Planning and Development Act 2000

F573[Oral hearings of appeals, referrals and applications.

134

134.(1) The Board may in its absolute discretion, hold an oral hearing of an appeal, a referral under section 5 or an application under section 37E.

(2) (a) A party to an appeal or a referral under section 5 or an applicant under section 37E or any person who makes a submission or observation under section 37E may request an oral hearing of the appeal, referral or application, as appropriate.

(b) (i) A request for an oral hearing of an appeal, referral or application shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of the request in accordance with section 144.

(ii) A request for an oral hearing of an appeal, referral or application which is not accompanied by such fee (if any) as may be payable in respect of the request shall not be considered by the Board.

(c) (i) A request by an appellant for an oral hearing of an appeal under section 37 shall be made within the appropriate period referred to in that section and any request received by the Board after the expiration of that period shall not be considered by the Board.

(ii) Where a provision of this Act, other than sections 37 and 254(6), authorising an appeal to the Board enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, a request by an appellant for an oral hearing of an appeal may only be made within, or before the expiration of, the specified period or before the specified day and any request for an oral hearing not so received by the Board shall not be considered by the Board.

(iii) A request by a person making a referral, by an applicant under section 37E or by an appellant under section 254(6) for an oral hearing of the referral, application or appeal, as the case may be, shall accompany the referral, application or appeal, and any request for an oral hearing received by the Board, other than a request which accompanies the referral, application or appeal, shall not be considered by the Board.

(d) A request by a party to an appeal or referral other than the appellant, or by a person who makes a submission or observation in relation to an application under section 37E, for an oral hearing shall be made

(i) in respect of an appeal or referral, within the period referred to in section 129(2)(a) within which the party may make submissions or observations to the Board in relation to the appeal or referral,

(ii) in respect of an application under section 37E, within the period specified in a notice under that section within which the person may make submissions or observations to the Board in relation to the application,

and any such request received by the Board after the expiration of that period shall not be considered by the Board.

(3) Where the Board is requested to hold an oral hearing of an appeal, referral or application and decides to determine the appeal, referral or application without an oral hearing, the Board shall serve notice of its decision on

(a) the person who requested the hearing and on each other party to the appeal or referral or, as appropriate, (unless he or she was the requester) the applicant under section 37E, and

(b) each person who has made submissions or observations to the Board in relation to the appeal, referral or application (not being the person who was the requester).

(4) (a) A request for an oral hearing may be withdrawn at any time.

(b) Where, following a withdrawal of a request for an oral hearing under paragraph (a), the appeal, referral or application falls to be determined without an oral hearing, the Board shall give notice that it falls to be so determined

(i) to each other party to the appeal or referral or, as appropriate, (unless he or she was the person who withdrew the request) the applicant under section 37E, and

(ii) to each person who has made submissions or observations to the Board in relation to the appeal, referral or application (not being the person who withdrew the request).]

Annotations

Amendments:

F573

Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 22, S.I. No. 684 of 2006.

Modifications (not altering text):

C120

Section construed during specified period (3.07.2017 to 31.12.2021) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 18, S.I. No. 270 of 2017 and S.I. No. 598 of 2019.

Definitions (Chapter 1)

3. In this Chapter— ...

“specified period” means—

(a) the period from the commencement of this provision until 31 December 2019, and

(b) any additional period as may be provided for by the Minister by order under section 4(2);

...

Construction of section 134 (oral hearings of appeals, referrals and applications) of Act of 2000 during specified period

18. Section 134 of the Act of 2000 has effect during the specified period—

(a) as if the following were substituted for subsection (1):

“(1) (a) The Board may in its absolute discretion, hold an oral hearing of an appeal, a referral under section 5, an application under section 37E or, subject to paragraph (b), an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016.

(b) Before deciding if an oral hearing for an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016 should be held, the Board—

(i) shall have regard to the exceptional circumstances requiring the urgent delivery of housing as set out in the Action Plan for Housing and Homelessness, and

(ii) shall only hold an oral hearing if it decides, having regard to the particular circumstances of the application, that there is a compelling case for such a hearing.

(c) In paragraph (b) ‘Action Plan for Housing and Homelessness’ means the document entitled ‘Rebuilding Ireland - Action Plan for Housing and Homelessness’ published by the Government on 19 July 2016.”,

(b) as if in subsection (2)(a) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 37E” where it first occurs,

(c) as if in subsection (2)(a) “or under the said section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it last occurs,

(d) as if in subsection (2)(c)(iii) “, or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 254(6) ”,

(e) as if in subsection (2)(d) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E” where it first occurs,

(f) as if in subsection (2)(d) there were inserted the following after subparagraph (ii):

“(iii) in respect of an application under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016, within the period specified in a notice under section 8 of that Act within which the person may make submissions or observations to the Board in relation to the application,”,

(g) as if in subsection (3)(a) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”, and

(h) as if in subsection (4)(b)(i) “or under section 4 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “section 37E”.

Editorial Notes:

E285

Previous affecting provision: subsection inserted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(c), S.I. No. 458 of 2001; substituted as per F-note above.