Planning and Development Act 2000

F1228[Provision supplementing section 291

292

292. (1) The Board may, before making a decision under section 293 in respect of an application under section 291

(a) require the applicant to submit, within such period as the Board may specify, such further information (which may include a revised environmental impact assessment report or Natura impact statement) as the Board may specify,

(b) inform the applicant that it is considering granting such permission, subject to the applicant’s submitting such revised particulars, plans or drawings in relation to the development as the Board may specify,

(c) invite further submissions or observations (to be made within such period as may be specified by the Board) from

(i) the applicant for permission,

(ii) any person who made submissions or observations in relation to the application, or

(iii) any other person who, in the opinion of the Board, is likely to have information that might have a bearing on the consideration by the Board of the application,

or

(d) without prejudice to subsections (2) and (3)

(i) make any information relating to the application available for inspection by members of the public at its offices during normal office hours,

(ii) notify (in such manner as it considers appropriate) any person or the public that the information is being made so available, and

(iii) invite further submissions or observations in relation to the application to be made to it within such period as it may specify.

(2) Where, in accordance with a requirement under paragraph (a) of subsection (1), an applicant submits a revised environmental impact assessment report, revised Natura impact statement, further information or revised particulars, plans or drawings to the Board that, in the opinion of the Board, contains or contain significant additional information on the effects of the proposed development on the environment or a European site, the Board shall

(a) make any such revised report or statement, information, particulars, plans or drawings available for inspection by members of the public at its offices during normal office hours,

(b) publish in such manner as it considers appropriate a notice informing the public that any such report, statement, information, particulars, plans or drawings are being so made available, and

(c) invite further submissions or observations in relation to the application to be made to it within such period as it may specify.

(3) The Board may, before making a decision under section 293 in respect of an application under section 291, invite

(a) the Maritime Area Regulatory Authority,

(b) any coastal planning authority to whom copies of the application for permission concerned were sent in accordance with a direction under paragraph (b) of subsection (3) of section 291,

(c) the Environmental Protection Agency,

(d) the Minister,

(e) the Minister for Agriculture, Food and the Marine, or

(f) the Minister for the Environment, Climate and Communications,

to make submissions or observations in relation to the application within such period (which shall not be less than 3 weeks from the date of the invitation) as may be specified by the Board.

(4) When making a decision under section 293 in respect of an application under section 291, the Board shall have regard to any submissions or observations made in accordance with an invitation under subsection (1), (2) or (3).

(5) The Board may, at any time after the expiration of the period within which submissions or observations may be made pursuant to

(a) a notice or an invitation in a notice under section 291, or

(b) an invitation under this section,

whichever occurs later, make a decision under section 293 in relation to the application.

(6) (a) The making of submissions or observations by the Maritime Area Regulatory Authority under this section shall not prejudice the performance by it of any of its other functions.

(b) The making of submissions or observations by a coastal planning authority under this section shall not prejudice the performance by it of any of its other functions.

(c) The making of submissions or observations by the Environmental Protection Agency under this section shall not prejudice the performance by it of any of its other functions.

(d) The making of submissions or observations by the Minister, the Minister for Agriculture, Food and the Marine or the Minister for the Environment, Climate and Communications under this section shall not prejudice the performance by that Minister of the Government of any of his or her other functions.

(7) Where an applicant for permission under this Chapter fails or refuses to comply with paragraph (a) of subsection (1), the application concerned is deemed to have been withdrawn.]

Annotations:

Amendments:

F1228

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 171, S.I. No. 488 of 2022.