Planning and Development Act 2000

F1241[Effect of bringing of judicial review of maritime area consent on application for permission

304

304. (1) Where the Maritime Area Regulatory Authority grants a maritime area consent, the person who applied for that consent shall, notwithstanding the making by any other person of an application under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) for judicial review of a decision to grant that consent, be eligible to make an application in accordance with this Chapter for permission for development in accordance with that consent.

(2) Where a person makes an application in accordance with this Chapter for permission for development in circumstances to which subsection (1) applies, the Board shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it by this Chapter in relation to that application for permission as if no such application for judicial review had been made.

(3) A permission for development granted under this Chapter in circumstances to which this section applies shall not come into effect unless and until

(a) final judgment is given

(i) in relation to the application for judicial review referred to in this section, and

(ii) upholding the grant of the maritime area consent concerned in respect of which that application was made,

or

(b) the application for judicial review referred to in this section is withdrawn.]

Annotations:

Amendments:

F1241

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