date,

(where the applicant for permission is a mortgagee in possession of the land) the price paid for the land, or the price agreed to be paid for the land pursuant to the agreement or option, together with such sum in respect of interest thereon calculated from that date (including any interest accruing and not paid in respect of the mortgage) as may be determined by the property arbitrator,

or

• (b) the value of the land calculated by reference to its existing use F487[on the date on which the permission referred to in subsection (2) is granted] on the basis that on that date it would have been, and would thereafter have continued to be, unlawful to carry out any development in relation to that land other than exempted development,

whichever is the greater.

• (7)
• (a) Subject to paragraph (b), a property arbitrator appointed under section 2 of the Property Values (Arbitration and Appeals) Act, 1960, shall (in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919), in default of agreement, fix the following where appropriate:

• (i) the number and price of houses to be transferred under subsection (3)(b)(i), (iv), (vii) or (viii);

• F483[(ia) in the case of an agreement referred to in subsection (3)(b)(iva), the number of houses and the rent payable under such an agreement;]

• (ii) F484[…]

• (iii) the compensation payable under subsection (6) by a planning authority to the owner of land;

• (iv) the payment of an amount to the planning authority under subsection (3)(b)(vi), (vii) or (viii); and

• (v) the allowance to be made under section 99(3)(d)(i).

• (b) For the purposes of paragraph (a), section 2(2) of the Acquisition of Land (Assessment of Compensation) Act, 1919, shall not apply and the value of the land shall be calculated on the assumption that it was at that time and would remain unlawful to carry out any development in relation to the land other than exempted development.

• (c) Section 187 shall apply to compensation payable under subsection (6).

• (8) Where it is a condition of the grant of permission that an agreement be entered into in accordance with subsection (2) and, because of a dispute in respect of any matter relating to the terms of such an agreement, F489[parties are unable to reach an agreement], F483[the planning authority,] the applicant or any other person with an interest in the land to which the application relates may—

• (a) if the dispute relates to a matter falling within subsection (5), refer the dispute under that subsection to the Board, or

• (b) if the dispute relates to a matter falling within subsection (7), refer the dispute under that subsection to the property arbitrator,

and the Board or the property arbitrator, as may be appropriate, shall determine the matter as soon as practicable.

• (9)
• (a) Where ownership of land F484[…] is transferred to a planning authority in accordance with subsection (3), the authority may—

• (i) provide, or arrange for F489[the provision on the land of, housing of the type] referred to in section 94(4)(a),

• (ii) make land F484[…] available to F489[persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 or eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021] for the development of houses by them for their own occupation, or

• (iii) make land F484[…] available to a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992, for the F489[provision on the land of housing of the type] referred to in section 94(4)(a).

• (b) Pending the provision of houses or sites in accordance with paragraph (a)(i), or the making available of land or sites in accordance with paragraph (a)(ii) or (iii), the planning authority shall maintain the land or sites in a manner which does not detract, and is not likely to detract, to a material degree from the amenity, character or appearance of land or houses in the neighbourhood of the land or sites.

• (10)
• (a) Where a house is transferred to a planning authority or its nominees under subsection (3)(b), it shall be used for the housing of F489[persons eligible under regulations under section 31 (3) of the Affordable Housing Act 2021 to be tenants of cost rental dwellings, persons eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 or eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021].

• F489[(b) A nominee of a planning authority may be a person eligible for social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009 , an eligible applicant within the meaning of Part 2 of the Affordable Housing Act 2021 or a body approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act 1992 for the provision of housing of the type referred to in section 94(4)(a).]

• F482[(10A) A dwelling that is the subject of an agreement referred to in section 75 of the Land Development Agency Act 2021 shall not be reckoned in determining whether or not the condition imposed by this section has been complied with.]

• (11) Notwithstanding any provision of this or any other enactment, if a planning authority becomes satisfied that land, a site or a house transferred to it under subsection (3) is no longer required for the purposes specified in subsection (9) or (10), it may use the land, site or house for another purpose connected with its functions or sell it for the best price reasonably obtainable and, in either case, it shall pay an amount equal to the market value of the land, site or house or the proceeds of the sale, as the case may be, into the separate account referred to in subsection (12).

• F490[(12) Any amount referred to in subsection (11) and any amount paid to a planning authority in accordance with subsection (3)(b)(vi), (vii) or (viii) shall be accounted for in a separate account and shall only be applied as capital for its functions in relation to the provision of housing under the Housing Acts 1966 to 2009 F491[…].]

