Planning and Development Act 2000

F842[Application for substitute consent.

177E

177E. (1) An application for substitute consent shall be made to the Board.

F843[(1A) The Board, at its own discretion and at the request of a person who has been given a notice by a planning authority under section 177B or who has received leave to apply for substitute consent under section 177D, may enter into consultations with the person before that person makes an application for substitute consent.]

(2) An application to the Board for substitute consent shall

(a) be made pursuant to a notice given under section 177B or 261A or a decision to grant leave to apply for substitute consent under section 177D,

(b) state the name of the person making the application,

(c) in accordance with a direction of the planning authority under section 177B(2), F844[section 261A(3)(c), section 261A(10) or section 261A(12),] shall be accompanied by a r F845[remedial environmental impact assessment report or remedial Natura impact statement or both that report and that statement], as the case may be,

(d) in accordance with a direction of the Board under section 177D(7), shall be accompanied by a F846[remedial environmental impact assessment report or remedial Natura impact statement or both that report and that statement], as the case may be,

(e) be accompanied by the fee payable in accordance with section 177M,

(f) comply with any requirements prescribed under section 177N, and

F847[(g) be received by the Board within the period specified in section 177B, 177D or 261A, as appropriate, and the said application may be accompanied by any other documents that the applicant considers would be of assistance to the Board in making a decision in relation to his or her application.]

F848[(2A)(a) Where an application for substitute consent is made in respect of a development pursuant to

(i) a notice given under section 177B,

(ii) a decision to grant leave to apply for substitute consent under section 177D in respect of a development to which section 177D(1)(a) applies, or

(iii) a decision to grant leave to apply for substitute consent under section 261A(20)(a),

that application may, subject to paragraph (b), be made in relation to

(I) that part of the development permitted under the permission granted in respect of that development that has been carried out at the time of the application, or

(II) that part of the development permitted under the permission granted in respect of that development that has been carried out at the time of the application and all or part of the development permitted under the permission granted in respect of that development that has not been carried out at the time of the application.

(b) Where an application for substitute consent made pursuant to

(i) a notice given under section 177B,

(ii) a decision to grant leave to apply for substitute consent under section 177D in respect of a development to which section 177D(1)(a) applies, or

(iii) a decision to grant leave to apply for substitute consent under section 261A(20)(a),

relates in part to development that has not been carried out at the time of the application, the applicant shall furnish with his or her application, in addition to the information referred to in subsection (2)

(I) where a direction to furnish a F849[remedial environmental impact assessment report was issued in respect of the development under section 177B(2), 177D(7), 261A(3)(c), 261A(10) or 261A(12), an environmental impact assessment report] in accordance with the permission regulations in relation to that part of the development that has not been carried out at the time of the application, and

(II) where a direction to furnish a remedial Natura impact statement was issued in respect of the development under section 177B(2), 177D(7), 261A(3)(c), 261A(10) or 261A(12), a Natura impact statement in relation to that part of the development that has not been carried out at the time of the application.]

(3) F850[]

(4) The Board may at its own discretion, on request extend the period specified in section 177B, 177D or 261A, for the making of an application for substitute consent, by such further period as it considers appropriate.

F851[(4A)(a) The Board shall consider whether a remedial environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the development.

(b) Paragraph (c) applies where the Board considers that the remedial environmental impact assessment report does not identify or adequately describe such effects.

(c) The Board shall require the applicant for substitute consent to furnish, within a specified period, such further information which is necessary to ensure the completeness and quality of the remedial environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the development as the Board considers necessary to remedy such defect.]

(5) As soon as may be after receipt of an application for substitute consent under this section, which is not invalid, the Board shall send a copy of the application and all associated documentation, including the F852[remedial environmental impact assessment report, or the remedial Natura impact statement, or both that report and that statement, as the case may be, and, where subsection (2A)(b) applies, the environmental impact assessment report or Natura impact statement or both that report and that statement]F853[, as the case may be,] to the planning authority for the area in which the development the subject of the application is situated and such documentation shall be placed on the register.]

Annotations

Amendments:

F842

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.

F843

Inserted (24.11.2011) by European Union (Substitute Consent) Regulations 2011 (S.I. No. 609 of 2011), reg. 4.

F844

Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 7.

F845

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 74, in effect as per reg. 2(1).

F846

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 75, in effect as per reg. 2(1).

F847

Substituted (19.12.2020) by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 6, commenced on enactment.

F848

Inserted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 4(a).

F849

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 76, in effect as per reg. 2(1).

F850

Deleted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 4(b).

F851

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 24, in effect as per reg. 2(1).

F852

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 77, in effect as per reg. 2(1).

F853

Substituted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 4(c).

F854

Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 27(a), (c), not commenced as of date of revision, subject to transitional provision in s. 41(12), not commenced as of date of revision.

