PLANNING AND DEVELOPMENT ACT 2024

• (b) Where a place referred to in subparagraph (ii) of the definition of “quarry” is used for a purpose referred to in clause (II) of that subparagraph in relation to 2 or more excavations or systems of excavations, the Minister may designate in writing that place to be part of the quarry of which one of those excavations or systems of excavations is part and, upon such designation, the place so designated shall be deemed to form part of that quarry.

• (c) Where a line or siding referred to in subparagraph (iii) of the definition of “quarry” serves 2 or more excavations or systems of excavations, the Minister may designate in writing that line or siding to be part of the quarry of which one of those excavations or systems of excavations is part and, upon such designation, the line or siding so designated shall be deemed to form part of that quarry.

354. Penalties for offences

354. (1) A person who is guilty of a relevant offence shall be liable—

• (a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to a fine not exceeding €15,000,000 or imprisonment for a term not exceeding 5 years or both.

• (2) A person convicted of a relevant offence (other than an offence under subsection (9), (10) or (11) of section 350) shall, on each day on which the act, omission or contravention of which that offence consists is continued after that person has been so convicted, be guilty of an offence and shall be liable—

• (a) on summary conviction, to a class C fine or imprisonment for a term not exceeding 6 months, or both, or

• (b) on conviction on indictment, to a fine not exceeding €15,000 or imprisonment for a term not exceeding 2 years, or both.

• (3) Subject to subsection (1), a person who is guilty of a relevant offence that consists (in whole or in part) of the construction of an unauthorised structure shall be liable—

• (a) on summary conviction, to a fine of not less than the estimated cost of the construction of the structure or €2,500, whichever is the lesser, or

• (b) on conviction on indictment, to a fine of not less than the estimated cost of the construction of the structure or €15,000, whichever is the lesser,

except where the person can prove on the balance of probabilities that he or she does not have the necessary financial means to pay a fine of that amount.

• (4) Any person who is guilty of an offence under this Act other than an offence referred to in subsection (1) or (2) shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both.

• (5) A person convicted of an offence under subsection (3) of section 259, subsection (3) of section 270 or subsection (9) of section 394 shall, on each day on which the act, omission or contravention of which that offence consists is continued after that person’s having been so convicted, be guilty of an offence and shall be liable, on summary conviction, to a class C fine.

• (6) Where a person is convicted, on indictment, of an offence under subsection (13) of section 370, the court by which the person was convicted may, where it is satisfied that the act or omission constituting the offence delayed the conduct of the oral hearing concerned referred to in that subsection, order the person to pay to—

• (a) the Commission,

• (b) any party to the appeal, referral or application concerned, or

• (c) any person who appeared, or who was represented, at the oral hearing,

such an amount as is equal to the amount of any additional costs that is shown to the satisfaction of the court to have been incurred by the Commission, party or person in appearing or being represented at the oral hearing by reason of the commission of the offence.

• (7) Where a court imposes a fine or affirms or varies a fine imposed by another court for an offence under this Act, it shall provide by order for the payment of the amount of the fine to the enforcement authority and the payment may be recovered by the enforcement authority as if it were due to it in accordance with an order of a court made in civil proceedings.

• (8) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the enforcement authority the costs and expenses (in addition to any costs and expenses otherwise recoverable) incurred in the bringing and prosecuting of the offence measured by the court.

• (9) Where costs or expenses are to be paid to the enforcement authority pursuant to subsection (8), they shall include any such costs or expenses reasonably incurred by the enforcement authority in relation to the investigation, detection and prosecution of the offence, including costs incurred in respect of the remuneration and other expenses of members of staff of the enforcement authority and consultants and advisers engaged by the enforcement authority.

• (10) An order for costs and expenses under subsection (8) is in addition to and not in substitution for any obligation to pay a fine or other penalty that the court may impose.

• (11) In this section “relevant offence” means an offence under—

• (a) section 347 or 267,

• (b) subsection (9), (10) or (11) of section 350,

• (c) subsection (5) of section 132,

• (d) subsection (7) of section 133,

• (e) subsection (4) of section 311,

• (f) subsection (1) of section 317,

• (g) subsection (12) or (13) of section 370, or

• (h) subsection (3) of section 478, or 487.

355. Prosecution of offences

355. (1) Subject to section 524, summary proceedings for an offence under this Act may be brought and prosecuted by—

• (a) an enforcement authority (whether or not the offence is committed in the enforcement authority’s enforcement area), or

• (b) the Planning Regulator.

• (2) Subject to F21[section 177] of the Criminal Justice Act 2006 and notwithstanding subsection (4) of section 10 of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be commenced—

• (a) at any time within 6 months from the date on which the offence is alleged to have been committed, or

• (b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the person by whom the proceedings are brought, to justify proceedings comes to that person’s knowledge,

whichever is the later.

• (3) In proceedings for an offence under this Act, a document—

• (a) purporting to be a certificate certifying the date on which evidence described in the certificate came to the knowledge of the person who brought those proceedings, and

• (b) purporting to be signed by that person,

shall, unless the contrary is shown, be evidence of that date.