• (13) This section shall not apply to applications for permission for—

• (a) development consisting of the provision of F492[cost rental housing or] houses by a body standing approved for the purposes of section 6 of the Housing (Miscellaneous Provisions) Act, 1992, for the provision of housing F493[required for households assessed under section 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support], where such houses are to be made available for letting or sale,

• (b) the conversion of an existing building or the reconstruction of a building to create one or more dwellings, provided that 50 per cent or more of the existing external fabric of the building is retained,

• (c) the carrying out of works to an existing house, or

• (d) development of houses pursuant to an agreement under this section.

• (14) A planning authority may, for the purposes of an agreement under this section, agree to sell, lease or exchange any land within its ownership to the applicant for permission, in accordance with section 211.

• (15) In this section, "owner" means—

• (a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose (whether in possession or reversion) of the fee simple of the land, and

• (b) a person who, under a lease or agreement the unexpired term of which exceeds 5 years, holds or is entitled to the rents or profits of the land.]

96A. F498[Restoration of normal limit of duration for certain permissions.

96A.—Sections 40 to 42 shall apply to permissions granted under Part IV of the Act of 1963 or under Part III of this Act pursuant to an application made after 25 August 1999 and to which this Part would have applied if the application for permission had been made after the inclusion of a housing strategy in the development plan under section 94(1).]

96B. F499[Levy to be paid in consideration of restoration effected by section 96A.

96B.—(1) In this section—

"house" means—

• (a) a building or part of a building which has been built for use as a dwelling, and

• (b) in the case of a block of apartments or other building or part of a building comprising 2 or more dwellings, each of those dwellings;

"market value", in relation to a house, means the price which the house might reasonably be expected to fetch on a sale in the open market;

"relevant house" means a house, permission for which would have ceased to have effect or expired but for section 4 of the Planning and Development (Amendment) Act, 2002.

• (2) There shall be deemed to be attached to a permission referred to in section 96A a condition providing that there shall, in accordance with subsections (3) to (5), be paid to the planning authority an amount in respect of—

• (a) unless paragraph (b) applies as respects the particular house, the first disposal of each relevant house built on foot of that permission,

• (b) if, as respects a particular relevant house—

• (i) it is built on foot of that permission by a person for his or her own occupation, or

• (ii) it is built on foot of that permission for a person (‘the first-mentioned person’) by another for the first-mentioned person’s occupation and that other person is not the person from whom the first-mentioned person acquires his or her interest in the land on which the house is built,

the completion of the building of that relevant house on foot of that permission.

• (3) In subsection (2) ‘first disposal’, in relation to a relevant house, means whichever of the following first occurs after the house is built—

• (a) the sale, at arm’s length, of the house (whether the agreement for that sale is entered into before or after the building of the house is completed),

• (b) the granting of a tenancy or lease in respect of the house for the purpose of the grantee of the tenancy or lease occupying the house, or

• (c) the sale, otherwise than at arm’s length, of the house (whether the agreement for that sale is entered into before or after the building of the house is completed) or the transfer of the beneficial interest in the house.

• (4) The amount of the payment referred to in subsection (2) shall be—

• (a) where the disposal of the house concerned falls within subsection (3)(a)—

• (i) if the consideration paid to the vendor by the purchaser equals or exceeds €270,000, an amount equal to 1 per cent of the consideration so paid,

• (ii) if the consideration paid to the vendor by the purchaser is less than €270,000, an amount equal to 0.5 per cent of the consideration so paid,

• (b) where either—

• (i) the disposal of the house concerned falls within subsection (3)(b) or (c), or

• (ii) subsection (2)(b) applies as respects the house concerned,

an amount equal to—

• (I) if the market value of the house at the time of the disposal or upon the completion of its building, equals or exceeds €270,000, 1 per cent of the market value of the house at the time of that disposal or upon that completion,

• (II) if the market value of the house at the time of the disposal or upon such completion is less than €270,000, 0.5 per cent of the market value of the house at the time of that disposal or upon such completion.

• (5) The payment referred to in subsection (2) shall be made at such time as the planning authority specifies (and the time that is so specified may be before the date on which the disposal concerned of the relevant house is effected).

• (6) Any amount paid to a planning authority in accordance with this section shall be accounted for in a separate account and shall only be applied as capital for its functions under this Part or by a housing authority for its functions in relation to the provision of housing under the Housing Acts, 1966 to 2002.

• (7)
• (a) The planning authority shall issue, in respect of the payment to it of an amount (being the amount required to be paid under this section in a particular case), a receipt, in the prescribed form, to the payer stating that the liability for payment of that amount in the case concerned has been discharged.

