PLANNING AND DEVELOPMENT ACT, 2000

• (a) where notice of receipt of an F543[environmental impact assessment report] is published in accordance with regulations under section 172(5), the period of 4 weeks beginning on the day of publication of any notice required under those regulations,

• (b) where notice is required by the Board to be given under section 142(4), the period of 4 weeks beginning on the day of publication of the required notice,

• (c) in any other appeal under this Act, the period of 4 weeks beginning on the day of receipt of the appeal by the Board or, where there is more than one appeal against the decision of the planning authority, on the day on which the Board last receives an appeal, or

• (d) in the case of a referral, the period of 4 weeks beginning on the day of receipt by the Board of the referral.

• (4) Without prejudice to section 131 or 134, a person who makes submissions or observations to the Board in accordance with this section shall not be entitled to elaborate in writing upon the submissions or observations or make further submissions or observations in writing in relation to the appeal or other matter and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

• F544[(5) Subsections (1)(b) and (4) shall not apply to submissions or observations made by a Member State or another state which is a party to the Transboundary Convention, arising from consultation in accordance with the Environmental Impact Assessment Directive or the Transboundary Convention, as the case may be, in relation to the effects on the environment of the development to which the appeal under section 37 relates.]

131. Power of Board to request submissions or observations.

131.—Where the Board is of opinion that, in the particular circumstances of an appeal or referral, it is appropriate in the interests of justice to request—

• (a) any party to the appeal or referral,

• (b) any person who has made submissions or observations to the Board in relation to the appeal or referral, or

• (c) any other person or body,

to make submissions or observations in relation to any matter which has arisen in relation to the appeal or referral, the Board may, in its discretion, notwithstanding section 127(3), 129(4), 130(4) or 137(4)(b), serve on any such person F545[, other than the applicant for permission in the case of an LRD appeal,] a notice under this section—

• (i) requesting that person, within a period specified in the notice (not being less than 2 weeks or more than 4 weeks beginning on the date of service of the notice) to submit to the Board submissions or observations in relation to the matter in question, and

• (ii) stating that, if submissions or observations are not received before the expiration of the period specified in the notice, the Board will, after the expiration of that period and without further notice to the person, pursuant to section 133, determine the appeal or referral.

132. Power of Board to require submission of documents, etc.

132.—(1) Where the Board is of opinion that any document, particulars or other information may be necessary for the purpose of enabling it to determine an appeal or referral, the Board may, in its absolute discretion, serve on any party, or on any person who has made submissions or observations to the Board in relation to the appeal or referral, as appropriate, F546[, other than the applicant for permission in the case of an LRD appeal,] a notice under this section—

• (a) requiring that person, within a period specified in the notice (being a period of not less than 2 weeks beginning on the date of service of the notice) to submit to the Board such document, particulars or other information as is specified in the notice, and

• (b) stating that, in default of compliance with the requirements of the notice, the Board will, after the expiration of the period so specified and without further notice to the person, pursuant to section 133, dismiss or otherwise determine the appeal or referral.

• (2) Nothing in this section shall be construed as affecting any other power conferred on the Board under this Act to require the submission of further or additional information or documents.

133. Powers of Board where notice served under section 131 or 132.

133.—Where a notice has been served under section 131 or 132, the Board, at any time after the expiration of the period specified in the notice, may, having considered any submissions or observations or document, particulars or other information submitted by the person on whom the notice has been served, without further notice to that person determine or, in the case of a notice served under section 132, dismiss the appeal or referral.

134. F547[Oral hearings of appeals, referrals and applications.

134.—(1) The Board may in its absolute discretion, hold an oral hearing of an appeal, a referral under section 5 or an application under section 37E.

• (2)
• (a) A party to an appeal or a referral under section 5 or an applicant under section 37E or any person who makes a submission or observation under section 37E may request an oral hearing of the appeal, referral or application, as appropriate.

• (b) (i) A request for an oral hearing of an appeal, referral or application shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of the request in accordance with section 144.

• (ii) A request for an oral hearing of an appeal, referral or application which is not accompanied by such fee (if any) as may be payable in respect of the request shall not be considered by the Board.

• (c) (i) A request by an appellant for an oral hearing of an appeal under section 37 shall be made within the appropriate period referred to in that section and any request received by the Board after the expiration of that period shall not be considered by the Board.

• (ii) Where a provision of this Act, other than sections 37 and 254(6), authorising an appeal to the Board enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, a request by an appellant for an oral hearing of an appeal may only be made within, or before the expiration of, the specified period or before the specified day and any request for an oral hearing not so received by the Board shall not be considered by the Board.

• (iii) A request by a person making a referral, by an applicant under section 37E or by an appellant under section 254(6) for an oral hearing of the referral, application or appeal, as the case may be, shall accompany the referral, application or appeal, and any request for an oral hearing received by the Board, other than a request which accompanies the referral, application or appeal, shall not be considered by the Board.

• (d) A request by a party to an appeal or referral other than the appellant, or by a person who makes a submission or observation in relation to an application under section 37E, for an oral hearing shall be made—

• (i) in respect of an appeal or referral, within the period referred to in section 129(2)(a) within which the party may make submissions or observations to the Board in relation to the appeal or referral,

• (ii) in respect of an application under section 37E, within the period specified in a notice under that section within which the person may make submissions or observations to the Board in relation to the application,

and any such request received by the Board after the expiration of that period shall not be considered by the Board.