• (4) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (5) In proceedings for an offence under this Act, the onus of proving—

• (a) that development is exempted development, or

• (b) the existence of—

• (i) any permission,

• (ii) any certificate issued by the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986, or

• (iii) any certificate issued by the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997,

shall be on the defendant.

• (6) It shall not be a defence to a prosecution under this Part for the defendant to have applied for, or have been granted, permission—

• (a) since the commencement of proceedings under this Part,

• (b) since the date of service of a warning letter under section 349, or

• (c) since the date of service of an urgent enforcement notice.

• (7)
• (a) It shall be a defence to proceedings under section 350 for the defendant to prove on the balance of probabilities that—

• (i) the works to which the enforcement notice applies were not unauthorised development, or

• (ii) the use to which the enforcement notice applies was not unauthorised development,

as the case may be.

• (b) It shall be a defence to proceedings under section 350 for the defendant to show that he or she took all reasonable steps to secure compliance with the enforcement notice.

• (8) A prosecution under this Part shall not be stayed or adjourned by reason of an application for permission or an application for a declaration under section 10 in relation to the development concerned unless the court is satisfied that special circumstances (which shall be stated in the order) exist to warrant such stay or adjournment.

• (9) In proceedings for an offence under section 350, a document purporting to be an enforcement notice shall be evidence, without further proof, of the terms of the enforcement notice and its service in accordance with this Act, unless the contrary is shown.

356. Designated regional enforcement authority

356. (1) Subject to subsection (2), the Minister may by order—

• (a) designate a planning authority (in this Part referred to as a “regional enforcement authority”) for the purposes of this section,

• (b) designate—

• (i) the enforcement area of the planning authority designated in accordance with paragraph (a), and

• (ii) the enforcement areas of such other planning authorities as are specified in the order,

to be a designated region for the purposes of this section, and

• (c) designate classes of development (in this section a class so designated is referred to as a “designated class of development”) for the purposes of this section,

if he or she is of the opinion that by reason of the likely size, nature, or effect on the surroundings, of development belonging to that class, it is appropriate that the functions under this Part of each planning authority whose enforcement area constitutes part of the designated region be performed, in relation to development of that class, by the planning authority referred to in paragraph (a).

• (2) The functions under this Part of each planning authority whose enforcement area forms part of a designated region shall, in addition to being performable by the planning authority for the enforcement area concerned, be performable by the regional enforcement authority in relation to development or proposed development belonging to a designated class of development in that designated region.

• (3)
• (a) A planning complaint may be made to a regional enforcement authority in respect of development or proposed development belonging to a designated class of development that is situated or proposed to be situated (in whole or in part) in the designated region in respect of which it is the regional enforcement authority.

• (b) A regional enforcement authority that receives a planning complaint in respect of development or proposed development belonging to a designated class of development shall notify any planning authority (other than the regional enforcement authority) within whose functional area the development or proposed development is situated or proposed to be situated of the receipt by the regional enforcement authority of that planning complaint.

• (c) A planning authority that is not a regional enforcement authority shall notify the regional enforcement authority designated in relation to the designated region, of which that planning authority’s enforcement area forms part, of—

• (i) the receipt by it of any planning complaint in relation to development or proposed development belonging to a designated class of development that is situated wholly or partly in that enforcement area, or

• (ii) any development or proposed development belonging to a designated class of development—

• (I) that appears to the planning authority to be being carried out,

• (II) that is or would be unauthorised development, and

• (III) that is or is proposed to be situated wholly or partly in that enforcement area.

• (4)
• (a) Any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development—

• (i) pending immediately before the intervention of the regional enforcement authority, and

• (ii) brought by a planning authority whose enforcement area is part of the designated region in respect of which the regional enforcement authority is designated under this section,

shall be continued, with the substitution in the proceedings of the regional enforcement authority for the planning authority.

• (b) The discontinuance (in whole or in part) of any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development by a regional enforcement authority following the intervention of the regional enforcement authority shall not operate to prevent the regional enforcement authority from subsequently commencing proceedings (including enforcement action) under this Part in relation to that development or proposed development.

• (c) The discontinuance (in whole or in part) of any proceedings (including enforcement action) under this Part in relation to development or proposed development belonging to a designated class of development by a planning authority other than the regional enforcement authority shall not operate to prevent the regional enforcement authority from subsequently commencing proceedings (including enforcement action) under this Part in relation to that development or proposed development.

• (d) In this subsection, “intervention” means, in relation to proceedings (including enforcement action) under this Part, the notification in writing of a planning authority by a regional enforcement authority that the regional enforcement authority will prosecute those proceedings in substitution for the planning authority.

• (5) A regional enforcement authority may perform functions (including the bringing and prosecution of proceedings for an offence and the bringing of enforcement action) under this Part in relation to a designated class of development notwithstanding that it has not received a complaint or notification referred to in subsection (3).

• (6) Where development or proposed development belonging to a designated class of development is situated, or carried out, or proposed to be situated or carried out, in more than one designated region, the functions conferred on a regional enforcement authority in accordance with this section shall be performable by one such regional enforcement authority, provided that the other regional enforcement authority or regional enforcement authorities, as the case may be, concerned has given its, or have given their, consent thereto.