• (b) A document purporting to be a receipt issued under this subsection by the planning authority shall be prima facie evidence that the liability for the payment of the amount to which it relates has been discharged.

• (8) Any of the following—

• (a) a provision of a contract of sale of a house,

• (b) a provision of a contract for the building for a person of a house for his or her occupation,

• (c) a covenant or other provision of a conveyance of an interest in a house,

• (d) a covenant or other provision of a lease or tenancy agreement in respect of a house,

• (e) a provision of any other agreement (whether oral or in writing),

which purports to require the purchaser, the person referred to in paragraph (b), the grantee of the interest or the grantee of the lease or tenancy, as the case may be, to pay the amount referred to in subsection (2) or to indemnify another in respect of that other’s paying or liability to pay that amount shall be void.

• (9) Any amount paid by the purchaser, person referred to in subsection (8)(b) or grantee of an interest or a lease or tenancy, pursuant to a provision or covenant referred to in subsection (8), may be recovered by him or her from the person to whom it is paid as a simple contract debt in any court of competent jurisdiction.

• (10) This section shall not apply to permissions for development consisting of the provision of 4 or less houses, or for housing on land of 0.1 hectares or less.

• (11) For the avoidance of doubt, in this section "sale", in relation to a house, includes any transaction or series of transactions whereby the vesting by the builder in another person of the interest in the land on which the house is built by the builder is effected separately from the conclusion of the arrangements under which the house is built for that other person by the builder.]

97. Development to which section 96 shall not apply.

97.—(1) In this section—

“applicant” includes a person on whose behalf a person applies for a certificate;

“the court” other than in subsections (19) and (21), means the Circuit Court for the circuit in which all or part of the development, to which the application under subsection (3) relates, is situated.

• (2) For the purposes of this section—

• (a) 2 or more persons shall be deemed to be acting in concert if, pursuant to an agreement, arrangement or understanding, one of them makes an application under subsection (3) or causes such an application to be made, and

• (b) land in the immediate vicinity of other land shall be deemed in any particular case not to include land that is more than 400 metres from the land second-mentioned in this subsection.

• (3) A person may, before applying for permission in respect of a development—

• (a) consisting of the provision of F501[4 or fewer] houses, or

• (b) for housing on land of F502[0.1 hectares] or less,

apply to the planning authority concerned for a certificate stating that section 96 shall not apply to a grant of permission in respect of the development concerned (in this section referred to as a “certificate”), and accordingly, where the planning authority grants a certificate, section 96 shall not apply to a grant of permission in respect of the development concerned.

• (4) Subject to—

• (a) subsections (6) and (12), and

• (b) compliance by the applicant for a certificate with subsection (8),

a planning authority to which an application has been made under and in accordance with this section may grant a certificate to the applicant.

• (5) An application for a certificate shall be accompanied by a statutory declaration made by the applicant—

• (a) giving, in respect of the period of 5 years preceding the application, such particulars of the legal and beneficial ownership of the land, on which it is proposed to carry out the development to which the application relates, as are within the applicant’s knowledge or procurement,

• (b) identifying any persons with whom the applicant is acting in concert,

• (c) giving particulars of—

• (i) any interest that the applicant has, or had at any time during the said period, in any land in the immediate vicinity of the land on which it is proposed to carry out such development, and

• (ii) any interest that any person with whom the applicant is acting in concert has, or had at any time during the said period, in any land in the said immediate vicinity, of which the applicant has knowledge,

• (d) stating that the applicant is not aware of any facts or circumstances that would constitute grounds under subsection (12) for the refusal by the planning authority to grant a certificate,

• (e) giving such other information as may be prescribed.

• (6)
• (a) A planning authority may require an applicant for a certificate to provide it with such further information or documentation as is reasonably necessary to enable it to perform its functions under this section.

• (b) Where an applicant refuses to comply with a requirement under paragraph (a), or fails, within a period of 8 weeks from the date of the making of the requirement, to so comply, the planning authority concerned shall refuse to grant the applicant a certificate.

• (7) A planning authority may, for the purpose of performing its functions under this section, make such further inquiries as it considers appropriate.

• (8) It shall be the duty of the applicant for a certificate, at all times, to provide the planning authority concerned with such information as it may reasonably require to enable it to perform its functions under this section.

• (9) The Minister may make regulations in relation to the making of an application under this section.

