Planning and Development Act 2000

F312[LRD Opinion.

32D

32D.(1) The planning authority shall provide an opinion (referred to in this Act as an "LRD opinion") to the prospective LRD applicant, within the period of 4 weeks beginning on the date on which the LRD meeting takes place, as to whether or not the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.

(2) Where the opinion of the planning authority is that the documents submitted for the purposes of the meeting do not constitute a reasonable basis on which to make an application for permission for the proposed LRD it shall specify in the LRD opinion—

(a) the areas, or the issues, in respect of which the documents submitted do not constitute a reasonable basis on which to make the application, and

(b) any issues that, if addressed by the relevant documents, could result in the documents constituting a reasonable basis on which to make the application.

(2A) The LRD opinion issued by a planning authority under subsection (1) shall be made public when a planning application in respect of the proposed development is made in accordance with section 34.

(3) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the planning authority providing an LRD opinion, including the form of the LRD opinion.

(4) Where, on the expiry of the period specified in subsection (1), the planning authority has failed to provide an LRD opinion, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why it failed to provide the LRD opinion in the specified period.]

Annotations

Amendments:

F312

Inserted (17.12.2021) by Planning and Development (Large Scale Residential Developments) Act 2021 (40/2021), s. 3, S.I. No. 715 of 2021.

Modifications (not altering text):

C76

Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 92(7), not commenced as of date of revision.

LRD opinion

92.— …

(7) Notwithstanding the repeal of section 32A, 32B, 32C, 32D, 32E, 32F and 32G of the Act of 2000 by section 6, each such section of the Act of 2000 shall continue to apply and have effect on and after its repeal in relation to a request under subsection (1) of the said section 32B.