11D.—(1) Notwithstanding paragraphs (a), (aa) and (ab) of subsection (1) of section 11 (as may be modified by section 11(1)(b)) and subsections (2), (3) and (4) of section 11B but subject to subsections (2) to (9), where a planning authority decides in accordance with section 9A(1) or members of the planning authority approve a resolution under section 9A(2) that it may be necessary to extend the period to complete the review of the existing development plan and to prepare a new development plan for its functional area pending the making by a planning authority of its new development plan, the planning authority may decide to extend the duration of the existing development plan for its area for a further period or periods which shall not exceed one year.

(2) Before making a decision under subsection (9), the planning authority shall be satisfied that—

(a) the effect of the proposed extension of the duration of the existing development plan for the area, when considered alone or, as appropriate, in combination with any previous extension of that plan, is not likely to have significant effects on the environment or to have a significant effect on a European site, or both, or

(b) a strategic environmental assessment or an appropriate assessment or both such assessments, as necessary, has or have been carried out in respect of the effect of the proposed extension of the duration of the existing development plan for the area, when considered alone or, as appropriate, in combination with any previous extension of that plan.

(3) Where a planning authority proposes to extend the duration of an existing development plan, it shall—

(a) give notice to the Minister, the Office of the Planning Regulator, the Board, the relevant regional assembly, and where appropriate, to any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan, and

(b) publish notice of the proposed extension of the duration of the existing development plan in one or more newspapers circulating in that area.

(4) A notice under subsection (3) shall—

(a) state that the planning authority proposes to extend the duration of the existing development plan in order to provide a further period of time, the period of time being specified in the notice but not exceeding a period of one year, to complete the development plan review and to prepare and make a new development plan,

(b) state that a copy of any relevant assessment referred to in subsection (2) may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that the copy will be kept for inspection accordingly), and

(c) indicate that a submission or observation with respect to the proposed extension of the duration of the existing development plan made to the planning authority within a specified period which shall be not less than 4 weeks from the date of the notice, will be taken into consideration before a decision is made as to whether or not to extend the duration of the existing development plan.

(5) (a) Not later than 8 weeks after giving notice under subsection (3), the chief executive of a planning authority shall prepare a report on any submissions or observations received under that subsection and shall submit the report to the members of the authority for their consideration.

(b) A chief executive’s report prepared for the purposes of paragraph (a) shall be published on the website of the planning authority concerned as soon as practicable following submission to the members of the authority under that paragraph.

(c) A report under paragraph (a) shall—

(i) list the persons or bodies who made submissions or observations under this section,

(ii) provide a summary of the issues raised in the submissions and observations made in relation to the proposal to extend the duration of the existing development plan in accordance with this section, and

(iii) give the response of the chief executive to the issues raised.

(6) In considering whether to extend the duration of the existing development plan, the members of a planning authority shall be restricted to considering—

(a) the reasons referred to in subsection (1) or (2) of section 9A for considering that a further period may be necessary to complete the development plan review and to prepare and make a new development plan, and

(b) whether the effect of the proposed extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, is likely to have—

(i) significant effects on the environment or a significant effect on a European site, or both, or

(ii) adverse effects on the integrity of a European site.

(7) For the purposes of subsection (2)(a), in considering whether or not the extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, would have a significant effect on a European site, a planning authority shall carry out a screening for appropriate assessment in accordance with section 177U.

(8) For the purposes of subsection (2)(b), where necessary, a planning authority shall carry out an appropriate assessment in respect of the extension of the duration of the existing development plan, when considered alone or, as appropriate, in combination with any previous extension of that plan, in accordance with Part XAB.

(9) (a) The members of a planning authority shall consider the proposed extension of the duration of the existing development plan and the report of the chief executive under subsection (5).

(b) The members of the authority, having considered the proposed extension of the duration of the existing development plan and the chief executive’s report may decide, by a vote in favour of the resolution by a simple majority of the members of the planning authority concerned present at an ordinary or special meeting, to extend the duration of the existing development plan for a period not exceeding one year.

(10) (a) Where a planning authority extends the duration of the existing development plan under this section, it shall—

(i) publish a notice to this effect in at least one newspaper circulating in its area, and

(ii) notify the Minister, the Office of the Planning Regulator, the Board, the relevant regional assembly, and where appropriate, any adjoining planning authority, the prescribed authorities, and any local community development committee within the area of the development plan.

(b) A notice under this subsection shall state that a copy of the development plan as extended is available for inspection at a stated place or places (and the copy shall be kept available for inspection accordingly).

(11) A person shall not question the validity of the extension of the duration of a development plan by reason only that the procedures required by this section were not completed within the time required.

(12) Where the duration of an existing development plan is extended under this section, that development plan shall continue to have effect until a new development plan takes effect under section 12, at which time the existing development plan shall cease to have effect.

(13) Where a planning authority decides under section 9A(3) that a further period or periods is or are necessary to complete the review of the existing development plan and to prepare and make a new development plan, it may make a further decision in accordance with this section to extend the duration of the existing development plan but the cumulative period of any further extension or extensions of the duration of such plan shall not exceed one year.

(14) In this section, a reference to an existing development plan shall include, where section 11B applies, a reference to existing development plans.

(15) This section shall cease to have effect on 1 January 2024.]