• (10) Where a planning authority fails within the period of 4 weeks from—

• (a) the making of an application to it under this section, or

• (b) (in the case of a requirement under subsection (6)) the date of receipt by it of any information or documentation to which the requirement relates,

to grant, or refuse to grant a certificate, the planning authority shall on the expiry of that period be deemed to have granted a certificate to the applicant concerned.

• (11) Particulars of a certificate granted under this section shall be entered on the register.

• (12) A planning authority shall not grant a certificate in relation to a development if the applicant for such certificate, or any person with whom the applicant is acting in concert—

• (a) has been granted, not earlier than 5 years before the date of the application, a certificate in respect of a development F503[on the land on which it is proposed to carry out the first-mentioned development or land in its immediate vicinity], and the certificate at the time of the application remains in force, or

• (b) has carried out, or has been granted permission to carry out, a development referred to in subsection (3), not earlier than—

• (i) 5 years before the date of the application, and

• (ii) one year after the coming into operation of this section,

in respect of the land on which it is proposed to carry out the first-mentioned development, or land in its immediate vicinity, unless—

• (I) the aggregate of any development to which paragraph (a) or (b) relates and the first-mentioned development would not, if carried out, exceed 4 houses, or

• (II) (in circumstances where the said aggregate would exceed 4 houses) the aggregate of the land on which any development to which paragraph (a) or (b) relates, and the land on which it is proposed to carry out the first-mentioned development, does not exceed F504[0.1 hectares].

• (13) Where a planning authority refuses to grant a certificate, it shall by notice in writing inform the applicant of the reasons for its so refusing.

• (14)
• (a) Where a planning authority to which an application has been made under subsection (3) refuses to grant a certificate to the applicant, he or she may, not later than 3 weeks from the date on which the applicant receives notification of the refusal by the planning authority to grant the certificate, or such later date as may be permitted by the court, appeal to the court for an order directing the planning authority to grant to the applicant a certificate in respect of the development.

• (b) The court may at the hearing of an appeal under paragraph (a)—

• (i) dismiss the appeal and affirm the refusal of the planning authority to grant the certificate, or

• (ii) allow the appeal and direct the planning authority to grant the applicant a certificate in respect of the development concerned.

• (15) A planning authority shall comply with a direction of the court under this section.

• (16)
• (a) Subject to paragraph (b), a planning authority shall revoke a certificate, upon application in that behalf being made to it by the owner of land to which the certificate related, or by any other person acting with the permission of such owner.

• (b) A planning authority shall not revoke a certificate under this subsection where permission has been granted in respect of the development to which the certificate relates.

• (17) A person who, knowingly or recklessly—

• (a) makes a statutory declaration under subsection (5), or

• (b) in purported compliance with a requirement under subsection (6), provides a planning authority with information or documentation,

that is false or misleading in a material respect, or who believes any such statutory declaration made, or information or documentation provided in purported compliance with such requirement, by him or her not to be true, shall be guilty of an offence and shall be liable—

• (i) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months, or to both, or

• (ii) on conviction on indictment to a fine not exceeding £500,000 or to imprisonment for a term not exceeding 5 years, or to both.

• (18) A person who—

• (a) forges, or utters, knowing it to be forged, a certificate purporting to have been granted under this section (hereafter in this subsection referred to as a “forged certificate”),

• (b) alters with intent to deceive or defraud, or utters, knowing it to be so altered, a certificate (hereafter in this subsection referred to as an “altered certificate”), or

• (c) without lawful authority or other reasonable excuse, has in his or her possession a forged certificate or an altered certificate,

shall be guilty of an offence and shall be liable—

• (i) on summary conviction to a fine not exceeding £1,500 or imprisonment for a term not exceeding 6 months, or to both, or

• (ii) on conviction on indictment to a fine not exceeding £500,000 or imprisonment for a term not exceeding 5 years, or to both.

• (19) Where a person is convicted on indictment of an offence under subsection (17) or (18), the court may in addition to any fine or term of imprisonment imposed by the court under that subsection order the payment into court by the person of an amount that in the opinion of the court is equal to the amount of any gain accruing to that person by reason of the grant of a certificate on foot of the statutory declaration, information or documentation, as the case may be, to which the offence relates, and such sum shall, when paid in accordance with such order, stand forfeited.

• (20) All sums that stand forfeited under subsection (19) shall be paid to the planning authority that granted the certificate concerned and shall be accounted for in the account referred to in section 96(13) and be applied only for the purposes specified in that section.

