Planning and Development Act 2000

F1215[Opinion of Board as to flexibility with regard to application for permission

287B

287B. (1) The Board shall, as soon as practicable after a meeting convened under section 287A(3) takes place, consider—

(a) the information included in the request for the meeting under section 287A, and

(b) any other relevant information that is made available at the meeting,

and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.

(2) Where the Board determines that it is satisfied in accordance with subsection (1), it shall provide an opinion to that effect to the prospective applicant.

(3) Where the Board determines that it is not satisfied in accordance with subsection (1), it shall notify the prospective applicant to that effect.

(4) An opinion under subsection (2) shall specify—

(a) the details, or groups of details, of the proposed development as proposed by the prospective applicant that may be confirmed after the proposed application has been made or decided;

(b) the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in paragraph (a);

(c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act or the Maritime Area Planning Act 2021, be accompanied by the information referred to in section 287A(2)(f).

(5) A meeting held, and any opinion issued for the purposes of this section shall be part of consultations held under section 287.

(6) An opinion issued by the Board under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 291.

(7) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the Board providing an opinion under subsection (2), including the form of the opinion.]

Annotations:

Amendments:

F1215

Inserted (1.10.2022) by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 73(b), S.I. No. 487 of 2022.

Editorial Notes:

E587

Power pursuant to subs. (7) exercised (16.12.2023) by Planning and Development (Amendment) (No. 3) Regulations 2023 (S.I. No. 655 of 2023).