Planning and Development (Housing) and Residential Tenancies Act 2016

10.

Supplemental provisions to section 9

10. (1) The Board shall send a copy of a decision under section 9 to the applicant, to any planning authority in whose area the proposed strategic housing development would be situated and to any person who made submissions or observations on the application for permission.

(2) F16 [ (a) The Board shall publish on its website both a notice and a copy of a decision under section 9 . ]

(b) The notice shall state that a person may question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986), in accordance with sections 50 and 50A of the Act of 2000.

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

(3) A decision of the Board to grant a permission under section 9(4) shall state—

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

F17 [ ( aa ) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

( ab ) if that decision arises from the Board s consideration of the environmental impact assessment report concerned and is different from the recommendation in a report of a person assigned to report on the application concerned on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to refuse permission, ]

(b) where the Board grants a permission in accordance with section 9(6)(a) , the main reasons and considerations for contravening materially the development plan or local area plan, as the case F18 [ may be, ]

(c) where conditions are imposed in relation to the grant of any permission, the main reasons for imposing F18 [ them, ]

F17 [ ( d ) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any permission is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition, and

( e ) in relation to the granting or refusal of a permission in respect of an application accompanied by an environmental impact assessment report, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision. ]

F17 [ (3A) A decision given under section 9(4) in respect of an application accompanied by an environmental impact assessment report and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed. ]

(4) A grant of permission under section 9(4) shall be furnished to the applicant as soon as may be after the making of the relevant decision.

(5) (a) No permission under section 34 of the Act of 2000 shall be required for any development in respect of which approval has been granted under section 9 .

(b) Part VIII of the Act of 2000 shall apply to any case where a strategic housing development is carried out otherwise than in compliance with a permission under section 9 or any condition to which the permission is subject as it applies to any unauthorised development with the modification that a reference in that Part to a permission shall be construed as a reference to a permission granted under section 9 .

(6) A person shall not be entitled solely by reason of a permission under section 9 to carry out any development.