• (21) Where a person is convicted of an offence under subsection (17), the court may revoke a certificate granted on foot of a statutory declaration, information or documentation to which the offence relates, upon application being made to it in that behalf by the planning authority that granted the certificate.

• (22) A person shall not, solely by reason of having been granted a certificate, be entitled to a grant of permission in respect of the development to which the certificate relates.

98. Allocation of affordable housing.

98.—F505[…]

99. Controls on resale of certain houses.

99.—F506[…]

100. Regulations under this Part.

100.—F507[…]

101. Housing and planning authority functions.

101.—(1) Where a planning authority performing any function under this Part is not the housing authority for the area of the function, the planning authority shall consult with the housing authority for the area with respect to the performance of that function.

• (2) In this section, a reference to a “housing authority” means a housing authority as defined pursuant to section 23(2) of the Housing (Miscellaneous Provisions) Act, 1992.

PART VI An Bord Pleanála

Chapter I Establishment and Constitution

102. Continuation of Bord Pleanála.

102.—(1) An Bord Pleanála shall continue in being notwithstanding the repeal of any enactment effected by this Act.

• (2) The Board shall perform the functions assigned to it by this Act.

• (3) The chairman, deputy chairman and any other member of the Board in office immediately prior to the coming into force of this section under an enactment repealed by this Act shall continue in office as chairperson, deputy chairperson and other member, respectively, for a term ending on the day on which his or her appointment would have expired under the repealed enactment.

103. Board to be body corporate, etc.

103.—F508[…]

104. Board to consist of chairperson and 7 other members.

104.—F509[…]

105. Appointment of chairperson.

105.—F510[…]

105A. F511[Appointment of chairperson on interim basis

105A1.—F512[…]]

106. Appointment of ordinary members.

106.—F513[…]

107. Appointment of deputy chairperson.

107.—F514[…]

F515[General power of deputy chairperson to perform functions of chairperson where office is vacant

107A.—F516[…]]

108. Board’s quorum, vacancies, etc.

108.—F517[…]

Chapter II Organisation, Staffing, etc.

109. Performance of Board.

109.—F518[…]

110. Chairperson to ensure efficient discharge of business of Board, etc.

110.—(1)F519[…]

• (1A) F519[…]

• (1B) F519[…]

• (1C) F519[…]

• F521[(2) Where the chairperson considers, on foot of a complaint or otherwise, that an ordinary member may have failed to comply with a code of conduct adopted by the Board under section 150 or that the conduct of an ordinary member may have been such as to bring the Board into disrepute or may have been prejudicial to the effective performance by the Board of all or any one or more of its functions, he or she may in his or her absolute discretion—

• (a) require the member of the Board to attend for interview and there interview the member privately, or

• (b) where he or she considers it appropriate to do so, otherwise investigate the matter,

and, if he or she considers it appropriate to do so, report to the Minister the result of the interview or investigation.]

• F522[(3) Where the Minister considers that the conduct of an ordinary member may have been such as to bring the Board into disrepute or may have been prejudicial to the effective performance by the Board of all or any one or more of its functions, he or she may request the chairperson to—

• (a) conduct an interview with the board member privately, or

• (b) otherwise investigate the matter,

and report to the Minister the result of the interview or investigation.]

111. Meetings and procedure of Board.

111.—F523[…]

112. Divisions of Board.

112.—F524[…]

112A. F525[Strategic Infrastructure Division.

112A.—F526[…]]

113. Prohibition on disclosure of information relating to functions of Board.

113.—(1) No person shall, without the consent of the Board (which may be given to the person, subject to or without conditions, as regards any information, as regards particular information or as regards information of a particular class or description), disclose—

• (a) any information obtained by him or her while serving as a member or employee of, or consultant or adviser to, the Board or as a person whose services are availed of by the Board by virtue of section 120(2) or 122, or

• (b) any information so obtained relative to the business of the Board or to the performance of its functions.

• (2) A person who contravenes subsection (1) shall be guilty of an offence.

• (3) Nothing in subsection (1) shall prevent—

• (a) disclosure of information in a report made to the Board or in a report made by or on behalf of the Board to the Minister,

• (b) disclosure of information by any person in the course of and in accordance with the functions of his or her office,

• (c) disclosure of information in accordance with the Freedom of Information Act, 1997, or

• (d) disclosure of information in accordance with the European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998, and any regulations amending or replacing those regulations.

114. Prohibition of certain communications in relation to appeals, etc.

114.—(1) Any person who communicates with the chairperson, an ordinary member, an employee of, or consultant or adviser to, the Board or a person whose services are availed of by the Board by virtue of section 120(2) or 122 for the purpose of influencing improperly the consideration of an appeal or referral or a decision of the Board as regards any matter shall be guilty of an offence.

