Planning and Development (Housing) and Residential Tenancies Act 2016

8.

Requirements relating to application for permission under section 4

8. (1) Before an applicant makes an application under section 4(1) for permission, he or she shall—

(a) have caused to be published, in one or more newspapers circulating in the area or areas in which it is proposed to carry out the strategic housing development, a notice—

F10 [ (i) specifying the location of the proposed development and containing a brief description of the proposed development, including a description

(I) of the number of houses, student accommodation units or shared accommodation units of which the proposed development is intended to consist, and

(II) in the case of student accommodation units or shared accommodation units, of

(A) the combined number of bed spaces of which the proposed development is intended to consist, and

(B) any other uses to which those units are intended to be put, ]

(ii) stating that he or she proposes to make an application to the Board for permission for the proposed development,

(iii) specifying—

(I) the times and places, including the offices of the Board and the offices of the planning authority or authorities in whose area or areas the proposed development would be situated, and

(II) the period of 5 weeks from the receipt by the Board of the application,

during which a copy of the application and any F11 [ environmental impact assessment report or Natura impact statement or both that report and that statement ], if such is required, may be inspected free of charge or purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy),

(iv) stating that the application contains a statement—

(I) setting out how the proposal will be consistent with the objectives of the relevant development plan or local area F10 [ plan, or ]

(II) where the proposed development materially contravenes the said plan other than in relation to the zoning of the land, indicating why permission should, nonetheless, be granted, having regard to a consideration specified in section 37(2)(b) of the Act of 2000,

(v) stating that in the case of an application referred to in subsection (2), an F11 [ environmental impact assessment report or Natura impact statement or both that report and that statement ], as the case may be, has or have been prepared in respect of the proposed development,

(vi) where relevant, stating that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention,

(vii) inviting the making, during the period referred to for the purposes of subparagraph (iii), of submissions and observations to the Board, including from the public, relating to—

(I) the implications of the proposed development, if carried out, for proper planning and sustainable development in the area or areas concerned, and

(II) the likely effects on the environment or the likely effects on a European site, as the case may be, of the proposed development, if carried out,

(viii) specifying the types of decision the Board may make, under section 9 , in relation to the application,

(ix) stating that a person may question the validity of a decision of 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, and

(x) stating where practical information on the review mechanism can be found,

F12 [ ( aa ) comply with section 172B of the Planning and Development Act 2000 , ]

(b) have sent a copy in both printed form and electronic form of the application and any F11 [ environmental impact assessment report or Natura impact statement or both that report and that statement ], if such is required, to—

(i) the planning authority or authorities in whose functional area or areas the proposed development would be situated, and

(ii) any authorities, which the Minister may prescribe, together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(iii), be made in writing to the Board in relation to—

(I) the implications of that proposed development, if carried out, for proper planning and sustainable development in the area or areas concerned, and

(II) the likely effects on the environment or the likely effects on a European site, as the case may be, of that proposed development, if carried out,

and

(c) in the case that the proposed strategic housing development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention, have sent a prescribed number of copies of the application and the F11 [ environmental impact assessment report ] to the F10 [ appropriate authority ] of the relevant state or states together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(iii), be made in writing to the Board.

(2) In the case of a proposed strategic housing development that—

(a) is of a class specified in regulations made under section 176 of the Act of 2000 and is likely to have significant effects on the environment, or

(b) is likely to have a significant effect on a European site,

the applicant shall prepare, or cause to be prepared, F11 [ environmental impact assessment report or Natura impact statement or both that report and that statement ], as the case may be, in respect of the development.

(3) (a) The Board may decide to refuse to deal with any application made to it under section 4(1) where it considers that the application for permission, or the F11 [ environmental impact assessment report ] or Natura impact statement if such is required, is inadequate or incomplete, having regard in particular to the permission regulations and any regulations made under section 12 , or section 177 of the Act of 2000, or to any consultations held under section 6 .

(b) Where paragraph (a) applies, the Board shall, F12 [ subject to subsection (3A) , ] within 2 weeks from the date of the receipt by it of the application—

(i) return to the applicant concerned—

(I) subject to paragraph (c), the originals of any documents or digital devices containing the information prescribed for the purposes of subsection (1)(a)(iv) of section 4 , any F11 [ environmental impact assessment report or Natura impact statement, or both that report and that statement ], as the case may be, and any information prescribed under section 12 to accompany the application, and

(II) any fee received from the applicant for the purposes of section 4(1)(a)(v) ,

and

(ii) give reasons to the applicant for the Board’s decision to refuse to consider the application.