• (7) Where the regional enforcement authority performs functions in accordance with this section in relation to development or proposed development belonging to a designated class of development carried out wholly or partly in the enforcement area or enforcement areas of one or more than one planning authority—

• (a) that planning authority or each such planning authority, as the case may be, shall provide all such assistance and information to the regional enforcement authority, as it may reasonably require for the purposes of the performance of its functions in accordance with this section,

• (b) the regional enforcement authority shall—

• (i) keep that planning authority or each such planning authority, as the case may be, informed of progress in relation to the matter concerned, and

• (ii) upon the conclusion of the matter or at such other time as may be prescribed, prepare, and submit to that planning authority or each such planning authority, as the case may be, a report (which shall contain such information as may be prescribed) in relation to the matter,

and

• (c) it shall be the duty of that planning authority or each such planning authority, as the case may be, to enter in the register details of the matter in so far as it relates to its enforcement area.

357. Development in Dublin Docklands Area

357. For the purposes of this Part, Dublin City Council is the planning authority in respect of development for which a certificate has been issued by—

• (a) the Dublin Docklands Development Authority under subparagraph (ii) of paragraph (a) of subsection (7) of section 25 of the Dublin Docklands Development Authority Act 1997, or

• (b) the Custom House Docks Development Authority under paragraph (b) of subsection (6) of section 12 of the Urban Renewal Act 1986.

PART 12 Appeal Procedures, Planning Register and Records, and Miscellaneous Powers and Procedures

Chapter 1 Definitions

358. Definitions

358. In this Part—

“appeal” means an appeal to the Commission under—

• (a) subsection (8) of section 10,

• (b) subsection (9) of section 13,

• (c) paragraph (b) of subsection (5) of section 101,

• (d) paragraph (b) of subsection (7) of section 101,

• (e) subsection (1) of section 102,

• (f) subsection (2) of section 102,

• (g) paragraph (b) of subsection (5) of section 102,

• (h) subsection (7) of section 143,

• (i) subsection (5) of section 146,

• (j) subsection (10) of section 146,

• (k) subsection (8) of section 149,

• (l) subsection (3) of section 264,

• (m) subsection (6) of section 269,

• (n) paragraph (a) of subsection (8) of section 310,

• (o) paragraph (a) of subsection (7) of section 333,

• (p) paragraph (a) of subsection (7) of section 338, and

• (q) subsection (5) of section 339;

“application” means an application to the Commission under—

• (a) subsection (14) of section 10,

• (b) subsection (4) of section 102,

• (c) section 120,

• (d) subsection (4) of section 275, and

• (e) subsection (5) of section 276;

“class-specific provision” means—

• (a) a provision of this Act (other than a provision of Chapter 2), applicable to a class of appeal, application, referral or request, and

• (b) a provision of any other enactment (other than a regulation or rule made under Chapter 2) applicable to such a class;

“party”, in relation to an appeal, application, referral or request, means—

• (a) in the case of an appeal—

• (i) the person who made the appeal,

• (ii) the planning authority that made the decision, deemed refusal of an application, order, declaration or revised declaration, or served the notice, the subject of the appeal,

• (iii) under subsection (8) of section 10, where the declaration was forwarded under subsection (6) of section 10 or notified pursuant to regulations under subsection (13) of section 10 to any other person in addition to the person who made the appeal, that other person,

• (iv) an appeal under subsection (1) or (2) of section 102 made by a person other than the applicant for the permission the subject of the appeal, or a person acting on behalf of the applicant for the permission, the applicant for the permission,

• (v) an appeal under paragraph (b) of subsection (5) of section 102, the applicant for permission the subject of the appeal,

• (vi) an appeal under subsection (7) of section 143, where the person who made the appeal is not the person who made the request the subject of the appeal, the person who made that request,

• (vii) an appeal under subsection (8) of section 149, where the planning authority served a notice under subsection (1) or (2) of section 149 on any other person in addition to the person who made the appeal, that other person,

• (viii) an appeal under subsection (3) of section 264—

• (I) where any other person, in addition to the person who made the appeal, was served with a notice under paragraph (a) of subsection (2) of section 264, that other person, or

• (II) where the person who made the appeal was not a person served with a notice under paragraph (a) of subsection (2) of section 264, any person served with such a notice,

• (ix) an appeal under subsection (6) of section 269, where any other person in addition to the person who made the appeal was served with the notice under subparagraph (i) of paragraph (a) of subsection (2) of section 269, that other person, and

• (x) an appeal under subsection (5) of section 339, where any other person in addition to the person who made the appeal is served with the notice under subsection (1) of section 339, that other person,

• (b) in the case of an application—

• (i) the person who made the application,

• (ii) the planning authority (where that planning authority is not the person who made the application) in whose functional area the development the subject of the application is situated,

• (iii) under subsection (4) of section 102, the applicant for permission the subject of the application, and

• (iv) under subsection (4) of section 275 or subsection (5) of section 276, any person served with the notice referred to in that subsection, and

• (c) in the case of a referral—

• (i) under subsection (10) of section 87, the person carrying out the development referred to in that subsection and the planning authority to which the points of detail were submitted under that section,

