Planning and Development Act 2000

F1225[Period within which decision under section 293 to be made


295. (1) Subject to this section, a decision under section 293 in relation to an application under section 291 shall be made not later than

(a) 18 weeks from

(i) the expiration of the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of subsection (3) of section 291,

(ii) the day on which the Board receives further information from the applicant for permission pursuant to a requirement under paragraph (a) of subsection (1) of section 292, or

(iii) the conclusion of an oral hearing in relation to the application for permission concerned in accordance with section 305,

whichever occurs latest, or

(b) the expiration of such other period as the Minister may prescribe either generally or with respect to any particular class of application.

(2) Where the Board is of the opinion that it would not be possible or appropriate, by reason of the existence of special circumstances in relation to the application concerned, for the Board to comply with subsection (1), the Board shall, by notice in writing served on

(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,


(d) any other person who made submissions or observations in relation to the application before the expiration of the period within which those submissions or observations were required to be made pursuant to

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

(ii) an invitation under section 292,

state the reason for that opinion and specify the date by which the Board intends to make a decision under section 293 in relation to the application, and the Board shall make all such efforts as are reasonably necessary or expedient to ensure that it makes the decision by that date.

(3) Where the Minister considers it necessary or expedient that decisions under section 293, in relation to applications under section 291 of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of its or their being of special strategic, economic or social importance to the State, he or she may give a direction to the Board to give priority to the making of such decisions, and the Board shall comply with any such direction.

(4) The Board shall, in each report made under section 118, include

(a) a statement of the number of decisions under section 293 that it has made in compliance with a direction under subsection (3) during the year to which the report relates, and

(b) such other information as the Minister may direct relating to the time within which such decisions were made.]




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