Planning and Development Act 2000

F565[Time limits for LRD appeals

126A

126A. (1) Notwithstanding section 126(2), and subject to subsections (3), (4) and (5), the Board shall determine an LRD appeal—

(a) where no oral hearing is held, within 16 weeks of the receipt by the Board of the appeal, or within such other period as may be prescribed under subsection (2),

(b) where an oral hearing is held, within such period as may be prescribed.

(2) The Minister may by regulations extend the period of 16 weeks referred to in subsection (1)(a), either generally or with reference to any particular category of LRD appeals, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.

(3) Where the Board, within 16 weeks of the receipt of the LRD appeal, serves notice in accordance with regulations under section 142 requiring the applicant to give to the Board further information or to produce evidence in respect of the LRD appeal (referred to in this section as an "FI notice"), the Board shall make its decision on the appeal as follows:

(a) within 4 weeks of the FI notice being complied with; or

(b) if, within the period specified in paragraph (a), having considered the further information given or evidence produced in compliance with the FI notice, the Board—

(i) considers that it contains significant additional data which should be notified to the parties to the appeal, and

(ii) gives notice accordingly in writing to the parties to the appeal,

within 4 weeks beginning on the day on which that notice is given by the Board to the parties to the appeal.

(4) Where, in the case of an LRD appeal of a planning application accompanied by an environmental impact assessment report or a Natura impact statement, the Board serves an FI notice, the Board shall make its decision as follows:

(a) within 8 weeks of the FI notice being complied with; or

(b) if, within the period specified in paragraph (a), having considered the further information given or evidence produced in compliance with the FI notice, the Board—

(i) considers that it contains significant additional data which should be notified to the parties to the appeal, and

(ii) gives notice accordingly in writing to the parties to the appeal, within 8 weeks beginning on the day on which that notice is given by the Board to the parties to the appeal.

(5) Where an environmental impact assessment report is submitted to the Board under section 172(1C), or where a Natura impact statement is submitted to the Board under section 177T(5), the Board shall make its decision on the LRD appeal as follows:

(a) within 8 weeks commencing on the date on which the environmental impact assessment report or Natura impact statement, as the case may be, and a copy of the relevant public notice required in accordance with regulations under this Act, is received by the Board; or

(b) where the Board, within 8 weeks of the receipt of an environmental impact assessment report submitted under section 172(1C) or a Natura impact statement under section 177T(5), serves notice in accordance with regulations under section 142 requiring the applicant to give to the Board further information in relation to the environmental impact assessment report or Natura impact statement, as the case may be—

(i) within 8 weeks, in the case of further information in relation to the environmental impact assessment report, and within 4 weeks, in the case of further information in relation to the Natura impact statement, of the notice being complied with, or

(ii) if, within the period specified in subparagraph (i), having considered the further information given in compliance with the FI notice, the Board considers that it contains significant additional data which should be notified to the parties to the appeal, and gives notice accordingly in writing to the parties to the appeal, within 8 weeks, in the case of such further information given in relation to the environmental impact assessment report, and within 4 weeks, in the case of such further information given in relation to the Natura impact statement, beginning on the day on which that notice is given by the Board to the parties to the appeal.

(6) A person shall not question the validity of the determination of an LRD appeal by reason only that the appeal was not determined within the time periods specified in, or prescribed under, this section.]

Annotations:

Amendments:

F565

Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 8, S.I. No. 715 of 2021.

Editorial Notes:

E283

Power pursuant to section exercsied (17.12.2021) by Planning and Development (Large-scale Residential Development) Regulations 2021 (S.I. No. 716 of 2021), in effect as per reg. 2.