• (ii) under subsection (3) of section 176, the person who made the application for permission referred to in subsection (1) of section 176, and the planning authority to which that application for permission was made,

• (iii) under subsection (1) of section 249, the person that made the referral and, where not the person that made the referral, any party or prospective party to the agreement the subject of the referral, and the planning authority referred to in that subsection,

• (iv) under subsection (5) of section 258, the body that made the referral and any person served with the notice the subject of the referral,

• (v) under subsection (6) of section 266, the planning authority that made the referral and any person who made, and has not withdrawn, submissions on foot of a notice in respect of the order the subject of the referral under subsection (5) of section 266, and

• (vi) under subsection (2) of section 438, the planning authority in whose functional area the structure the subject of the referral is situated and the person by whom or on whose behalf the application for permission for the erection of the new structure referred to in paragraph (a) of subsection (1) of section 438 was made,

and

• (d) in the case of a request, the person who made the request and in the case of a request to the Commission under section 140 or subsection (1) of section 227, the planning authority in whose functional area the project or development to which the request relates is situated or proposed to be situated;

“referral” means a referral to the Commission under—

• (a) subsection (10) of section 87,

• (b) subsection (3) of section 176,

• (c) subsection (1) of section 249,

• (d) subsection (5) of section 258,

• (e) subsection (6) of section 266, and

• (f) subsection (2) of section 438;

“request” means a request to the Commission under—

• (a) subsection (1) of section 140,

• (b) subsection (1) of section 227, and

• (c) subsection (1) of section 233.

Chapter 2 Procedures in Relation to Appeals, Applications, Referrals or Requests to Commission

359. Application of Chapter

359. The provisions of and under this Chapter shall apply, except to the extent that a class specific provision otherwise provides (either expressly or by necessary implication).

360. Making of appeals, applications, referrals or requests

360. (1) An appeal, application, referral or request shall—

• (a) be made in writing, in the applicable form prescribed under subsection (2) (if any),

• (b) in the case of an appeal, be made within 4 weeks of the conclusion of the matter the subject of the appeal,

• (c) state the name and address of the person making it and of any person acting on his or her behalf in relation to it,

• (d) state its subject matter,

• (e) state in full the grounds of the appeal, application, referral or request and the reasons, considerations and arguments on which each ground is based,

• (f) be accompanied by such fee (if any) as may be payable in accordance with section 381 in respect of the appeal, application, referral or request,

• (g) in the case of an appeal under paragraph (b) of subsection (1) of section 102, be accompanied by acknowledgement by the planning authority of receipt of the submissions referred to in that paragraph, and

• (h) comply with any requirements prescribed under subsection (2), any regulations made under section 377 and any rules made under section 378.

• (2) The Minister may prescribe requirements additional to those referred to in subsection (1) or forms for the purpose of the making of a particular class of appeal, application, referral or request.

• (3) An appeal, application, referral or request which does not comply with the requirements of subsection (1) shall be invalid.

• (4) The requirement under paragraph (e) of subsection (1) shall apply whether or not the person making the appeal, application, referral or request requests, in accordance with section 369, an oral hearing.

• (5) Without prejudice to section 366, 367 or 369, the person who makes the appeal, application, referral or request shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds referred to in paragraph (e) of subsection (1), or to submit further grounds in writing, and any such elaboration, further submissions or further grounds received by the Commission shall not be considered by it.

• (6) Without prejudice to subsections (1) and (2), an appeal, application, referral or request shall be accompanied by such documents or information as the person making the appeal, application, referral or request considers necessary or appropriate.

• (7) Without prejudice to section 366, 367 or 369, the Commission shall not consider any documents or information submitted by a person making an appeal, application, referral or request other than the documents or information which accompanied the appeal, application, referral or request.

• (8) An appeal, application, referral or request shall be made—

• (a) by sending it by prepaid post to the Commission,

• (b) by leaving it with an employee of the Commission at the offices of the Commission during such office hours as may be determined by the Commission, or

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

361. Period for decision-making

361. (1) Subject to subsections (2), (3) and (4), the Commission shall determine an appeal, application, referral or request within 18 weeks of it being received by the Commission.

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

• (a) any regulations made under subsection (6),

• (b) subsection (4) of section 366,

• (c) subsection (2) of section 367,

• (d) any provision in regulations under section 377 requiring periods to be disregarded for the purposes of reckoning the period referred to in subsection (1), either generally or in relation to a particular class of appeal, application, referral or request,

• (e) section 402, and

• (f) any order under section 403.

• (3) Where the Commission fails to determine an appeal, application, referral or request within the period referred to in subsection (1) or, where a different period is referred to in a class-specific provision, within that period, it shall—

• (a) determine the appeal, application, referral or request notwithstanding that the period has expired, and

• (b) pay to the person who made the appeal, application, referral or request a sum equal to such proportion of the fees paid to the Commission in respect of the appeal, application, referral or request as may be prescribed.

• (4) A failure by the Commission to comply with subsection (1), or a class-specific provision that provides that the Commission shall determine an appeal, application, referral or request within a particular period, shall not invalidate the determination of the Commission on the appeal, application, referral or request concerned.