• (2) If the chairperson or an ordinary member or an employee of, or consultant or adviser to, the Board or a person whose services are availed of by the Board by virtue of section 120(2) or 122, becomes of the opinion that a communication is in contravention of subsection (1), it shall be his or her duty not to entertain the communication further and shall disclose the communication to the Board.

115. Indemnification of members and employees of Board and other persons.

115.—Where the Board is satisfied that a member of the Board, an employee of the Board or a person whose services are provided to the Board under section 120(2), 122 or 124(1) has discharged his or her duties in relation to the functions of the Board in a bona fide manner, it shall indemnify the member, employee or person against all actions or claims howsoever arising in respect of the discharge by him or her of his or her duties.

116. Grants to Board.

116.—F527[…]

117. Accounts and audits of Board.

117.—F528[…]

118. Annual report and information to Minister.

118.—F529[…]

119. Superannuation of members of Board.

119.—F530[…]

120. Employees of Board.

120.—F531[…]

121. Superannuation of employees of Board.

121.—F532[…]

122. Provision of services by Minister to Board.

122.—F533[…]

123. Membership of either House of the Oireachtas, etc.

123.—F534[…]

124. Consultants and advisers to Board.

124.—F535[…]

Chapter III Appeal Procedures, etc.

125. F536[Appeals, referrals and applications with which the Board is concerned.

125.—F537[(1)] This Chapter shall apply—

• (a) to appeals and referrals to the Board, and

• (b) to the extent provided, to applications made to the Board F538[under section 37E or section 37L] and any other matter with which the Board may be concerned,

but shall not apply to appeals under section 182(4)(b).]

• F537[(2) This Chapter (other than sections 126, 127, 128, 129, 130, 131, 132, 133 and 134) shall apply to—

• (a) applications under section 291, and

• (b) requests under section 297.]

126. Duty and objective of Board in relation to appeals and referrals.

126.—(1) It shall be the duty of the Board to ensure that appeals and referrals are disposed of as expeditiously as may be 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 determination of appeals and referrals.

• (2) Without prejudice to the generality of subsection (1) and subject to subsections (3), (4) and (5), it shall be the objective of the Board to ensure that every appeal or referral is determined within—

• (a) a period of 18 weeks beginning on the date of receipt by the Board of the appeal or referral, or

• (b) such other period as the Minister may prescribe in accordance with subsection (4), either generally or in respect of a particular class or classes of appeals or referrals.

• (3)
• (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal or referral or because of the number of appeals and referrals which have been submitted to the Board, to determine the appeal or referral 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 parties to the appeal or referral before the expiration of that period, inform those parties of the reasons why it would not be possible or appropriate to determine the appeal or referral within that period and shall specify the date before which the Board intends that the appeal or referral shall be determined, and shall also serve such notice on each person who has made submissions or observations to the Board in relation to the appeal or referral.

• (b) Where a notice has been served under paragraph (a), the Board shall take all such steps as are open to it to ensure that the appeal or referral is determined before the date specified in the notice.

• (4) 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 appeals or referrals where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and for so long as such regulations are in force this section shall be construed and have effect in accordance therewith.

• (5) Where the Minister considers it to be necessary or expedient that—

• (a) appeals from decisions (of a specified class or classes) of planning authorities under section 34, or

• (b) referrals of a specified class or classes,

relating to development of a class or classes of special strategic, economic or social importance to the State, be determined as expeditiously as is consistent with proper planning and sustainable development, the Minister may give a direction to the Board to give priority to the class or classes of appeals or referrals concerned, and the Board shall comply with such direction.

• (6) The Board shall include in each report made under section 118 a statement of the number of appeals and referrals that it 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 appeals and referrals as the Minister may direct.

126A. F539[Time limits for LRD appeals

126A.—(1) Notwithstanding section 126(2), and subject to subsections (3), (4) and (5), the Board shall determine an LRD appeal—

• (a) where no oral hearing is held, within 16 weeks of the receipt by the Board of the appeal, or within such other period as may be prescribed under subsection (2),

• (b) where an oral hearing is held, within such period as may be prescribed.

• (2) The Minister may by regulations extend the period of 16 weeks referred to in subsection (1)(a), either generally or with reference to any particular category of LRD appeals, 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.

