Planning and Development Act 2000

Objective of the Board in relation to transferred functions.

221

221.—(1) It shall be the duty of the Board to ensure that any matters submitted in accordance with the functions transferred to it under F1150[section 214, 215, 215A, 215B or 215C] are disposed of as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of those matters.

(2) Without prejudice to the generality of subsection (1) and subject to subsections (3), (4), (5) and (6), it shall be the objective of the Board to ensure that—

(a) the matter is determined within a period of 18 weeks beginning on the last day for making objections, observations or submissions, as the case may be, in accordance with the relevant enactment referred to in F1150[section 214, 215, 215A, 215B or 215C], or

(b) the matter is determined within such other period as the Minister may prescribe in relation to paragraph (a), either generally or in respect of a particular class or classes of matter.

(3) (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Board is concerned, to determine the matter within the period prescribed under subsection (2), the Board shall, by notice in writing served on any local authority involved and any other person who submitted objections, representations, submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Board intends that the matter shall be determined.

(b) Where a notice has been served under paragraph (a), the Board shall take all such steps as are open to it to ensure that the matter is determined before the date specified in the notice.

(4) The Minister may by regulations vary the period as specified in subsection (2) either generally or in respect of a particular class or classes of matters with which the Board is concerned, in accordance with the transferred functions under this Part, where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and, for so long as the regulations are in force, this section shall be construed and have effect in accordance therewith.

(5) Where the Minister considers it to be necessary or expedient that certain functions of the Board (being functions transferred under F1150[section 214, 215, 215A, 215B or 215C]) performable in relation to matters of a class or classes that—

(a) are of special strategic, economic or social importance to the State, and

(b) are submitted to the Board for the performance by it of such functions,

be performed as expeditiously as is consistent with proper planning and sustainable development, he or she may give a direction to the Board that in the performance of the functions concerned priority be given to matters of the class or classes concerned, and the Board shall comply with such direction.

(6) Subsection (2) shall not apply in relation to the functions under the Public Health (Ireland) Act, 1878, the Local Government Act, 1925, or the Water Supplies Act, 1942, which are transferred to the Board under section 214.

(7) For the purposes of meeting its duty under this section, the chairperson may, or shall when so directed by the Minister, assign the functions transferred to the Board under F1150[section 214, 215, 215A, 215B or 215C] to a particular division of the Board in accordance with section 112.

(8) The Board shall include in each report made under section 118 a statement of the number of matters which the Board has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine such matters as the Minister may direct.

F1151[(9) The Minister may by regulations provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of the functions transferred to the Board under section 214 or 215 as appear to the Minister to be necessary or expedient.]

Annotations

Amendments:

F1150

Substituted (21.07.2009) by Harbours (Amendment) Act 2009 (26/2009), s. 7(2)(f), commenced on enactment.

F1151

Inserted (9.10.2001) by Local Government Act 2001 (37/2001), s. 247(k), S.I. No. 458 of 2001.

Editorial Notes:

E439

Power pursuant to subs. (9) exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).

E440

Previous affecting provision: subss. (1), (2), (5) and (7) amended (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 41, S.I. No. 684 of 2006; substituted as per F-note above.