Planning and Development (Housing) and Residential Tenancies Act 2016

12.

Regulations ( sections 4 to 10)

12. (1) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of matters to which sections 4 to 10 relate, including—

(a) consultations with planning authorities for the purposes of section 5(2) ,

(b) conducting consultations and forming an opinion under section 6 ,

(c) making determinations and giving a written opinion under section 7 ,

(d) applications for permission under section 4 , and

(e) decisions under section 9 .

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for the following matters:

(a) the procedure for the making of an application under section 4 , including the erection or fixing of a site notice, the giving of public notice and the making of applications in electronic form or otherwise;

(b) the proportion of the fee payable to the Board under section 144(1A)(b) of the Act of 2000 in respect of an application under section 4 that shall, on the making of a decision under section 9 on the application, be paid by the Board to the planning authority or authorities concerned, as the case may be, and the circumstances in which the Board shall not pay any proportion of the fee to such planning authority or authorities;

F19 [ (c) the making available for inspection by members of the public, at the offices of the Board or the relevant planning authority or authorities in whose area or areas the development will be situated, and in electronic form, of any specified documents, particulars, plans or other information with respect to applications under section 4 ; ]

(d) the making of submissions or observations to the Board in relation to applications under section 4 ;

(e) requiring the Board to publish, or give notice in respect of, its decision regarding the proposed strategic housing development for which permission is sought, including the giving of notice thereof to prescribed bodies and to persons who made submissions or observations in the prescribed manner.

Annotations:

Amendments:

F19

Substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 55(1), commenced on enactment as per subs. (2).

Editorial Notes:

E13

Power pursuant to section exercised (3.07.2017) by Planning and Development (Strategic Housing Development) Regulations 2017 (S.I. No. 271 of 2017), in effect as per reg. 2.