• (3) Where the Board, within 16 weeks of the receipt of the LRD appeal, serves notice in accordance with regulations under section 142 requiring the applicant to give to the Board further information or to produce evidence in respect of the LRD appeal (referred to in this section as an "FI notice"), the Board shall make its decision on the appeal as follows:

• (a) within 4 weeks of the FI notice being complied with; or

• (b) if, within the period specified in paragraph (a), having considered the further information given or evidence produced in compliance with the FI notice, the Board—

• (i) considers that it contains significant additional data which should be notified to the parties to the appeal, and

• (ii) gives notice accordingly in writing to the parties to the appeal,

within 4 weeks beginning on the day on which that notice is given by the Board to the parties to the appeal.

• (4) Where, in the case of an LRD appeal of a planning application accompanied by an environmental impact assessment report or a Natura impact statement, the Board serves an FI notice, the Board shall make its decision as follows:

• (a) within 8 weeks of the FI notice being complied with; or

• (b) if, within the period specified in paragraph (a), having considered the further information given or evidence produced in compliance with the FI notice, the Board—

• (i) considers that it contains significant additional data which should be notified to the parties to the appeal, and

• (ii) gives notice accordingly in writing to the parties to the appeal, within 8 weeks beginning on the day on which that notice is given by the Board to the parties to the appeal.

• (5) Where an environmental impact assessment report is submitted to the Board under section 172(1C), or where a Natura impact statement is submitted to the Board under section 177T(5), the Board shall make its decision on the LRD appeal as follows:

• (a) within 8 weeks commencing on the date on which the environmental impact assessment report or Natura impact statement, as the case may be, and a copy of the relevant public notice required in accordance with regulations under this Act, is received by the Board; or

• (b) where the Board, within 8 weeks of the receipt of an environmental impact assessment report submitted under section 172(1C) or a Natura impact statement under section 177T(5), serves notice in accordance with regulations under section 142 requiring the applicant to give to the Board further information in relation to the environmental impact assessment report or Natura impact statement, as the case may be—

• (i) within 8 weeks, in the case of further information in relation to the environmental impact assessment report, and within 4 weeks, in the case of further information in relation to the Natura impact statement, of the notice being complied with, or

• (ii) if, within the period specified in subparagraph (i), having considered the further information given in compliance with the FI notice, the Board considers that it contains significant additional data which should be notified to the parties to the appeal, and gives notice accordingly in writing to the parties to the appeal, within 8 weeks, in the case of such further information given in relation to the environmental impact assessment report, and within 4 weeks, in the case of such further information given in relation to the Natura impact statement, beginning on the day on which that notice is given by the Board to the parties to the appeal.

• (6) A person shall not question the validity of the determination of an LRD appeal by reason only that the appeal was not determined within the time periods specified in, or prescribed under, this section.]

126B. F540[Consequences of non-compliance with time limits for LRD appeals

126B.—(1) Where on the expiry of a period specified in section 126A or prescribed under that section, as may be the case, in relation to an LRD appeal the Board has failed to determine the appeal and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Board shall proceed to determine the appeal notwithstanding that the period has expired.

• (2) Where it appears to the Board that it would not be possible, because of the particular circumstances of an LRD appeal or because of the number of LRD appeals which have been submitted to the Board, to determine the appeal within the period specified in section 126A or prescribed under that section, as may be the case, in relation to the LRD appeal the Board shall, by notice in writing served on the parties to the appeal before the expiration of that period, inform those parties of the reasons why it would not be possible to determine the appeal within that period and shall specify the date before which the Board intends that the appeal shall be determined, and shall also serve such notice on each person who has made submissions or observations to the Board in relation to the appeal.

• (3) Where a notice has been served under subsection (2), the Board shall take all such steps as are open to it to ensure that the appeal is determined before the date specified in the notice.

• (4) Where the period specified in subsection (1)(a), (3), (4) or (5), or prescribed under subsection (1)(b) or (2), of section 126A applies to an LRD appeal and the Board fails to determine the appeal within that period it shall pay €10,000 to the applicant for permission.

• (5) Any sum payable under this section shall be paid as soon as may be and in any event not later than 4 weeks after it becomes due.

• (6) The Board shall include in each report made under section 118 a statement of—

• (a) the number of LRD appeals which the Board has determined within each of the time periods referred to in section 126A, and

• (b) the number and the aggregate amount of all sums paid (if any) by the Board under subsection (4),

together with such other information as to the time taken to determine LRD appeals as the Minister may direct.]