• (3) Where the Board is requested to hold an oral hearing of an appeal, referral or application and decides to determine the appeal, referral or application without an oral hearing, the Board shall serve notice of its decision on—

• (a) the person who requested the hearing and on each other party to the appeal or referral or, as appropriate, (unless he or she was the requester) the applicant under section 37E, and

• (b) each person who has made submissions or observations to the Board in relation to the appeal, referral or application (not being the person who was the requester).

• (4)
• (a) A request for an oral hearing may be withdrawn at any time.

• (b) Where, following a withdrawal of a request for an oral hearing under paragraph (a), the appeal, referral or application falls to be determined without an oral hearing, the Board shall give notice that it falls to be so determined—

• (i) to each other party to the appeal or referral or, as appropriate, (unless he or she was the person who withdrew the request) the applicant under section 37E, and

• (ii) to each person who has made submissions or observations to the Board in relation to the appeal, referral or application (not being the person who withdrew the request).]

134A. F548[ Further power to hold oral hearings.

134A.—(1) Where the Board considers it necessary or expedient for the purposes of making a determination in respect of any of its functions under this Act or any other enactment, it may, in its absolute discretion, hold an oral hearing and shall, in addition to any other requirements under this Act or other enactment, as appropriate, consider the report and any recommendations of the person holding the oral hearing before making such determination.

• (2) Section 135 shall apply to any oral hearing held in accordance with subsection (1) and that section shall be construed accordingly.

• (3) This section is in addition to section 134.]

135. Supplemental provisions relating to oral hearings.

135.—F549[(1) The Board or an employee of the Board duly authorised by the Board may assign a person to conduct an oral hearing of an appeal, referral or application on behalf of the Board.

• (2) The person conducting an oral hearing of an appeal, referral or application shall have discretion as to the conduct of the hearing and shall conduct the hearing expeditiously and without undue formality (but subject to any direction F550[given by the Board under subsection (2A) or (2AB))].

• (2A) The Board may give a direction to the person conducting an oral hearing that he or she shall require persons intending to appear at the hearing to submit to him or her, in writing and in advance of the hearing, the points or a summary of the arguments they propose to make at the hearing; where such a direction is given that person shall comply with it (and, accordingly, is enabled to make such a requirement).

• F551[(2AB) The Board may in its absolute discretion, following a recommendation in relation to the matter from a person assigned to make a written report under section 146, give a direction to a person assigned to conduct an oral hearing that he or she shall allow points or arguments in relation to specified matters only during the oral hearing.

• (2AC) Where a direction is given by the Board under subsection (2AB) the person to whom it is given shall comply with the direction unless that person forms the opinion that it is necessary, in the interests of observing fair procedures, to allow a point or an argument to be made during the oral hearing in relation to matters not specified in the direction.

• (2AD) The Board shall give a notice of its direction under subsection (2AB) to—

• (a) each party, in the case of an appeal or referral,

• (b) the applicant and planning authority in the case of an application—

• (i) under this Act,

• (ii) for a railway order under the Act of 2001, or

• (iii) for approval under section 51 of the Roads Act 1993, and

• (c) each person who has made objections, submissions or observations to the Board in the case of an appeal, referral or application.

• (2AE) The points or summary of the arguments that a person intending to appear at the oral hearing shall submit to the person conducting the hearing, where a direction has been given under subsection (2A) or (2AB), shall be limited to points or arguments in relation to matters specified in the direction under subsection (2AB).]

• (2B) Subject to the foregoing provisions, the person conducting the oral hearing—

• (a) shall decide the order of appearance of persons at the hearing,

• (b) shall permit any person to appear in person or to be represented by another person,

• (c) may limit the time within which each person may make points or arguments (including arguments in refutation of arguments made by others at the hearing), or question the evidence of others, at the hearing,

• (d) may refuse to allow the making of a point or an argument if—

• (i) the point or a summary of the argument has not been submitted in advance to the person in accordance with a requirement made pursuant to a direction given under subsection (2A),

• (ii) the point or argument is not relevant to the subject matter of the hearing, or

• (iii) it is considered necessary so as to avoid undue repetition of the same point or argument,

• F551[(dd) may refuse to allow the making of a point or an argument in relation to any matter where—

• (i) a direction has been given under subsection (2AB) and the matter is not specified in the direction, and

• (ii) he or she has not formed the opinion referred to in subsection (2AC).]

• (e) may hear a person other than a person who has made submissions or observations to the Board in relation to the subject matter of the hearing if it is considered appropriate in the interests of justice to allow the person to be heard.

• (3) A person conducting an oral hearing of any appeal, application or referral may require any officer of a planning authority or a local authority to give to him or her any information in relation to the appeal, application or referral which he or she reasonably requires for the purposes of the appeal, application or referral, and it shall be the duty of the officer to comply with the requirement.]

• (4) A person conducting an oral hearing of any F549[appeal, referral or application] may take evidence on oath or affirmation and for that purpose may administer oaths or affirmations, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

• (5)
• (a) Subject to paragraph (b), the Board in relation to an oral hearing of any F549[appeal, referral or application] may, by giving notice in that behalf in writing to any person, require that person to do either or both of the following:

• (i) to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing;

• (ii) to produce any books, deeds, contracts, accounts, vouchers, maps, plans, documents or other information in his or her possession, custody or control which relate to any such matter.

• (b) Where a person is given a notice under paragraph (a):

• (i) the Board shall pay or tender to any person whose attendance is required such reasonable subsistence and travelling expenses to be determined by the Board in accordance with the rates for the time being applicable to senior planning authority officials;

• (ii) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him or her, be paid those expenses by the Board, and those expenses shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

• (6) Every person to whom a notice under subsection (5) has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document or other information to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document or other information to which the notice relates shall be guilty of an offence.

