Planning and Development Act 2000

Reports and documents of the Board.

146

146.—(1) The Board or an employee of the Board duly authorised by the Board may in connection with the performance of any of the Board’s functions under this Act, assign a person to report on any matter on behalf of the Board.

(2) A person assigned in accordance with subsection (1) shall make a written report on the matter to the Board, which shall include a recommendation, and the Board shall consider the report and recommendation before determining the matter.

F603[(3) Where, during the consideration by it of any matter falling to be decided by it in performance of a function under or transferred by this Act or any other enactment, the Board either

(a) is required by or under this Act or that other enactment to supply to any person documents, maps, particulars or other information in relation to the matter, or

(b) considers it appropriate, in the exercise of its discretion, to supply to any person such documents, maps, particulars or information ("relevant material or information"),

subsection (4) applies as regards compliance with that requirement or such supply in the exercise of that discretion.

F604[(4) It shall be sufficient compliance with the requirement referred to in subsection (3) for the Board

(a) where an environmental impact assessment report or a remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, is or are, as the case may be, submitted with an application or request, or any such report is received by the Board in the course of considering an application, request or appeal, to place on its website for inspection and make available for inspection and purchase by members of the public at the offices of the Board from as soon as may be after receipt of such report

(i) the application, request or appeal, as the case may be,

(ii) the environmental impact assessment report or remedial environmental impact assessment report, or both such reports, as the case may be,

(iii) the notice or notices, as the case may be, published in one or more newspapers circulating in the area in which it is proposed to carry out the development, or in which the development is located, indicating the nature and location of the proposed development or development, as the case may be,

(iv) any further information furnished by, or alterations to the terms of the development made by, or a revised environmental impact assessment report or a revised remedial environmental impact assessment report (as construed in accordance with section 177F), or both such reports, as the case may be, furnished by, the person who is proposing to carry out or who has carried out the development, as the case may be, and

(v) any other relevant material or information, or

(b) in any other case, to do both of the following (or, as appropriate, the Board, in the exercise of the discretion referred to in subsection (3), may do both of the following):

(i) make the relevant material or information available for inspection

(I) at the offices of the Board or any other place, or

(II) by electronic means; and

(ii) notify the person concerned that the relevant material or information is so available for inspection.]

(5) Within 3 days following the making of a decision on any matter falling to be decided by it in performance of a function under or transferred by this Act or under any other enactment, the documents relating to the matter

(a) shall be made available by the Board for inspection at the offices of the Board by members of the public, and

(b) may be made available by the Board for such inspection

(i) at any other place, or

(ii) by electronic means,

as the Board considers appropriate.

(6) Copies of the documents referred to in subsection (5) and of extracts from such documents shall be made available for purchase at the offices of the Board, or such other places as the Board may determine, for a fee not exceeding the reasonable cost of making the copy.

F605[(7) The documents referred to in subsection (5) shall

(a) where an environmental impact assessment was carried out, be made available for inspection on the Boards website in perpetuity beginning on the third day following the making by the Board of the decision on the matter concerned, or

(b) where no environmental impact assessment was carried out, be made available by the means referred to in subsection (5)(b) for a period of at least 5 years beginning on the third day following the making by the Board of the decision on the matter concerned.]]

Annotations

Amendments:

F603

Substituted and inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 29, S.I. No. 684 of 2006.

F604

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 12(a), in effect as per reg. 2(1).

F605

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 12(b), in effect as per reg. 2(1).