F855

Substituted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 27(b), (d), (e), (g), not commenced as of date of revision, subject to transitional provision in s. 41(12), not commenced as of date of revision.

F856

Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 27(f), (h), (i), not commenced as of date of revision, subject to transitional provision in s. 41(12), not commenced as of date of revision.

Modifications (not altering text):

C146

Prospective affecting provision: subs. (1) amended, subs. (1A) substituted, subss. (1B)- (1E) inserted, subss. (2), (2A) substituted, subs. (2B) inserted, subs. (4) amended, subss. (4B), (4C), (6) inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 27(a)-(i), not commenced as of date of revision, subject to transitional provision in s. 41(12), not commenced as of date of revision.

177E.— (1) An application for substitute consent F854[in respect of development of land] shall be made to the Board.

F855[(1A) The Board may, at its own discretion and at the request of a person who intends to make an application for substitute consent, enter into consultations in respect of the application with that person before he or she makes the application.]

F854[(1B) Subject to subsection (2A), an application for substitute consent may be made by—

(a) a person who has carried out the development referred to in subsection (1), or

(b) the owner or occupier of the land on which the development has been carried out.

(1C) The Board shall only consider an application for substitute consent in respect of development of land where—

(a) subject to subsection (1D), the Board is satisfied under section 172 that an environmental impact assessment was required or is required for the development,

(b) subject to subsection (1E), the Board is satisfied under section 177U that an appropriate assessment was required or is required for the development, or

(c) subject to subsections (1D) and (1E), the Board is satisfied under sections 172 and 177U, that both of the assessments referred to at paragraphs (a) and (b) were required or are required for the development.

(1D) Where the Board receives an application which is accompanied by a remedial environmental impact assessment report under subsection (2)(b) and the application is not, under this Act or any regulations made under it, invalid or withdrawn, the Board shall be deemed to be satisfied that an environmental impact assessment is required and was required and the Board shall consider the application.

(1E) Where the Board receives an application which is accompanied by a remedial Natura impact statement under subsection (2)(b), and the application is not, under this Act or any regulations made under it, invalid or withdrawn, the Board shall be deemed to be satisfied that an appropriate assessment is required and was required and the Board shall consider the application.]

F855[(2) An application for substitute consent shall—

(a) state the name of the person making the application,

(b) be accompanied by a remedial environmental impact assessment report or remedial Natura impact statement, or both,

(c) be accompanied by the fee payable in accordance with section 177M,

(d) comply with any requirements prescribed under section 177N, and

(e) be accompanied by any other document that the applicant considers would be of assistance to the Board in making a decision in relation to his or her application.]

F855[(2A) Where an application for substitute consent is made in respect of development of land for which planning permission has been granted, that application may be made in relation to—

(a) that part of the development permitted under the permission that has been carried out at the time of the application, or

(b) subject to subsection (2B), that part of the development referred to in paragraph (a) and all or part of the development permitted under the permission that has not been carried out at the time of the application.]

F856[(2B) Where subsection (2A)(b) applies the applicant shall, in relation to that part of the development that has not been carried out at the time of the application, furnish one or both of the following to the Board with his or her application:

(a) where a remedial environmental impact assessment report has been furnished with the application, an environmental impact assessment report;

(b) where a remedial Natura impact statement has been furnished with the application, a Natura impact statement.]

...

(4) The Board may at its own discretion, on request extend the period F855[specified in section 177B (whether the notice given under section 177B(1) was confirmed or amended before the date of the coming into operation of section 40 (a) of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, or confirmed or amended on or after that date in accordance with section 41 (10) of that Act) or specified in section 261A], for the making of an application for substitute consent, by such further period as it considers appropriate.

...

F856[(4B) Where the Board considers that a remedial Natura impact statement does not comply with paragraph (a), (b) or (c) of section 177G(1), the Board shall require the applicant for substitute consent to furnish, within a specified period, such further information as it considers necessary for the statement to so comply.

(4C) Where further information required by the Board under subsection (4A)(c) or (4B) is not furnished to it by the applicant within the period specified under that subsection, or within any further period as may be specified by the Board, the application shall be deemed to have been withdrawn by the applicant.]

...

F856[(6) Where a remedial environmental impact assessment report, remedial Natura impact statement, environmental impact assessment report or Natura impact statement is received by the Board in response to a requirement under subsection (2CA), (2CB) or (2CC) of section 177K, the Board shall, as soon as may be after its receipt, send the report or statement, as the case may be, to the planning authority referred to in subsection (5), and the planning authority shall place the report or statement on the register.]

Editorial Notes:

E365

Previous affecting provision: subs. (3) amended (24.11.2011) by European Union (Substitute Consent) Regulations 2011 (S.I. No. 609 of 2011), reg. 4; deleted as per F-note above.

E366

Previous affecting provision: subs. (5) amended (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 4(c); subs. (5) amended as per F-note above.