Planning and Development Act 2000

F1236[Material alteration of terms of permission

299

299. (1) The Board may, in relation to a requested alteration that is a material alteration

(a) make the requested alteration of the terms of the permission concerned,

(b) make the requested alteration of the terms of the permission concerned subject to such modifications as the Board considers appropriate, or

(c) refuse to make the requested alteration,

in this section referred to as a "decision".

(2) The Board shall, in the performance of its functions under subsection (1), have regard to

(a) any environmental impact assessment report submitted to the Board under paragraph (a) of subsection (1) of section 302 and any subsequent reasoned conclusion of the Board, relating to the requested alteration concerned, and any submissions or observations made in relation thereto in accordance with a notice under paragraph (c), (d) or (e) of that subsection,

(b) any Natura impact statement submitted to the Board under paragraph (a) of subsection (2) of section 302 and any subsequent determination under section 177V, relating to the requested alteration concerned, and any submissions or observations made in relation thereto in accordance with a notice under paragraph (c) or (d) of that subsection,

(c) the National Marine Planning Framework,

(d) the National Planning Framework,

(e) the marine planning policy statement,

(f) any regional, spatial and economic strategy of a regional assembly

(i) within whose functional area it is proposed to carry out development to which the requested alteration relates, or

(ii) whose functional area adjoins the maritime site to which the requested alteration relates,

(g) the development plan of any coastal planning authority

(i) within whose functional area it is proposed to carry out development to which the requested alteration relates, or

(ii) whose functional area adjoins the maritime site to which the requested alteration relates,

(h) any local area plan applicable to a part of the functional area of any coastal planning authority

(i) within which it is proposed to carry out development to which the requested alteration relates, or

(ii) that adjoins the maritime site to which the requested alteration relates,

(i) any social or economic benefit that would likely accrue to the State or a part of the State by virtue of the requested alteration,

(j) land-sea interactions within the meaning of Directive 2014/89/EU of the European Parliament and of the Council of 23 July 201424 ,

(k) objectives of maritime spatial planning,

(l) principles of proper planning and sustainable development,

(m) contractual commitments entered into by the requesting person in relation to the development concerned,

(n) the extent to which the development has already been advanced (if at all) in accordance with the permission granted in respect thereof under section 293, and

(o) relevant materials within the meaning of subsection (5) of section 297.

(3) The Board may attach conditions to an alteration under this section of the terms of a permission under section 293.

(4) (a) The Board shall, as soon as may be after compliance by the requesting person with section 302 but not before the expiration of the period specified in the notice referred to in paragraph (c) of subsection (1) of that section, make a decision under this section in respect of a requested alteration that it has determined under subparagraph (i) of paragraph (a) of subsection (5) of section 297 is likely to have significant effects on the environment.

(b) The Board shall, as soon as may be after compliance by the requesting person with section 302 but not before the expiration of the period specified in the notice referred to in paragraph (c) of subsection (2) of that section, make a decision under this section in respect of a requested alteration to which a determination under subsection (4) of section 177U applies.

(c) The Board shall, as soon as may be after

(i) it has been provided with information in accordance with section 297, or

(ii) it has been provided with information in accordance with a requirement under subsection (5),

whichever occurs later, make a decision under this section in respect of a requested alteration that it has determined under paragraph (b) of subsection (5) of section 297 would constitute a material alteration of the terms of the permission concerned.

(5) A requesting person shall provide the Board with such information (additional to any information provided in accordance with section 297) as the Board may reasonably require for the purposes of its functions under this section.

(6) Where the Board makes a decision under this section, it shall

(a) publish

(i) in at least one national newspaper, and

(ii) on its internet website,

a notice of the decision,

(b) make the decision available for inspection at its offices during normal office hours,

(c) in circumstances where the requesting person was required under subsection (6) of section 297 to prepare an environmental impact assessment report in relation to the requested alteration, inform

(i) the persons to whom copies of that report were sent in accordance with paragraph (d) of subsection (1) of section 302, of the decision, and

(ii) any Member State of the European Union and any other state to which that report was sent in accordance with paragraph (e) of subsection (1) of section 302, of the decision,

and

(d) in circumstances where the requesting person was required under subsection (6) of section 297 to prepare a Natura impact statement in relation to the requested alteration, inform the persons to whom copies of that statement were sent in accordance with paragraph (c) of subsection (2) of section 302, of the decision.

(7) A decision under this section shall

(a) state the main reasons for the decision, and

(b) where the decision does not follow a recommendation in relation to the requested alteration made in a report prepared in accordance with section 146, state the reasons for not following that recommendation.

(8) The Board may attach such conditions (if any) as it considers appropriate to the alteration of the terms of a permission made under this section, and where it so attaches a condition to such alteration

(a) for reasons resulting from a consideration by the Board of an environmental impact assessment report or a Natura impact statement, or

(b) that is not consistent with a recommendation in such statement or in a report prepared in accordance with section 146,

the decision under paragraph (a) or (b) of subsection (1) shall state the reasons for attaching that condition.]

Annotations:

Amendments:

F1236

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