• (7) Where any person—

• (a) wilfully gives evidence which is material to the oral hearing and which he or she knows to be false or does not believe to be true,

• (b) by act or omission, obstructs or hinders the person conducting the oral hearing in the performance of his or her functions,

• (c) refuses to take an oath or to make an affirmation when legally required to do so by a person holding the oral hearing.

• (d) refuses to answer any question to which the person conducting an oral hearing may legally require an answer, or

• (e) does or omits to do any other thing which, if the inquiry had been by the High Court, would have been contempt of that court,

the person shall be guilty of an offence.

• (8)
• (a) An oral hearing may be conducted through the medium of the Irish or the English language.

• (b) Where an oral hearing relates to development within the Gaeltacht, the hearing shall be conducted through the medium of the Irish language, unless the parties to the F549[appeal, referral or application] to which the hearing relates agree that the hearing should be conducted in English.

• (c) Where an oral hearing relates to development outside the Gaeltacht, the hearing shall be conducted through the medium of the English language, unless the parties to the F549[appeal, referral or application] to which the hearing relates agree that the hearing should be conducted in the Irish language.

136. Convening of meetings on referrals.

136.—(1) Where it appears to the Board to be expedient or convenient for the purposes of determining a referral under section 34(5), 96(5) or 193(2), the Board may, in its absolute discretion, convene a meeting of the parties.

• (2) The Board shall keep a record in writing of a meeting convened in accordance with this section and a copy of the record shall be placed and kept with the documents to which the referral concerned relates and, where the referral is connected with an appeal, with the documents to which the appeal concerned relates.

137. Matters other than those raised by parties.

137.—(1) The Board in determining an appeal or referral may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the appeal or referral if the matters are matters to which, by virtue of this Act, the Board may have regard.

• (2) The Board shall give notice in writing to each of the parties and to each of the persons who have made submissions or observations in relation to the appeal or referral of the matters that it proposes to take into account under subsection (1) and shall indicate in that notice—

• (a) in a case where the Board proposes to hold an oral hearing of the appeal or referral, or where an oral hearing of the appeal or referral has been concluded and the Board considers it expedient to re-open the hearing, that submissions in relation to the matters may be made to the person conducting the hearing, or

• (b) in a case where the Board does not propose to hold an oral hearing of the appeal or referral, or where an oral hearing of the appeal or referral has been concluded and the Board does not consider it expedient to re-open the hearing, that submissions or observations in relation to the matters may be made to the Board in writing within a period specified in the notice (being a period of not less than 2 weeks or more than 4 weeks beginning on the date of service of the notice).

• (3) Where the Board has given notice, in accordance with subsection (2)(a), the parties and any other person who is given notice shall be permitted, if present at the oral hearing, to make submissions to the Board in relation to the matters which were the subject of the notice or which, in the opinion of the person conducting the hearing, are of relevance to the appeal or referral.

• (4)
• (a) Submissions or observations that are received by the Board after the expiration of the period referred to in subsection (2)(b) shall not be considered by the Board.

• (b) Subject to section 131, where a party or a person referred to in subsection (1) makes submissions or observations to the Board in accordance with subsection (2)(b), that party or person shall not be entitled to elaborate in writing upon those submissions or observations or make further submissions or observations in writing in relation to the matters referred to in subsection (1) and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

138. Board may dismiss appeals or referrals if vexatious, etc.

138.—(1) The Board shall have an absolute discretion to dismiss an appeal or referral—

• F552[(a) where, having considered the grounds of appeal or referral or any other matter to which, by virtue of this Act, the Board may have regard in dealing with or determining the appeal or referral, the Board is of the opinion that the appeal or referral—

• (i) is vexatious, frivolous or without substance or foundation, or

• (ii) is made with the sole intention of delaying the development or the intention of securing the payment of money, gifts, consideration or other inducement by any person,]

or

• (b) where, the Board is satisfied that, in the particular circumstances, the appeal or referral should not be further considered by it having regard to—

• (i) the nature of the appeal (including any question which in the Board’s opinion is raised by the appeal or referral), or

• (ii) any previous permission which in its opinion is relevant.

• (2) A decision made under this section shall state the main reasons and considerations on which the decision is based.

• (3) The Board may, in its absolute discretion, hold an oral hearing under section 134 to determine whether an appeal or referral is made with an intention referred to in subsection (1)(a)(ii).

139. Appeals against conditions.

139.—(1) Where—

• (a) an appeal is brought against a decision of a planning authority to grant a permission,

• (b) the appeal relates only to a condition or conditions that the decision provides that the permission shall be subject to, and

• (c) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application as if it had been made to it in the first instance would not be warranted,

then, subject to compliance by the Board with subsection (2), the Board may, in its absolute discretion, give to the relevant planning authority such directions as it considers appropriate relating to the attachment, amendment or removal by that authority either of the condition or conditions to which the appeal relates or of other conditions.

• (2) In exercising the power conferred on it by subsection (1), apart from considering the condition or conditions to which the relevant appeal relates, the Board shall be restricted to considering—

• F553[(a) the matters to which a planning authority shall have regard specified in paragraph (a) of subsection (2) of section 34,]

• F554[(aa) in the case of the appeal of a decision of a planning authority in respect of development to which Chapter II of Part XXI applies or proposed such development, the matters referred to in paragraph (a) and the matters to which a planning authority shall have regard specified in subsection (2) of section 282,]

• (b) the terms of any previous permission considered by the Board to be relevant.