• (5) The Minister may, where he or she considers it appropriate, conduct a review of the periods for the making of a decision in relation to appeals, applications, referrals or requests under this Act, having regard to the resources and functions of the Commission.

• (6) The Minister may by regulations vary the period referred to in subsection (1) (either generally or in respect of a particular class of appeal, application, referral or request) 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, subsection (1) shall be construed and have effect in accordance with the regulations.

• (7) Where the Minister considers it to be necessary or expedient that a particular class of appeal, application, referral or request relating to a class of development of special strategic, economic or social importance to the State, be determined with priority over other classes of appeal, application, referral or request, and as expeditiously as is consistent with the principles of proper planning and sustainable development, the Minister may give a direction to the Commission to give priority to the determination of appeals, applications, referrals or requests of that class, and the Commission shall comply with the direction.

• (8) An annual report under section 522 shall contain—

• (a) a statement of—

• (i) the number of appeals, applications, referrals or requests determined during the period to which the report relates,

• (ii) the number of such appeals, applications, referrals or requests determined within a period specified in a class-specific provision for the determination of an appeal, application, referral or request, or referred to in subsection (1), as the case may be, during the period to which the report relates, and

• (iii) the number, and the aggregate amount, of all sums (if any) payable, and the number, and the aggregate amount, of all such sums paid, by the Commission under paragraph (b) of subsection (3),

and

• (b) such other information as to the time taken to determine such appeals, applications, referrals or requests as the Minister may direct.

362. Notification of making of appeals, applications, referrals or requests

362. (1) The Commission shall, as soon as may be after receipt of an appeal, application, referral or request, give a copy of it to each party to the appeal, application, referral or request other than the party that made it and, if not a party, the planning authority concerned.

• (2) The Commission may give such notice to the public in relation to an appeal, application, referral or request as it considers appropriate or, where it considers it appropriate, may require the person making the appeal, application, referral or request to give such notice to the public in relation to it as the Commission may specify.

• (3) Without prejudice to the generality of subsection (2), notice referred to in that subsection may include notice at any land or structure to which the appeal, application, referral or request relates or notice by publication in a newspaper circulating in the functional area in which the land or structure is situated, and in such additional functional areas, or throughout the State, as the Commission considers appropriate, or where the appeal, application, referral or request relates to a maritime site, in a national newspaper.

363. Submission of documents to Commission by planning authorities

363. (1) Where an appeal, application, referral or request is made to the Commission, the planning authority concerned shall, within 2 weeks from the date on which a copy of the appeal, application, referral or request is given to it by the Commission, or within such further period as the Commission may permit, submit to the Commission—

• (a) any document or information in the planning authority’s possession that is required to be so submitted in any class-specific provision that applies to the appeal, application, referral or request, and

• (b) any document or information that the planning authority considers is otherwise relevant to that appeal, application, referral or request.

• (2) The Commission, in determining an appeal, application, referral or request, may take into account any fact or submission in any document or information submitted under subsection (1).

364. Submissions by other parties

364. (1) A party to an appeal, application, referral or request other than the person making it may make a submission in writing to the Commission in relation to it within 5 weeks of the date on which a copy of the appeal, application, referral or request is given to that party by the Commission.

• (2) Any submission received by the Commission after the expiry of the period referred to in subsection (1), or which does not comply with any regulations under section 377 or rules under section 378, shall not be considered by the Commission.

• (3) Where no submission has been received from a party within the period referred to in subsection (1), the Commission may without further notice to the party determine the appeal, application, referral or request.

• (4) Without prejudice to section 366, 367 or 369, a party referred to in subsection (1) shall not be entitled to elaborate in writing upon any submission made in accordance with subsection (1) or make any further submission in writing in relation to the appeal, application, referral or request and any such elaboration or further submission received by the Commission shall not be considered by it.

• (5) A submission under this section shall state the name and address of the person making the submission and the name and address of any person acting on his or her behalf.

365. Submissions by persons other than parties

365. (1) A person other than a party to the appeal, application, referral or request concerned may, upon payment of such fee (if any) as may be payable in accordance with section 381, make a submission in writing to the Commission in relation to—

• (a) an appeal under paragraph (b) of subsection (5) of section 101 or subparagraph (ii) of paragraph (b) of subsection (7) of section 101 or subsection (1) or (2) of section 102,

• (b) an application for permission for Chapter 4 development (within the meaning of Part 4),

• (c) a request under section 140 for an alteration to, or extension of the duration of, a permission where the Commission is the deciding authority,

• (d) an appeal under subsection (7) of section 143,

• (e) a referral under subsection (6) of section 266, or

• (f) such other appeal, application, referral or request as may be prescribed.

• (2) Without prejudice to section 366, 367 or 369, a person may make a submission under this section—

• (a) where—

• (i) notice is published under paragraph (c) of subsection (1) of section 235, within 5 weeks of the date of publication of the notice,

• (ii) notice is given or required to be given by the Commission under subsection (2) of section 362, within 5 weeks of the date of the notice, and

• (iii) more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

and

• (b) in the case of any other—

• (i) appeal referred to in subsection (1), within 5 weeks of the end of the period for the making of the appeal referred to in paragraph (b) of subsection (1) of section 360 or in any class-specific provision, or

• (ii) application, referral or request referred to in subsection (1), within 5 weeks of the making of the application, referral or request.