(c) Clause (I) of paragraph (b)(i) is without prejudice to the Board—

(i) making a copy of a document,

(ii) retaining an electronic copy of a document, or

(iii) by agreement with the F13 [ ] applicant concerned, retaining a document,

to which that clause relates.

F12 [ (3A)( a ) Subject to paragraph (b) , the Board shall not be required to comply with subsection (3)(b) , in so far as an environmental impact assessment report is concerned (including the originals referred to in that subsection and the information prescribed under section 12 referred to in that subsection to the extent that such originals or information relate to that report), within the period specified in the subsection 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 applicant before the expiration of the period referred to in subsection (3)(b) , 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 to comply with that subsection. ]

(4) (a) In this subsection and subsection (5)“relevant elected members” means—

(i) in the case of a local authority referred to in paragraph (b), the elected members of the Area Committee or Area Committees (established under section 50(1) of the Local Government Act 2001) in respect of the area or areas concerned, in which the proposed strategic housing development would be situated,

(ii) in the case of any other local authority, the municipal district members for the municipal district or districts, as the case may be, in which the proposed strategic housing development would be situated.

(b) The local authorities referred to in paragraph (a)(i) are as follows:

(i) Cork City Council;

(ii) Dublin City Council;

(iii) Dun Laoghaire-Rathdown County Council;

(iv) Fingal County Council;

(v) Galway City Council;

(vi) South Dublin County Council.

(c) On receipt, under subsection (1)(b)(i), of a copy of the application and any F11 [ environmental impact assessment report or Natura impact statement, or both that report and that statement ], the planning authority or authorities in whose area or areas the proposed strategic housing development would be situated shall—

(i) notify the relevant elected members of the making of that application, the information specified for the purposes of subsection (1)(a)(iii) and the information provided for the purposes of subsection (1)(a)(vii), and

(ii) at the next meeting of each Area Committee concerned, or of the municipal district members for each municipal district concerned, as appropriate, inform the relevant elected members of—

(I) the details of the application,

(II) the consultations that have taken place in relation to the proposed development under sections 5(2) and 6(5) ,

(III) the notice issued by the Board under section 6(7) , and

(IV) where the meeting concerned takes place after the expiry of the period specified in subsection (1)(a)(iii)(II)

(A) information relating to the matters referred to in subsection (5)(a)(i), and

(B) where the Chief Executive has formed the views referred to in subsection (5)(a)(ii), such views.

(5) (a) The planning authority or authorities in whose area or areas the proposed strategic housing development would be situated shall, within 8 weeks from its receipt of a copy of the application under section 4(1) , each prepare and submit to the Board a report of its Chief Executive setting out—

(i) a summary of the points raised in the submissions or observations duly received by the Board in relation to the application,

(ii) the Chief Executive’s views on the effects of that proposed development on the proper planning and sustainable development of the area of the authority and on the environment, having regard in particular to—

(I) the matters specified in section 34(2) of the Act of 2000, and

(II) submissions and observations duly received by the Board in relation to the application,

and

(iii) where the meeting or meetings referred to in subsection (4)(c)(ii) has or have taken place, a summary of the views of the relevant elected members on that proposed development as expressed at such meeting or meetings,

and, for the above purposes, the Board shall send to each planning authority concerned copies of any submissions and observations duly received by the Board in relation to the application according as they are received.

(b) In the report referred to in paragraph (a) the planning authority shall—

(i) set out the authority’s opinion as to whether the proposed strategic housing development would be consistent with the relevant objectives of the development plan or local area plan, as the case may be,

(ii) include a statement as to whether the authority recommends to the Board that permission should be granted or refused, together with the reasons for its recommendation, and

(iii) specify in the report—

(I) where the authority recommends that permission be granted, the planning conditions (if any), and the reasons and grounds for them, that it would recommend in the event that the Board decides to grant permission, or

(II) if appropriate in the circumstances, where the authority recommends that permission be refused, the planning conditions, and the reasons and grounds for them, that it would recommend in the event that the Board decides to grant permission.

(6) In addition to the report referred to in subsection (5), the Board may, where it considers it necessary to do so, require the planning authority or authorities referred to in that subsection or any planning authority or authorities on whose area or areas it would have a significant effect to furnish to the Board such information in relation to the effects of the proposed strategic housing development on the proper planning and sustainable development of the area concerned and on the environment as the Board may specify.

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

Annotations:

Amendments:

F10

Substituted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 53(1)(a), commenced on enactment as per subs. (2).

F11

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. nos. 2-9, in effect as per reg. 2(1).

F12

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 39, in effect as per reg. 2(1).

F13

Deleted (19.07.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 53(1)(b), commenced on enactment as per subs. (2).

Editorial Notes:

E12

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.