127. Provisions as to making of appeals and referrals.

127.—(1) An appeal or referral shall—

• (a) be made in writing,

• (b) state the name and address of the appellant or person making the referral and of the person, if any, acting on his or her behalf,

• (c) state the subject matter of the appeal or referral,

• (d) state in full the grounds of appeal or referral and the reasons, considerations and arguments on which they are based,

• (e) in the case of an appeal under section 37 by a person who made submissions or observations in accordance with the permission regulations, be accompanied by the acknowledgement by the planning authority of receipt of the submissions or observations,

• (f) be accompanied by such fee (if any) as may be payable in respect of such appeal or referral in accordance with section 144, and

• (g) be made within the period specified for making the appeal or referral.

• (2)
• (a) An appeal or referral which does not comply with the requirements of subsection (1) shall be invalid.

• (b) The requirement of subsection (1)(d) shall apply whether or not the appellant or person making the referral requests, or proposes to request, in accordance with section 134, an oral hearing of the appeal or referral.

• (3) Without prejudice to section 131 or 134, an appellant or person making the referral shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of appeal or referral stated in the appeal or referral or to submit further grounds of appeal or referral and any such elaboration, submissions or further grounds of appeal or referral that is or are received by the Board shall not be considered by it.

• (4)
• (a) An appeal or referral shall be accompanied by such documents, particulars or other information relating to the appeal or referral as the appellant or person making the referral considers necessary or appropriate.

• (b) Without prejudice to section 132, the Board shall not consider any documents, particulars or other information submitted by an appellant or person making the referral other than the documents, particulars or other information which accompanied the appeal or referral.

• (5) An appeal or referral shall be made—

• (a) by sending the appeal or referral by prepaid post to the Board,

• (b) by leaving the appeal or referral with an employee of the Board at the offices of the Board during office hours (as determined by the Board), or

• (c) by such other means as may be prescribed.

128. F541[Submission of documents, etc. to Board by planning authorities.

128.—(1) Where an appeal or referral is made to the Board the planning authority concerned shall, within a period of 2 weeks beginning on the day on which a copy of the appeal or referral is sent to it by the Board, submit to the Board—

• (a) in the case of an appeal under section 37—

• (i) a copy of the planning application concerned and of any drawings, maps, particulars, evidence, F542[environmental impact assessment report], other written study or further information received or obtained by it from the applicant in accordance with regulations under this Act,

• (ii) a copy of any submission or observation made in accordance with regulations under this Act in respect of the planning application,

• (iii) a copy of any report prepared by or for the planning authority in relation to the planning application, and

• (iv) a copy of the decision of the planning authority in respect of the planning application and a copy of the notification of the decision given to the applicant,

• (b) in the case of any other appeal or referral, any information or documents in its possession which is or are relevant to that matter.

• (2) The Board, in determining an appeal or referral, may take into account any fact, submission or observation mentioned, made or comprised in any document or other information submitted under subsection (1).]

129. Submissions or observations by other parties.

129.—(1) The Board shall, as soon as may be after receipt of an appeal or referral, give a copy thereof to each other party.

• (2)
• (a) Each other party may make submissions or observations in writing to the Board in relation to the appeal or referral within a period of 4 weeks beginning on the day on which a copy of the appeal or referral is sent to that party by the Board.

• (b) Any submissions or observations received by the Board after the expiration of the period referred to in paragraph (a) shall not be considered by the Board.

• (3) Where no submissions or observations have been received from a party within the period referred to in subsection (2), the Board may without further notice to that party determine the appeal or referral.

• (4) Without prejudice to section 131 or 134, a party shall not be entitled to elaborate in writing upon any submissions or observations made in accordance with subsection (2) or make any further submissions or observations in writing in relation to the appeal or referral and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

130. Submissions or observations by persons other than parties.

130.—(1) (a) Any person other than a party may make submissions or observations in writing to the Board in relation to an appeal or referral, other than a referral under section 96(5).

• (b) Without prejudice to subsection (4), submissions or observations may be made within the period specified in subsection (3) and any submissions or observations received by the Board after the expiration of that period shall not be considered by the Board.

• (c) A submission or observation shall—

• (i) be made in writing,

• (ii) state the name and address of the person making the submission or observation and the name and address of any person acting on his or her behalf,

• (iii) state the subject matter of the submission or observation,

• (iv) state in full the reasons, considerations and arguments on which the submission or observation is based, and

• (v) be accompanied by such fee (if any) as may be payable in accordance with section 144.

• (2) Submissions or observations which do not comply with subsection (1) shall be invalid.

• (3) The period referred to in subsection (1)(b) is—