Planning and Development (Housing) and Residential Tenancies Act 2016

7.

Requests to Board after consultation meeting has been held

7. (1) Following the consultation meeting, a prospective applicant may separately request the Board to do either or both of the following:

(a) (i) make a determination in relation to a proposed strategic housing development if one or both of the following applies:

(I) where the development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001) that F7 [ does not equal or exceed, as the case may be, ] the relevant quantity, area or other limit standing specified in that Part, whether it is likely to have significant effects on the environment;

(II) whether the development, individually or in combination with another project, is likely to have a significant effect on a European site;

and

(ii) inform the prospective applicant of the determination;

(b) give to the prospective applicant an opinion in writing prepared by the Board on what information will be required to be contained in an F8 [ environmental impact assessment report or Natura impact statement or both that report and that statement ], as the case may be, in relation to the proposed strategic housing development.

(2) (a) On receipt of a request under either paragraph (a) or (b) of subsection (1), which shall be accompanied by the appropriate fee, and except where paragraph (b) of this subsection applies, the Board shall, after consulting such bodies as may be prescribed for that purpose, comply with the request within 8 weeks of receipt of the request.

(b) Where a prospective applicant intends to make requests to the Board under paragraphs (a) and (b) of subsection (1), then such requests shall, unless the Board otherwise approves, be made at the same time and, accordingly, on receipt of such a request the Board—

(i) F7 [ subject to subsection (2A) , shall ]comply with the request to which subsection (1)(a) relates within 8 weeks of its receipt, and

(ii) F7 [ subject to subsection (2B) , shall ] then comply with the request to which subsection (1)(b) relates within 16 weeks of its receipt.

(c) A determination made by the Board for the purposes of subsection (1)(a)(i), or an opinion given by the Board for the purposes of subsection (1)(b) (including the main reasons and considerations on which the determination or opinion are based, as the case may be) shall be placed and kept with the documents relating to the planning application concerned.

F9 [ (2A)( a ) Subject to paragraph (b) , where a prospective applicant makes a request to the Board to which clause (I) of subsection (1)(a)(i) applies, the Board shall not be required to comply with subsection (2)(b)(i) within the period specified in subsection (2)(b)(i) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

( b ) Where paragraph (a) applies, the Board shall, by notice in writing served on the prospective applicant before the expiration of the period referred to in subsection (2)(b)(i) , inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify in the notice the date before which the Board intends that the determination concerned shall be made. ]

F9 [ (2B)( a ) The period referred to in subsection (2)(b)(ii) shall not apply where a notice under subsection (2A)(b) has been served.

( b ) Where paragraph (a) applies, the Board shall comply with the request under subsection (1)(b) within 8 weeks of making the determination concerned under subsection (1)(a)(i)(I) . ]

(3) A person shall not question the validity of a determination by, or opinion of, the Board under this section by reason only that the procedures as set out in subsection (2) were not completed within the time referred to in that subsection.

Annotations:

Amendments:

F7

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 38(a), (b), in effect as per reg. 2(1).

F8

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), s. 43 and sch. 2 ref. no. 1, in effect as per reg. 2(1).

F9

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 38(c), in effect as per reg. 2(1).

Editorial Notes:

E10

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.