140. Withdrawal of appeals, applications and referrals.

140.—F555[F556[(1) (a)A person who has made—

• (i) an appeal,

• (ii) a planning application to which an appeal relates,

• (iii) a referral,

• (iv) an application for permission or approval (as may be appropriate) in respect of a strategic infrastructure development, or

• (v) an application for permission under section 37L F557[or 291],

may withdraw, in writing, the appeal, application or referral at any time before that appeal, application, or referral is determined by the Board.]

• (b) As soon as maybe after receipt of a withdrawal, the Board shall notify each other party or person who has made submissions or observations on the appeal, application or referral of the withdrawal.]

• (2)
• (a) Without prejudice to subsection (1), where the Board is of the opinion that an appeal or a planning application to which an appeal relates, F558[an application for permission or approval (as may be appropriate) F556[in respect of a strategic infrastructure development, an application for permission under section 37L] F557[or 291],] or a referral has been abandoned, the Board may serve on the person who made the appeal, application or referral, as appropriate, a notice stating that opinion and requiring that person, within a period specified in the notice (being a period of not less than two weeks or more than four weeks beginning on the date of service of the notice) to make to the Board a submission in writing as to why the appeal, application or referral should not be regarded as having been withdrawn.

• (b) Where a notice has been served under paragraph (a), the Board may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Board pursuant to the notice, declare that the appeal, application or referral, as appropriate, shall be regarded as having been withdrawn.

• (3) Where, pursuant to this section, a person withdraws a planning application to which an appeal relates, or the Board declares that an application is to be regarded as having been withdrawn, the following provisions shall apply as regards the application:

• (a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and

• (b) notwithstanding any previous decision under section 34 by a planning authority as regards the application, no permission shall be granted under that section by the authority on foot of the application.

141. Time for decisions and appeals, etc.

141.—(1) Where a requirement of or under this Act requires a planning authority or the Board to give a decision within a specified period and the last day of that period is a public holiday (within the meaning of the F559[Organisation of Working Time Act, 1997]) or any other day on which the offices of the planning authority or the Board are closed, the decision shall be valid if given on the next following day on which the offices of the planning authority or Board, as the case may be, are open.

• (2) Where the last day of the period specified for making an appeal or referral is a Saturday, a Sunday, a public holiday (within the meaning of the F559[Organisation of Working Time Act, 1997]) or any other day on which the offices of the Board are closed, an appeal or referral shall (notwithstanding any other provision of this Act) be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.

• (3) Where a requirement of or under this Act requires submissions, observations or a request to be made, or documents, particulars or other information to be submitted, to the Board within a specified period and the last day of that period is a public holiday (within the meaning of the F559[Organisation of Working Time Act, 1997]) or any other day on which the offices of the Board are closed, the submissions, observations or request of documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the Board on the next following day on which the offices of the Board are open.

142. Regulations regarding appeals and referrals.

142.—(1) The Minister may by regulations—

• (a) provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of appeals as appear to the Minister to be necessary or expedient, and

• (b) make such provision as regards procedure in respect of referrals as appear to the Minister to be necessary or expedient.

• (2) Without prejudice to the generality of subsection (1), regulations under this section may enable the Board where it is determining an appeal under section 37 to invite an applicant and enable an applicant so invited to submit to the Board revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the appeal relates.

• (3) Where plans, drawings or particulars referred to in subsection (2) are submitted to the Board in accordance with regulations under this section, the Board may, in determining the appeal, grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars.

• (4) Without prejudice to the generality of subsection (1), the Board may require any party to an appeal or referral to give such public notice in relation thereto as the Board may specify and, in particular, may require notice to be given at the site or by publication in a newspaper circulating in the district in which the land or structure to which the appeal or referral relates is situate.

• F560[(6) Regulations under this section may make different provision with respect to appeals in relation to applications for permission for development made by the Central Bank of Ireland in the cases referred to in section 33(5), and such regulations may make provision modifying the operation of sections 132 and 146 in relation to such appeals.]

• F561[(7) Without prejudice to the generality of subsection (1), regulations under this section may—

• (a) provide that the Board, where it is determining an LRD appeal, may, generally or in specified circumstances, serve a notice on the applicant for permission, requesting the applicant to submit such further information, or type of information, with respect to the appeal as may be prescribed in the regulations, within such time as may be specified in the notice, and

• (b) require such applicant to submit further information in accordance such a request.]

143. F562[Board to have regard to certain policies and objectives.

143.—(1) F563[The Board shall, in the performance of its functions (other than functions conferred by Chapter III of Part XXI), have regard to]—

• (a) the policies and objectives for the time b1eing of the Government, a State authority, the Minister, planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural,

• (b) the national interest and any effect the performance of the Board’s functions may have on issues of strategic economic or social importance to the State, and

• (c) the F564[National Planning Framework] and any F565[regional spatial and economic strategy] for the time being in force.

• (2) In this section "public authority" means any body established by or under statute which is for the time being declared, by regulations made by the Minister, to be a public authority for the purposes of this section.]

144. Fees payable to Board.

144.—F566[(1) The Board may determine fees that may be charged, subject to the approval of the Minister, in relation to any matter referred to in subsection (1A) and a fee as so determined shall be payable to the Board by any person concerned as appropriate.