• (3) Subject to subsection (4), a submission referred to in subsection (1) which is not made within the applicable period referred to in subsection (2) shall be invalid and shall not be considered by the Commission.

• (4) Subsections (3) and (5) shall not apply to a submission made by a Member State or another Transboundary Convention state 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, application, referral or request relates.

• (5) Without prejudice to section 366, 367 or 369, a person who makes a submission to the Commission in accordance with this section shall not be entitled to elaborate in writing upon any submission made in accordance with subsection (1) or make any further submission in writing in relation to the appeal, application, referral or request and any such elaboration or further submission received by the Commission shall not be considered by it.

• (6) A submission under this section shall state the name and address of the person making the submission and the name and address of any person acting on his or her behalf.

366. Power of Commission to invite submissions

366. (1) Where the Commission is of the opinion that, in the particular circumstances of an appeal, application, referral or request, it is appropriate to request—

• (a) a party to it,

• (b) a person who made a submission to the Commission in relation to it, or

• (c) any other person,

to make a submission in relation to the appeal, application, referral or request, or any part of it or issue in it, the Commission may give notice to the party or person—

• (i) requesting the party or person, within a period specified in the notice, to make a submission to the Commission in relation to the appeal, application, referral or request, or any part of it or issue in it, and

• (ii) stating that, if the submission is not received before the expiry of the period specified in the notice, the Commission shall, after the expiry of the period and without further notice to the party or person, pursuant to section 368, determine the appeal, application, referral or request.

• (2) The period referred to in paragraph (i) of subsection (1) shall be—

• (a) in relation to an appeal, application, referral or request where an environmental impact assessment is required, not less than 5 weeks and not more than 7 weeks from the date of the notice, and

• (b) in any other case, not less than 2 weeks and not more than 4 weeks from the date of the notice.

• (3) The Commission may give directions in relation to the form or presentation of any submissions referred to in subsection (1) and a person making a submission shall comply with such directions.

• (4) Where a notice is given under subsection (1) and a submission is made within the period specified in the notice, the Commission shall, having considered the submission, determine the appeal, application, referral or request, within such period after the receipt of the submission as may be specified in the notice.

• (5) Without prejudice to section 367 or 369, a party or person referred to in subsection (1) shall not be entitled to elaborate in writing upon a submission made in accordance with subsection (1) or make any further submission in writing in relation to the appeal, application, referral or request, and any such elaboration or further submission received by the Commission shall not be considered by it.

367. Power of Commission to require documents or information

367. (1) Where the Commission is of the opinion that any document or information may be necessary for the purpose of enabling it to determine an appeal, application, referral or request, the Commission may give notice to a party to, or to a person who has made submissions to the Commission in, the appeal, application, referral or request—

• (a) requiring the party or person, within a period specified in the notice, to provide to the Commission such document or information as is specified in the notice, and

• (b) stating that, where the party or person does not comply with the notice, the Commission may, after the expiry of the period so specified and without further notice to the party or person, pursuant to section 368, determine the appeal, application, referral or request.

• (2) Where a notice is given under subsection (1) and documents or information are provided within the period specified in the notice, the Commission shall, having considered the document or information, determine the appeal, application, referral or request within such period after the receipt of the document or information as may be specified in the notice.

368. Powers of Commission where notice is given under section 366 or 367

368. (1) Where no submissions are made, or document or information provided, by a person to whom a notice was given under section 366 or 367 within the period specified in the notice for the making of such submissions or providing of such document or information, the Commission may, at any time after the expiry of that period, without further notice to that person, determine the appeal, application, referral or request.

• (2) Subsection (1) shall not prevent the Commission exercising its powers under section 366 or 367 on more than one occasion before determining the appeal, application, referral or request.

369. Power to hold oral hearings of appeals, applications, referrals or requests

369. (1) The Commission may, where it considers it necessary or expedient for the purposes of determining an appeal, application, referral or request, of its own motion or if a party requests an oral hearing under subsection (3), hold an oral hearing.

• (2) The Commission may limit an oral hearing to any part of, or issue in, the appeal, application, referral or request.

• (3) A party to an appeal, application, referral or request may request, in writing and accompanied by such fee (if any) as may be payable in accordance with section 381, an oral hearing—

• (a) where the party made the appeal, application, referral or first-mentioned request, at the same time as the appeal, application, referral or first-mentioned request is made, or

• (b) where the party did not make the appeal, application, referral or first-mentioned request, within 5 weeks of the date on which a copy of the appeal, application, referral or first-mentioned request is given to that party by the Commission.

• (4) Where a party requests an oral hearing under subsection (3), the Commission shall not hold the oral hearing where subsection (3) is not complied with or where it does not consider it necessary or expedient to do so for the purpose of determining the appeal, application, referral or request.

• (5) A request for an oral hearing under subsection (3) may be withdrawn at any time.

