Planning and Development Act 2000

Regulations regarding appeals and referrals.

142

142.—(1) The Minister may by regulations—

(a) provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of appeals as appear to the Minister to be necessary or expedient, and

(b) make such provision as regards procedure in respect of referrals as appear to the Minister to be necessary or expedient.

(2) Without prejudice to the generality of subsection (1), regulations under this section may enable the Board where it is determining an appeal under section 37 to invite an applicant and enable an applicant so invited to submit to the Board revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the appeal relates.

(3) Where plans, drawings or particulars referred to in subsection (2) are submitted to the Board in accordance with regulations under this section, the Board may, in determining the appeal, grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars.

(4) Without prejudice to the generality of subsection (1), the Board may require any party to an appeal or referral to give such public notice in relation thereto as the Board may specify and, in particular, may require notice to be given at the site or by publication in a newspaper circulating in the district in which the land or structure to which the appeal or referral relates is situate.

F586[(6) Regulations under this section may make different provision with respect to appeals in relation to applications for permission for development made by the Central Bank of Ireland in the cases referred to in section 33(5), and such regulations may make provision modifying the operation of sections 132 and 146 in relation to such appeals.]

F587[(7) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) provide that the Board, where it is determining an LRD appeal, may, generally or in specified circumstances, serve a notice on the applicant for permission, requesting the applicant to submit such further information, or type of information, with respect to the appeal as may be prescribed in the regulations, within such time as may be specified in the notice, and

(b) require such applicant to submit further information in accordance such a request.]

Annotations

Amendments:

F586

Inserted (1.08.2013) by Central Bank (Supervision and Enforcement) Act 2013 (26/2013), s. 90(b), S.I. No. 287 of 2013.

F587

Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 11, S.I. No. 715 of 2021.

Editorial Notes:

E297

There is no subs. (5) in the Act as enacted or amended.

E298

Power pursuant to section exercised (21.09.2011) by Planning and Development (Amendment) (No. 3) Regulations 2011 (S.I. No. 476 of 2011).

E299

Power pursuant to section exercised (21.01.2002 and 11.03.2002) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).