• (1A) The matters in relation to which the Board may determine fees under subsection (1) are:

• (a) an appeal or referral;

• F567[(aa) an appeal to the Board under Part 2 of the Urban Regeneration and Housing Act 2015;]

• (b) an application to the Board for any strategic infrastructure development or an application for leave to appeal under section 37(6)(a);

• F568[(bb) an application under section 291 or a request under section 297;]

• (c) an application for a consultation under section 37B, 181C, or 182E or under section 47B of the Act of 2001;

• F569[(cc) the provision of an opinion or notification under section 37CD or 182G,]

• F570[(cd) the provision of an opinion or notification under section 287B,]

• (d) a request under section 146B;

• (e) a request for a written opinion on the information to be contained in an environmental impact assessment under section 173(3), under section 39 of the Act of 2001 or under section 50 of the Roads Act 1993;

• (f) F571[…] an application for substitute consent under Part XA;

• (g) submission of an F572[environmental impact assessment report] in accordance with a request by the Board to furnish same;

• (h) submission of a Natura impact statement in accordance with a request by the Board to furnish same;

• F573[(ha) a determination review or an application referral under section 176C;]

• (i) request for an oral hearing under section 134 or 177Q; and

• (j) making a submission or observation under section 37E, 37F, 130, 135(2B)(e), 146B, 146C, 146D, 175, 181A, 182A, 182C, 217B, or 226, F568[or pursuant to a notice under section 291 or 297 or an invitation under section 292, or under] section 51 of the Roads Act 1993, section 40 (other than by persons required to be served with a notice under section 40(1)(d)), section 41, or section 47D of the Act of 2001 or making an objection under section 48 of the Roads Act 1993 (other than by persons on whom notice is served under F574[section 48(b));]

• F575[(k) an appeal under section 10 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 against a relevant regulatory decision within the meaning of that section.]

• (1B) The Board may, subject to the approval of the Minister, provide for the payment of different fees in relation to different classes or descriptions of matters referred to in subsection (1A)(a) to (j), for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.]

• (2) The Board shall review the fees determined under subsection (1) from time to time, but at least every three years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Minister’s approval under subsection (1).

• (3) For the purposes of this section, “change in the consumer price index” means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the determination under this section and the said number last published before the date of the review under subsection (2), expressed as a percentage of the last-mentioned number.

• (4) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect.

• (5) Fees determined in accordance with regulations under section 10(1)(b) of the Act of 1982 shall continue to be payable to the Board in accordance with those regulations until such time as the Board determines fees in accordance with this section.

• (6) The Board shall specify fees for the making of copies under section 5(6)(a), not exceeding the cost of making the copies.

145. Expenses of appeal or referral.

145.—(1) Where an appeal or referral is made to the Board—

• (a) the Board, if it so thinks proper and irrespective of the result of the appeal or referral, may direct the planning authority to pay—

• (i) to the appellant or person making the referral, such sum as the Board, in its absolute discretion, specifies as compensation for the expense occasioned to him or her in relation to the appeal or referral, and

• (ii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the appeal or referral,

and

• F577[(b) in case—

• (i) the decision of the planning authority in relation to an appeal or referral is confirmed or varied and the Board, in determining the appeal or referral, does not accede in substance to the grounds of appeal or referral, or

• (ii) the appeal or referral is decided, dismissed under section 138 or withdrawn under section 140 and the Board, in any of those cases, considers that the appeal or referral was made with the intention of delaying the development or securing a monetary gain by a party to the appeal or referral or any other person,

the Board may, if it so thinks proper, direct the appellant or person making the referral to pay—

• (I) to the planning authority, such sum as the Board, in its absolute discretion, specifies as compensation to the planning authority for the expense occasioned to it in relation to the appeal or referral,

• (II) to any of the other parties to the appeal or referral, such sum as the Board, in its absolute discretion, specifies as compensation to the party for the expense occasioned to him or her in relation to the appeal or referral, and

• (III) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the appeal or referral.]

• (2) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

146. Reports and documents of the Board.

146.—(1) F578[…]

• (2) F578[…]

• F579[(3) Where, during the consideration by it of any matter falling to be decided by it in performance of a function under or transferred by this Act or any other enactment, the Board either—

• (a) is required by or under this Act or that other enactment to supply to any person documents, maps, particulars or other information in relation to the matter, or

• (b) considers it appropriate, in the exercise of its discretion, to supply to any person such documents, maps, particulars or information ("relevant material or information"),

subsection (4) applies as regards compliance with that requirement or such supply in the exercise of that discretion.

• F580[(4) It shall be sufficient compliance with the requirement referred to in subsection (3) for the Board—

• (a) where an environmental impact assessment report or a remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, is or are, as the case may be, submitted with an application or request, or any such report is received by the Board in the course of considering an application, request or appeal, to place on its website for inspection and make available for inspection and purchase by members of the public at the offices of the Board from as soon as may be after receipt of such report—

• (i) the application, request or appeal, as the case may be,

• (ii) the environmental impact assessment report or remedial environmental impact assessment report, or both such reports, as the case may be,

• (iii) the notice or notices, as the case may be, published in one or more newspapers circulating in the area in which it is proposed to carry out the development, or in which the development is located, indicating the nature and location of the proposed development or development, as the case may be,

• (iv) any further information furnished by, or alterations to the terms of the development made by, or a revised environmental impact assessment report or a revised remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, as the case may be, furnished by, the person who is proposing to carry out or who has carried out the development, as the case may be, and

• (v) any other relevant material or information, or

• (b) in any other case, to do both of the following (or, as appropriate, the Board, in the exercise of the discretion referred to in subsection (3), may do both of the following):

• (i) make the relevant material or information available for inspection—

• (I) at the offices of the Board or any other place, or

• (II) by electronic means; and

• (ii) notify the person concerned that the relevant material or information is so available for inspection.]

