Planning and Development Act 2000

F1224[Provision supplementing section 293

294

294. (1) The Board shall send a copy of a decision under section 293 to

(a) the applicant for permission,

(b) the Maritime Area Regulatory Authority,

(c) any planning authority

(i) within whose functional area it is proposed to carry out the development concerned, or

(ii) whose functional area adjoins the maritime site in which it is proposed to carry out the development concerned,

and

(d) any person, Member State of the European Union or other state that made submissions or observations in relation to the application for permission,

and the said copy shall be accompanied by a document containing a statement of the matters referred to in subsection (3).

(2) (a) The Board shall, as soon as may be, cause to be published on its internet website and in at least one national newspaper a notice informing the public of a decision under section 293.

(b) The notice referred to in paragraph (a) shall state that a person may, in accordance with section 50, question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

(c) The notice referred to in paragraph (a) shall specify where information relating to the making of an application referred to in paragraph (b) may be obtained.

(3) The document referred to in subsection (1) shall

(a) state the main reasons and considerations on which the decision is based,

(b) where conditions are imposed in relation to the grant of any permission, state the reasons for the imposition of any such conditions,

(c) in the case of a decision (whether to grant or refuse permission) of the Board that conflicts with a recommendation in a report under section 146 in relation to the application for permission, state the reasons for not following that recommendation,

(d) in the case of a permission to which the Board (after having considered an environmental impact assessment report or Natura impact statement) has, for environmental reasons, attached a condition that conflicts with a recommendation in a report under section 146 in relation to the application for permission, state the reason for not following that recommendation,

(e) in relation to the grant or refusal of any permission, state that the Board is satisfied that the reasoned conclusion regarding the effects on the environment of the development concerned was up to date at the time of the decision,

(f) state the sum payable by the applicant to the Board for the purpose of contributing to the cost to the Board of

(i) its consulting with the applicant under section 287,

(ii) its acceding to a request by the applicant for an opinion under section 290, and

(iii) its performing functions under section 293 in relation to the application under section 291,

and

(g) state the sum payable by the applicant to

(i) the Maritime Area Regulatory Authority,

(ii) any coastal planning authority, or

(iii) any other person,

for the purpose of contributing to the cost incurred as a result of the performance of functions in relation to the application by any or all of the foregoing.

(4) A copy of a decision referred to in subsection (1) shall contain

(a) a summary of

(i) the outcome of any consultation that took place in relation to the application concerned, and

(ii) the manner in which the matters (if any) agreed during such consultation were taken account of in the decision or otherwise addressed,

(b) a summary of the information collected during the carrying out of an environmental impact assessment in relation to the application, and

(c) a summary of any submissions or observations of a Member State of the European Union or a state that is a party to the Transboundary Convention in relation to the application.

(5) The cost to the Board referred to in paragraph (f) of subsection (3) is the cost incurred by the Board less the prescribed fee (referred to in paragraph (a) of subsection (1) of section 291), or any part thereof, paid to the Board by or on behalf of the applicant.

(6) A permission granted under section 293 shall not come into effect unless and until all sums referred to in paragraphs (f) and (g) of subsection (3) payable by the applicant have been paid.

(7) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a statement referred to in paragraph (f) of subsection (3), the Board may recover the sum as a simple contract debt in any court of competent jurisdiction.

(8) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a statement referred to in paragraph (g) of subsection (3), the Maritime Area Regulatory Authority, the coastal planning authority concerned or any other person to whom the sum is owed, as the case may be, may recover the sum as a simple contract debt in any court of competent jurisdiction.

(9) A person shall not be entitled to carry out development to which this Chapter applies solely by reason of a grant of permission under section 293.]

Annotations:

Amendments:

F1224

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