Planning and Development Act 2000

F314[Application for opinion under section 32I.

32H

32H.]

Annotations:

Amendments:

F314

Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.

Modifications (not altering text):

C46

Prospective affecting provision: section inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 11, not commenced as of date of revision.

F314[32H. (1) A person who intends to apply for permission under section 34 (referred to in this section and section 32I as a "prospective applicant") may, before making such an application (referred to in this section and section 32I as the "proposed application"), request a meeting for the purposes of section 32I with the planning authority or authorities in whose functional area or areas the proposed development would be situated.

(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—

(a) the name and address of the prospective applicant,

(b) a site location map sufficient to identify the land on which the proposed development would be situated,

(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,

(d) a draft layout plan of the proposed development,

(e) a description of—

(i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and

(ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,

(f) an undertaking to provide with the proposed application, either—

(i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,

(ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or

(iii) a combination of subparagraphs (i) and (ii),

(g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and

(h) such other information as may be prescribed.

(3) A planning authority that receives a request under subsection (1) or section 32B(1) may, prior to a meeting taking place under section 32I, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the meeting in relation to a proposed development.

(4) Where a planning authority consults with a person under subsection (3), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

(5) Where a prospective applicant submits a request in accordance with subsection (1) or section 32B(1), the planning authority shall convene a meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.

(6) The following persons shall attend a meeting convened under subsection (5):

(a) the planning authority;

(b) the prospective applicant, one or more persons on his or her behalf, or both.

(7) The planning authority shall ensure that planning authority officials attending the meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.

(8) The planning authority shall keep a record in writing of any meeting convened under subsection (5), including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under subsection (11) or section 32I(7) and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

(9) A record kept by a planning authority under subsection (8) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.

(10) 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 holding a meeting convened under subsection (5), including—

(a) matters that are required to be considered at the meeting,

(b) matters that may be considered at the meeting, and

(c) the manner in which the meeting is to be conducted.

(11) Where, on the expiry of the period specified in subsection (5), the meeting has not taken place, the planning authority shall proceed to convene the meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the meeting did not take place in the specified period.]