• (5) Within 3 days following the making of a decision on any matter falling to be decided by it in performance of a function under or transferred by this Act or under any other enactment, the documents relating to the matter—

• (a) shall be made available by the Board for inspection at the offices of the Board by members of the public, and

• (b) may be made available by the Board for such inspection—

• (i) at any other place, or

• (ii) by electronic means,

as the Board considers appropriate.

• (6) Copies of the documents referred to in subsection (5) and of extracts from such documents shall be made available for purchase at the offices of the Board, or such other places as the Board may determine, for a fee not exceeding the reasonable cost of making the copy.

• F581[(7) The documents referred to in subsection (5) shall—

• (a) where an environmental impact assessment was carried out, be made available for inspection on the Board’s website in perpetuity beginning on the third day following the making by the Board of the decision on the matter concerned, or

• (b) where no environmental impact assessment was carried out, be made available by the means referred to in subsection (5)(b) for a period of at least 5 years beginning on the third day following the making by the Board of the decision on the matter concerned.]]

Chapter IV Additional powers of Board in relation to permissions, decisions, approvals, etc.

146A. Amendments of permissions, etc. of clerical or technical nature.

146A.—(1) Subject to subsection (2)—

• (a) a planning authority or the Board, as may be appropriate, may amend a planning permission granted by it, or

• (b) the Board may amend any decision made by it in performance of a function under or transferred by this Act or under any other enactment,

for the purposes of—

• (i) correcting any clerical error therein,

• (ii) facilitating the doing of any thing pursuant to the permission or decision where the doing of that thing may reasonably be regarded as having been contemplated by a particular provision of the permission or decision or the terms of the permission or decision taken as a whole but which was not expressly provided for in the permission or decision, or

• (iii) otherwise facilitating the operation of the permission or decision.

• (2) A planning authority or the Board shall not exercise the powers under subsection (1) if to do so would, in its opinion, result in a material alteration of the terms of the development, the subject of the permission or decision concerned.

• (3) A planning authority or the Board, before it decides whether to exercise the powers under subsection (1) in a particular case, may invite submissions in relation to the matter to be made to it by any person who made submissions or observations to the planning authority or the Board in relation to the permission or other matter concerned, and shall have regard to any submissions made to it on foot of that invitation.

• (4) In this section "term" includes a condition.]

146B. F584[Alteration by Board of strategic infrastructure development on request made of it.

146B.—(1) F585[Subject to subsections (2) to (8) and sections 146BA, 146BB and 146C], the Board may, on the request of any person who is carrying out or intending to carry out a strategic infrastructure development, alter the terms of the development the subject of a planning permission F586[other than a development for which permission was granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016], approval or other consent granted under this Act.

• (2)
• (a) As soon as practicable after the making of such a request, the Board shall make a decision as to whether the making of the alteration to which the request relates would constitute the making of a material alteration of the terms of the development concerned.

• (b) Before making a decision under this subsection, the Board may invite submissions in relation to the matter to be made to it by such person or class of person as the Board considers appropriate (which class may comprise the public if, in the particular case, the Board determines that it shall do so); the Board shall have regard to any submissions made to it on foot of that invitation.

F587[(3)(a) If the Board decides that the making of the alteration would not constitute the making of a material alteration of the terms of the development concerned, it shall alter the planning permission, approval or other consent accordingly and notify the person who made the request under this section, and the planning authority or each planning authority for the area or areas concerned, of the alteration.

• (b) If the Board decides that the making of the alteration would constitute the making of such a material alteration, it shall—

• (i) by notice in writing served on the requester, require the requester to submit to the Board the information specified in Schedule 7A to the Planning and Development Regulations 2001 in respect of that alteration, or in respect of the alternative alteration being considered by it under subparagraph (ii)(II), unless the requester has already provided such information, or an environmental impact assessment report on such alteration or alternative alteration, as the case may be, to the Board, and

• (ii) following the receipt of such information or report, as the case may be, determine whether to—

• (I) make the alteration,

• (II) make an alteration of the terms of the development concerned, being an alteration that would be different from that to which the request relates (but which would not, in the opinion of the Board, represent, overall, a more significant change to the terms of the development than that which would be represented by the latter alteration), or

• (III) refuse to make the alteration.]

• F588[(3A) Where the requester is submitting to the Board the information referred to in subsection (3)(b)(i), that information shall be accompanied by any further relevant information on the characteristics of the alteration under consideration and its likely significant effects on the environment including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account.

• (3B) Where the requester is submitting to the Board the information referred to in subsection (3)(b)(i), that information may be accompanied by a description of the features, if any, of the alteration under consideration and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the alteration.]

• (4) Before making a F589[determination under subsection (3)(b)(ii)], the Board shall determine whether the extent and character of—

• (a) the alteration requested under subsection (1), and

• (b) any alternative alteration it is considering under F590[subsection (3)(b)(ii)(II)]

are such that the alteration, were it to be made, would be likely to have significant effects on the environment (and, for this purpose, the Board shall have reached a final decision as to what is the extent and character of any alternative alteration the making of which it is so considering).

F591[(4A)(a) Subject to paragraph (b), within 8 weeks of receipt of the information referred to in subsection (3)(b)(i), the Board shall make its determination under subsection (4).

