Planning and Development Act 2000

Information to be provided in electronic form.

248

248.—(1) Subject to subsection (2), any document or other information that is required or permitted to be given in writing under this Act or any regulations made under this Act by the Minister, the planning authority, the Board or any other person, may be given in electronic form.

(2) A document or information referred to in subsection (1) may be given in electronic form only—

( a) if at the time it was given it was reasonable to expect that it would be readily accessible to the planning authority, Board or other person to whom it was directed, for subsequent reference or use,

( b) where such document or information is required or permitted to be given to a planning authority or the Board and the planning authority or the Board consents to the giving of the information in that form, but requires—

(i) the information to be given in accordance with particular information technology and procedural requirements, or

(ii) that a particular action be taken by way of verifying the receipt of the information,

if the requirements of the planning authority or the Board have been met and those requirements have been made public and are objective, transparent, proportionate and non-discriminatory, and

( c) where such document or such information is required or permitted to be given to a person who is neither a planning authority nor the Board F976 [ ].

(3) A document or information that the planning authority or the Board is required or permitted to retain or to produce, whether for a particular period or otherwise, and whether in its original form or otherwise, may be so retained or produced, as the case may be, in electronic form.

(4) Subsections (1), (2) and (3) are without prejudice to any other law requiring or permitting documents or other information to be given, retained or produced, as the case may be, in accordance with specified procedural requirements or particular information technology.

(5) The Minister may make regulations providing for or requiring the use of particular information technology or other procedural requirements in relation to the giving, retaining or production of a specified class or classes of documents or other information in electronic form F977 [ , and may deal with applications, appeals and referrals by electronic means. ]

(6) Without prejudice to the generality of subsection (5), the regulations may apply to a particular class or classes of documents or other information, or for a particular period.

(7) This section applies to a requirement or permission to give documents or other information whether the word “give”, “make”, “make available”, “submit”, “produce” or similar word or expression is used.

(8) ( a) This section is without prejudice to the requirements under section 250 in relation to the service or giving of a notice or copy of an order unless prescribed in regulations made under paragraph (b).

( b) The Minister may by regulation extend the application of this section to the service or giving of a notice or copy of an order under section 250 , where the Minister is of the opinion that the public interest would not be prejudiced by so doing and the section as so extended shall apply accordingly.

(9) In this section—

“documents or other information” includes but is not limited to—

( a) a development plan or any draft or variation of it,

( b) an application for permission or any other document specified in section 38(1) ,

( c) any map, plan or other drawing, and

( d) written submissions or observations;

F978 [ ]

Annotations

Amendments:

F976

Deleted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 44(a), S.I. No. 436 of 2018.

F977

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 44(b), S.I. No. 436 of 2018.

F978

Deleted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 71, S.I. No. 405 of 2010.