Planning and Development Act 2000

F566[Consequences of non-compliance with time limits for LRD appeals

126B

126B. (1) Where on the expiry of a period specified in section 126A or prescribed under that section, as may be the case, in relation to an LRD appeal the Board has failed to determine the appeal and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Board shall proceed to determine the appeal notwithstanding that the period has expired.

(2) Where it appears to the Board that it would not be possible, because of the particular circumstances of an LRD appeal or because of the number of LRD appeals which have been submitted to the Board, to determine the appeal within the period specified in section 126A or prescribed under that section, as may be the case, in relation to the LRD appeal the Board shall, by notice in writing served on the parties to the appeal before the expiration of that period, inform those parties of the reasons why it would not be possible to determine the appeal within that period and shall specify the date before which the Board intends that the appeal shall be determined, and shall also serve such notice on each person who has made submissions or observations to the Board in relation to the appeal.

(3) Where a notice has been served under subsection (2), the Board shall take all such steps as are open to it to ensure that the appeal is determined before the date specified in the notice.

(4) Where the period specified in subsection (1)(a), (3), (4) or (5), or prescribed under subsection (1)(b) or (2), of section 126A applies to an LRD appeal and the Board fails to determine the appeal within that period it shall pay €10,000 to the applicant for permission.

(5) Any sum payable under this section shall be paid as soon as may be and in any event not later than 4 weeks after it becomes due.

(6) The Board shall include in each report made under section 118 a statement of—

(a) the number of LRD appeals which the Board has determined within each of the time periods referred to in section 126A, and

(b) the number and the aggregate amount of all sums paid (if any) by the Board under subsection (4),

together with such other information as to the time taken to determine LRD appeals as the Minister may direct.]

Annotations:

Amendments:

F566

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