• (b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period referred to in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the alteration under consideration (including in relation to the nature, complexity, location or size of such alteration) to do so.

• (c) Where paragraph (b) applies, the Board shall, by notice in writing served on the requester before the expiration of the period referred to in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the determination concerned shall be made.]

• (5) If the Board determines that the making of either kind of alteration referred to in F592[in subsection (3)(b)(ii)]—

• (a) is not likely to have significant effects on the environment, it shall proceed to make a determination under F593[subsection (3)(b)(ii)], or

• (b) is likely to have such effects, the provisions of section 146C shall apply.

• (6) If, in a case to which subsection (5)(a) applies, the Board makes a determination to make an alteration of either kind referred to in F594[subsection (3)(b)(ii)], it shall alter the planning permission, approval or other consent accordingly and notify the person who made the request under this section, and the planning authority or each planning authority for the area or areas concerned, of the alteration.

F595[(7)(a) In making a determination under subsection (4), the Board shall have regard to—

• (i) the criteria for the purposes of determining which classes of development are likely to have significant effects on the environment set out in any regulations made under section 176,

• (ii) the criteria set out in Schedule 7 to the Planning and Development Regulations 2001,

• (iii) the information submitted pursuant to Schedule 7A to the Planning and Development Regulations 2001,

• (iv) the further relevant information, if any, referred to in subsection (3A) and the description, if any, referred to in subsection (3B),

• (v) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

• (vi) in respect of an alteration under consideration which would be located on, or in, or have the potential to impact on—

• (I) a European site,

• (II) an area the subject of a notice under section 16(2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

• (III) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000,

• (IV) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

• (V) land designated as a refuge for flora or a refuge for fauna under section 17 of the Wildlife Act 1976,

• (VI) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

• (VII) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of such alteration on such site, area, land, place or feature, as appropriate.

• (b) The Board shall include, or refer to, in its determination under subsection (4) the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.]

• F596[(7A) Where the determination of the Board under subsection (4) is that the alteration under consideration would not be likely to have significant effects on the environment and the applicant has, under subsection (3B), provided a description of the features, if any, of the alteration concerned and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the alteration concerned, the Board shall specify such features, if any, and such measures, if any, in the determination.]

• (8)
• (a) Before making a determination under F597[a determination under subsection (3)(b)(ii)] or (4), the Board shall—

• (i) make, or require the person who made the request concerned under subsection (1) to make, such information relating to that request available for inspection for such period,

• (ii) notify, or require that person to notify, such person, such class of person or the public (as the Board considers appropriate) that the information is so available, and

• (iii) invite, or require that person to invite, submissions or observations (from any foregoing person or, as appropriate, members of the public) to be made to it in relation to that request within such period,

as the Board determines and, in the case of a requirement under any of the preceding subparagraphs, specifies in the requirement; such a requirement may specify the means by which the thing to which it relates is to be done.

• (b) The Board shall have regard to any submissions or observations made to it in accordance with an invitation referred to in paragraph (a).

• (c) The Board shall notify any person who made a submission or observation to it in accordance with that invitation of its determination under F598[subsection (3)(b)(ii)] or (4).

• (9) In this section "term" has the same meaning as it has in section 146A.]

146BA. F599[ Acknowledgement of completeness of certain requests under section 146B

146BA.—Where a request for an alteration of the terms of renewable energy development or repowering development is made to An Coimisiún Pleanála under section 146B, An Coimisiún Pleanála shall, within 45 days of the receipt of the request —

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

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

146BB. F600[Periods for decision-making in relation to requests for material alteration of renewable energy development or repowering development

146BB.—(1) Subject to subsection (3), where a request for a material alteration of the terms of renewable energy development or repowering development is made to An Coimisiún Pleanála under section 146B, a determination on the request shall be made under section 146B(3)(b)(ii) 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 146BA(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 146BA(a).

• (3) Where An Coimisiún Pleanála considers that consent should nevertheless be given for the development for imperative reasons of overriding public interest in accordance with section 177AA, a determination on the request under section 146B(3)(b)(ii) 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 146BA(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 146BA(a).]

146C. F601[Preparation of environmental impact statement for purposes of section 146B.

146C.—(1) This section applies to a case where the determination of the Board under section 146B(4) is that the making of either kind of alteration referred to in F602[section 146B(3)(b)(ii)] is likely to have significant effects on the environment.

• (2) In a case to which this section applies, the Board shall require the person who made the request under section 146B ("the requester") to prepare an F603[environmental impact assessment report] in relation to the proposed alteration of the terms of the development concerned and, in this subsection and the following subsections of this section, "proposed alteration of the terms of the development concerned" means—

• (a) the alteration referred to in F604[subsection (3)(b)(ii)(I) of that section], and

• (b) any alternative alteration under F605[subsection (3)(b)(ii)(II) of that section] the making of which the Board is considering (and particulars of any such alternative alteration the making of which is being so considered shall be furnished, for the purposes of this subsection, by the Board to the requester).

• (3) F606[An environmental impact assessment report] under this section shall contain—

• (a) any information that any regulations made under section 177 require to be contained in F607[environmental impact assessment reports] generally under this Act, and

• (b) any other information prescribed in any regulations made under section 177 to the extent that—

• (i) such information is relevant to—

• (I) the given stage of the consent procedure and to the specific characteristics of the development or type of development concerned, and

• (II) the environmental features likely to be affected,

F608[…]

• (ii) F609[…]

and

• (c) a summary, in non-technical language, of the information referred to in paragraphs (a) and (b).