• (6) The Commission shall, as soon as may be, give notice of any decision by it to hold an oral hearing under subsection (1) or not to hold an oral hearing under subsection (4) or of a withdrawal under subsection (5) to all parties to the appeal, application, referral or request and every person who made a valid submission in relation to the appeal, application, referral or request.

370. Supplemental provisions relating to oral hearings

370. (1) The Commission, or a member of the staff of the Commission duly authorised by the Commission in that behalf, may assign a person to conduct an oral hearing of an appeal, application, referral or request on behalf of the Commission.

• (2) The person conducting an oral hearing shall have discretion as to its conduct and shall conduct it expeditiously and without undue formality.

• (3)
• (a) The person assigned to conduct an oral hearing may, and shall where so directed by the Commission, require a person intending to appear at the hearing to submit to him or her, in writing, within such period in advance of the hearing as he or she may specify, and in such format as he or she may specify, the points or a summary of the arguments the person proposes to make or evidence the person proposes to give at the hearing.

• (b) Subject to paragraph (c), the person assigned to conduct an oral hearing shall, where so directed by the Commission, on foot of a recommendation from a person assigned to make a report under section 376, require that points or arguments are made in relation to specified matters only during the oral hearing.

• (c) The person assigned to conduct the oral hearing may, where he or she is of the opinion that it is necessary in the interests of fair procedures to do so, allow a point or an argument to be made during the oral hearing in relation to matters not specified in the requirement referred to in paragraph (b).

• (4) The person conducting the oral hearing may, and shall where so directed by the Commission, require any material the subject of a requirement under paragraph (a) of subsection (3) to be given to other parties to the appeal, application, referral or request, or to persons who made submissions in relation to the appeal, application, referral or request, and the Commission may make any such material publicly available by such means as it considers appropriate.

• (5) The Commission shall give notice of any requirement under paragraph (a) or (b) of subsection (3) to—

• (a) each party to the appeal, application, referral or request, and

• (b) each person who has made, and not withdrawn, submissions to the Commission in relation to the appeal, application, referral or request.

• (6) Where a requirement is imposed under paragraphs (a) and (b) of subsection (3), the points or summary of the arguments or evidence that a person intending to appear at the oral hearing shall submit to the person conducting the hearing shall be limited to points or arguments in relation to matters specified in the requirement under paragraph (b) of subsection (3).

• (7) 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 or the giving of evidence if—

• (i) the point or a summary of the argument or evidence has not been submitted in advance to the person in accordance with a requirement imposed under paragraph (a) of subsection (3),

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

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

• (iv) the point, argument or evidence relates to revised particulars, plans or drawings in relation to a proposed development, that do not comply with section 106, or any regulations made under that section,

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

• (i) the point or argument is not in accordance with a requirement under paragraph (b) of subsection (3), and

• (ii) he or she has not formed the opinion referred to in paragraph (c) of subsection (3) in relation to the point or argument,

• (f) may hear submissions from a person other than a person who has made submissions to the Commission in relation to the subject matter of the hearing if the person conducting the oral hearing considers it appropriate in the interests of justice to allow the first-mentioned person to be heard, and

• (g) may adjourn or re-convene the oral hearing as he or she considers appropriate.

• (8) Where any question arises in relation to whether a person conducting an oral hearing ought to refuse to allow the giving of any evidence or the making of any point or any argument in relation to any matter, the person conducting the oral hearing may:

• (a) determine the question in the course of the oral hearing;

• (b) allow the giving of the evidence or the making of the point or argument on a conditional basis, and determine the issue when making his or her report;

• (c) defer the oral hearing or any part of it pending his or her determination or a determination of the Commission on the question (which the Commission may determine).

• (9) A person conducting an oral hearing of an appeal, application, referral or request may require any member of staff of a planning authority to give to him or her any information in relation to the appeal, application, referral or request which he or she reasonably requires for the purposes of the appeal, application, referral or request, within such period as he or she may specify, and the member of staff shall comply with the requirement.

• (10) A person conducting an oral hearing of an appeal, application, referral or request 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.

• (11)
• (a) Subject to paragraph (b), the Commission in relation to an oral hearing of an appeal, application, referral or request may give notice in writing to any person, requiring that person to do one or both of the following:

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

• (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 Commission, and those expenses shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

• (12) Every person to whom a notice under subsection (11) has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any book, deed, contract, account, voucher, map, plan, 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 book, deed, contract, account, voucher, map, plan, document or other information to which the notice relates shall be guilty of an offence.

• (13) Where a 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 a question to which the person conducting an oral hearing may legally require an answer,

• (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, or

• (f) connives or assists in the commission of any of the acts or omissions referred to in paragraphs (a) to (e),

the person shall be guilty of an offence.

• (14)
• (a) Where an oral hearing relates to development within the Gaeltacht, the hearing shall be conducted in the Irish language, unless the parties to the appeal, application, referral or request to which the hearing relates agree that the hearing should be conducted in the English language.

• (b) Where an oral hearing relates to development wholly or partly outside the Gaeltacht, the hearing shall be conducted in the English language, unless the parties to the appeal, application, referral or request to which the hearing relates agree that the hearing should be conducted in the Irish language.

