Planning and Development Act 2000

F903[Supplementary provisions relating to an application for substitute consent.

177P

177P. F904[(1) Section 126 shall apply in relation to the duty of the Board to dispose of applications for substitute consent as it applies to the duty of the Board to dispose of appeals and referrals subject to

(a) the modification that references in that section to appeals and referrals shall be to applications for substitute consent,

(b) the modification that the period of 18 weeks referred to in paragraph (a) of subsection (2) shall begin on the date of receipt by the Board of the report submitted by the planning authority to the Board in accordance with section 177I, and

(c) any other necessary modifications.]

(2) Section 130 (other than subsection (3)(b), (c) or (d)) shall apply in relation to making submissions or observations by any person other than the applicant for substitute consent or the relevant planning authority as it does to the making of submissions or observations by any person other than a party subject to the following and any other necessary modifications:

(a) references in that section to a party shall be construed as references to the applicant for substitute consent or the relevant planning authority, and

(b) references in that section to an environmental impact assessment shall be construed as references to a F905[remedial environmental impact assessment report or a remedial Natura impact statement, or both that report and that statement], as the case may be.

(3) Section 131 shall apply in relation to the Board requesting submissions or observations in relation to an application for substitute consent as it does in relation to an appeal or referral subject to the following and any other necessary modifications:

(a) references in that section to party to the appeal or referral shall be construed as references to applicant for substitute consent or the relevant planning authority, and

(b) references in that section to an appeal or referral shall be construed as references to an application for substitute consent.

(4) Section 132 shall apply in relation to the Board requiring a document, particulars or other information that it considers necessary to enable it to determine an application for substitute consent as it does in relation to requiring a document, particulars or other information as it considers necessary to enable it to determine an appeal or referral subject to the following and any other necessary modifications:

(a) references in that section to party shall be construed as references to applicant for substitute consent or the relevant planning authority, and

(b) references in that section to an appeal or referral shall be construed as references to an application for substitute consent.

(5) Section 133 shall apply in relation to the Board determining or dismissing an application for substitute consent as it applies in relation to the Board determining or dismissing an appeal or referral subject to the modification that references in that section to appeal or referral shall be construed as reference to an application for substitute consent and subject to any other necessary modifications.

(6) Section 135 shall apply in relation to the holding of an oral hearing of an application for substitute consent as it applies in relation to an oral hearing of an appeal, referral or application subject to the modification that references in that section to an appeal, referral or application shall be construed as references to an application for substitute consent and any other necessary modifications.]

Annotations

Amendments:

F903

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

F904

Substituted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 9.

F905

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. 82, in effect as per reg. 2(1).