• (4) F610[When an environmental impact assessment report] under this section is prepared, the requester shall as soon as may be—

• (a) submit a copy of the F611[report] F612[and one electronic copy of the report (which shall be searchable by electronic means as far as practicable)] to the Board, together with either—

• (i) a copy of the published notice referred to in paragraph (c), or

• (ii) a copy of the notice proposed to be published in accordance with paragraph (c) together with details of its proposed publication and date,

• F613[(aa) submit a copy of the confirmation notice to the Board,]

• (b) publish a notice, in the prescribed form, in one or more newspapers circulating in the area in which the development concerned is proposed to be, or is being, carried out—

• (i) stating that an F614[environmental impact assessment report] has been submitted to the Board in relation to the proposed alteration of the terms of the development concerned,

• (ii) indicating the times at which, the period (which shall not be less than 4 weeks) during which and the place or places where a copy of the F615[environmental impact assessment report] may be inspected,

• (iii) stating that a copy of the F616[environmental impact assessment report] may be purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy), and

• (iv) stating that submissions or observations may be made in writing to the Board before a specified date (which date shall not be less than F617[30 days] after the notice was first published) in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,

• (c) send a copy of the F618[environmental impact assessment report] together with a notice in the prescribed form to the local authority or each local authority in whose functional area the proposed development would be situate and to any prescribed body or person stating that—

• (i) the F619[report] has been submitted to the Board in relation to the proposed alteration of the terms of the development concerned,

• (ii) before a specified date (which date shall be the same as provided or proposed to be provided for by the notice under paragraph (b)) submissions or observations may be made in writing to the Board in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,

• (d) send a copy of the F620[environmental impact assessment report], together with a notice in the prescribed form, to a Member State of the European Communities or a state which is a party to the Transboundary Convention where, in the Board’s opinion, the proposed alteration of the terms of the development concerned is likely to have significant effects on the environment in that state, together with a notice (in the prescribed form, if any) stating that—

• (i) the F621[report] has been submitted to the Board in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,

• (ii) before a specified date (which date shall be the same as provided or proposed to be provided for by the notice under paragraph (b)) submissions or observations may be made in writing to the Board in relation to the likely effects on the environment in that state of the proposed alteration of those terms,

and the Board may, at its discretion and from time to time, extend any time limits provided for by this subsection.

• (5) On the preceding subsections having been complied with, the Board shall, subject to subsections (6) and (7), proceed to make a determination under F622[section 146B(3)(b)(ii)] in relation to the matter.

• (6) In making that determination, the Board shall, to the extent that they appear to the Board to be relevant, have regard to the following:

• (a) the F623[environmental impact assessment report] submitted pursuant to subsection (4)(a), any submissions or observations made in response to the invitation referred to in subsection (4)(b) or (c) before the date specified in the notice concerned for that purpose and any other relevant information before it relating to the likely effects on the environment of the proposed alteration of the terms of the development concerned;

• (b) where such alteration is likely to have significant effects on the environment in another Member State of the European Communities, or a state which is a party to the Transboundary Convention, the views of such Member State or party;

• (c) the development plan or plans for the area in which the development concerned is proposed to be, or is being, carried out (referred to subsequently in this subsection as "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 development concerned (were it to be carried out in the terms as they are proposed to be altered) 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 social or economic benefit that would accrue to the State, a region of the State or the area were the development concerned to be carried out in the terms as they are proposed to be altered;

• (i) commitments entered into and the stage at which the development concerned has progressed under the permission, approval or other consent in the terms as originally granted; and

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

• (7) The Board shall not make a determination under F624[section 146B(3)(b)(ii)] in a case to which this section applies at any time prior to the date specified, pursuant to subparagraph (iv) of subsection (4)(b), in the notice under subsection (4)(b).

• (8) Where the Board makes a determination under F625[section 146B(3)(b)(ii)] in a case to which this section applies—

• F626[(a) it shall—

• (i) give public notice of the determination (including notice in the area in which the development concerned is proposed to be, or is being, carried out),

• (ii) inform the prescribed bodies or persons sent a copy of the environmental impact assessment report in accordance with subsection (4)(c), and

• (iii) inform any state to which an environmental impact assessment report has been sent under subsection (4)(d) of the determination, including, if the determination is of the kind referred to in paragraph (b), particulars of the determination, and]

• (b) if the determination is a determination to make an alteration of either kind referred to in F627[section 146B(3)(b)(ii)], it shall alter the planning permission, approval or other consent accordingly and notify the requester of the alteration.

• F628[(8A) Where the Board makes a determination under section 146B(3)(b)(ii) in a case to which this section applies, the determination shall—

• (a) state the reasoned conclusion, in relation to the significant effects on the environment of the proposed alteration, on which the determination is based,

• (b) where the determination (being a determination which arises from the consideration of the environmental impact assessment report concerned) by the Board to make an alteration of either kind referred to in section 146B(3)(b)(ii), or to refuse to make an alteration, is different from the recommendation in a report of a person assigned to report on the request on behalf of the Board, state the main reasons for not accepting the recommendation in the last-mentioned report, and

• (c) 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 determination or otherwise addressed.

• (8B) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section and imposes a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the determination which 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 request on behalf of the Board, the determination shall indicate 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.

• (8C) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section, the determination shall be accompanied by a statement that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the alteration was up to date at the time of the making of the determination.]

• (9) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section 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.]

146CA. F629[Provisions supplementary to sections 146B and 146C

146CA.—(1) (a) Paragraph (b) applies where a person—