371. Convening of meetings on certain referrals

371. (1) Where it appears to the Commission to be expedient or convenient for the purposes of determining a referral under subsection (10) of section 87, subsection (1) of section 249 or subsection (2) of section 438, the Commission may convene a meeting of the parties to the referral, and may assign a person to conduct the meeting on behalf of the Commission.

• (2) The Commission shall keep a record in writing of a meeting convened in accordance with subsection (1) and a copy of the record shall be placed and kept with the documents to which the referral concerned relates.

372. Meetings held remotely

372. (1) The Commission, or any person assigned to conduct an oral hearing of an appeal, application, referral or request or a meeting referred to in section 371, may direct that the oral hearing or meeting, or any part of it, be held or continued using any method of communication by which all participants in the oral hearing or meeting can hear and be heard at the same time.

• (2) The Commission or any person assigned on its behalf to conduct an oral hearing or meeting shall give reasonable notice of a direction under subsection (1) to the parties to the appeal, application, referral or request, or to the persons who made submissions in relation to the appeal, application, referral or request, as the case may require.

373. Matters other than those raised by parties

373. (1) The Commission, in determining an appeal, application, referral or request, may have regard to matters other than those raised by the parties to the appeal, application, referral or request, or by any person who has made submissions to the Commission in relation to the appeal, application, referral or request, if the matters are matters to which, by virtue of this Act, the Commission may have regard.

• (2) Matters referred to in subsection (1) may include additional evidence (including expert evidence) and reports.

• (3) Where the Commission considers that it is necessary or appropriate for the proper determination of an appeal, application, referral or request that submissions should be invited on any matter not raised by the parties or in submissions, it may exercise its powers under section 366, subject to the proviso that all parties and all persons who made, and have not withdrawn, submissions, and any other person the Commission considers appropriate, are invited to make submissions on that matter.

374. Dismissal of appeals, applications, referrals or requests by Commission

374. (1) The Commission may dismiss an appeal, application, referral or request where the Commission is satisfied that, in the particular circumstances, the appeal, application, referral or request should not be further considered by it having regard to—

• (a) the nature or contents of the appeal, application, referral or request (including any question that in the Commission’s opinion is raised by the appeal, application, referral or request), or

• (b) any decision of a planning authority or the Commission which, in the Commission’s opinion, is relevant.

• (2) A dismissal made under subsection (1) shall state the main reasons and considerations on which the dismissal is based.

375. Withdrawal and invalidity of appeals, applications, referrals or requests

375. (1) A person (including a planning authority) who has made an appeal, application, referral or request may withdraw it, in writing, at any time before it is determined by the Commission.

• (2) Without prejudice to subsection (1), where the Commission is of the opinion that an appeal, application, referral or request has been abandoned, the Commission may serve on the person who made it a notice stating that opinion.

• (3) A notice under subsection (2) shall require the person on whom it is served to make a submission to the Commission as to why the appeal, application, referral or request should not be regarded as having been abandoned, and such submission shall be made within the period specified in the notice (which shall be not less than 2 weeks and not more than 4 weeks from the date of service of the notice).

• (4) Where a notice has been served under subsection (2), the Commission may, at any time after the expiry of the period specified in the notice, declare that the appeal, application, referral or request shall be regarded as having been withdrawn.

• (5) In making a declaration under subsection (4), the Commission shall have regard to the submissions (if any) made within the period specified in the notice.

• (6) Where—

• (a) a person withdraws an appeal, application, referral or request under subsection (1),

• (b) the Commission declares that an appeal, application, referral or request is regarded as having been withdrawn under subsection (4), or

• (c) an appeal, application, referral or request is invalid under subsection (3) of section 360 or any class-specific provision, and the invalidity has not been remedied or the appeal, application, referral or request otherwise permitted to proceed in accordance with any class-specific provision,

the Commission shall not consider the appeal, application, referral or request further and shall give notice to each party to the appeal, application, referral or request, and any person who made, and did not withdraw, submissions in relation to the appeal, application, referral or request, that the appeal, application, referral or request has been withdrawn, declared withdrawn or is invalid, and the notice shall state the reasons for the declaration or invalidity.

• (7) Particulars of a notice under subsection (6) shall be entered in the register.

• (8) In this section—

“application” includes a submission of a scheme for approval under section 49 of the Roads Act 1993, an application for approval under section 51 of the Roads Act 1993, and an application for a railway order under section 37 of the Transport (Railway Infrastructure) Act 2001;

“party” includes a person who submitted a scheme for approval under section 49 of the Roads Act 1993, made an application for approval under section 51 of the Roads Act 1993 or made an application for a railway order under section 37 of the Transport (Railway Infrastructure) Act 2001, and the planning authority in whose functional area the development the subject of the submission or application is situated.

376. Reports to Commission

376. (1) The Commission, or a member of the staff of the Commission duly authorised by the Commission in that behalf, may, in connection with the performance of any of the Commission’s functions under this Act or any other enactment, assign a person to report on any matter on behalf of the Commission.

• (2) Without prejudice to the generality of subsection (1), a person may be assigned under that subsection to report on appeals, applications, referrals or requests and may for that purpose conduct such technical assessments as he or she considers necessary.