Planning and Development (Housing) and Residential Tenancies Act 2016

18.

Construction of section 134 (oral hearings of appeals, referrals and applications) of Act of 2000 during specified period

18. Section 134 of the Act of 2000 has effect during the specified period—

(a) as if the following were substituted for subsection (1):

“(1) (a) The Board may in its absolute discretion, hold an oral hearing of an appeal, a referral under section 5, an application under section 37E or, subject to paragraph (b), an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016.

(b) Before deciding if an oral hearing for an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016 should be held, the Board—

(i) shall have regard to the exceptional circumstances requiring the urgent delivery of housing as set out in the Action Plan for Housing and Homelessness, and

(ii) shall only hold an oral hearing if it decides, having regard to the particular circumstances of the application, that there is a compelling case for such a hearing.

(c) In paragraph (b) ‘Action Plan for Housing and Homelessness’ means the document entitled ‘Rebuilding Ireland - Action Plan for Housing and Homelessness’ published by the Government on 19 July 2016.”,

(b) as if in subsection (2)(a) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 37E” where it first occurs,

(c) as if in subsection (2)(a) “or under the said section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it last occurs,

(d) as if in subsection (2)(c)(iii) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 254(6) ”,

(e) as if in subsection (2)(d) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it first occurs,

(f) as if in subsection (2)(d) there were inserted the following after subparagraph (ii):

“(iii) in respect of an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016, within the period specified in a notice under section 8 of that Act within which the person may make submissions or observations to the Board in relation to the application,”,

(g) as if in subsection (3)(a) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”, and

(h) as if in subsection (4)(b)(i) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”.