37.—(1) (a) An applicant for permission and any person who made submissions or observations in writing in relation to the planning application to the planning authority in accordance with the permission regulations and on payment of the appropriate fee, may, at any time before the expiration of the appropriate period, appeal to the Board against a decision of a planning authority under section 34.

(b) Subject to paragraphs (c) and (d), where an appeal is brought against a decision of a planning authority and is not withdrawn, the Board shall determine the application as if it had been made to the Board in the first instance and the decision of the Board shall operate to annul the decision of the planning authority as from the time when it was given; and subsections (1), (2), F363[(3), (4), and (4A)] of section 34 shall apply, subject to any necessary modifications, in relation to the determination of an application by the Board on appeal under this subsection as they apply in relation to the determination under that section of an application by a planning authority.

(c) Paragraph (b) shall be construed and have effect subject to sections 133, 138 and 139.

(d) In paragraph (a) and subsection (6), “the appropriate period” means the period of four weeks beginning on the day of the decision of the planning authority.

(2) (a) Subject to paragraph (b), the Board may in determining an appeal under this section decide to grant a permission even if the proposed development contravenes materially the development plan relating to the area of the planning authority to whose decision the appeal relates.

(b) Where a planning authority has decided to refuse permission on the grounds that a proposed development materially contravenes the development plan, the Board may only grant permission in accordance with paragraph (a) where it considers that—

(i) the proposed development is of strategic or national importance,

(ii) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned, or

(iii) permission for the proposed development should be granted having regard to F364[regional spatial and economic strategy] for the area, guidelines under section 28, policy directives under section 29, the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister or any Minister of the Government, or

(iv) permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the making of the development plan.

(c) Where the Board grants a permission in accordance with paragraph (b), the Board shall, in addition to the requirements of section 34(10), indicate in its decision the main reasons and considerations for contravening materially the development plan.

(3) Subject to section 141(2), the provisions of subsection (1) authorising appeals to be made before the expiration of the appropriate period within the meaning of that subsection shall be construed as including a provision that an appeal received by the Board after the expiration of the appropriate period shall be invalid as not having been made in time.

(4) (a) Notwithstanding subsection (1), where in accordance with the permission regulations any prescribed body is entitled to be given notice of any planning application, that body shall be entitled to appeal to the Board before the expiration of the appropriate period within the meaning of that subsection where the body had not been sent notice in accordance with the regulations.

(b) The Board may dismiss any appeal made under paragraph (a) where it considers the body concerned was not entitled to be sent notice of the planning application in accordance with the permission regulations.

F365[(c) Notwithstanding subsection (1), a body or organisation referred to in paragraph (d) shall be entitled to appeal to the Board against a decision by a planning authority on an application for development (being development in respect of which an F366[environmental impact assessment report] was required to be submitted to the planning authority in accordance with section 172) before the expiration of the appropriate period within the meaning of that subsection.

(d) The body or organisation mentioned in paragraph (c) is a body or organisation (not being a State authority, a public authority or a governmental body or agency)—

(i) the aims or objectives of which relate to the promotion of environmental protection,

(ii) which has, during the period of 12 months preceding the making of the appeal, pursued those aims or objectives, and

(iii) which satisfies such additional requirements (if any) as are prescribed under paragraph (e).

(e) The Minister may prescribe additional requirements which a body or organisation of the foregoing kind must satisfy in order to make an appeal under paragraph (c), being requirements of a general nature and for the purposes of promoting transparency and accountability in the operation of such organisations, including requirements—

(i) in relation to its membership,

(ii) that the pursuit of its aims or objectives be otherwise than for profit,

(iii) in relation to the possession of a specified legal personality and the possession of a constitution or rules,

(iv) that the area of environmental protection to which its aims or objectives relate is relevant to the class of matter into which the decision, the subject of the appeal, falls.

(f) The Board may dismiss any appeal made under paragraph (c) where it considers that the body or organisation concerned does not satisfy the requirements of paragraph (d)(i), (ii) or (iii).]

(5) (a) No application for permission for the same development or for development of the same description as an application for permission for development which is the subject of an appeal to the Board under this section shall be made before—

(i) the Board has made its decision on the appeal,

(ii) the appeal is withdrawn, or

(iii) the appeal is dismissed by the Board pursuant to section 133 or 138.

(b) Where an application for permission referred to in paragraph (a) is made to a planning authority, the planning authority shall notify the applicant that the application cannot be considered by the planning authority and return the application and any other information submitted with the application in accordance with the permission regulations, and any fee paid.

(c) A dispute as to whether an application for permission is for the same development or is for development of the same description as an application for permission which is the subject of an appeal to the Board may be referred to the Board for determination.

(6) (a) Notwithstanding subsection (1)(a), a person who has an interest in land adjoining land F367[in respect of which a decision to grant permission has been made] may, within the appropriate period and on payment of the appropriate fee, apply to the Board for leave to appeal against a decision of the planning authority under section 34.

(b) An application under paragraph (a) shall state the name and address of the person making the application, the grounds upon which the application is made, and a description of the person’s interest in the land.

(c) The Board shall, within one week from the receipt of an application under paragraph (a), require, by notice in writing, the planning authority concerned to submit to the Board copies of the materials referred to in subparagraph (i) of section 128(a), the report referred to in subparagraph (ii) of that section, and the decision and notification referred to in subparagraph (iii) of that section and the planning authority shall comply with such requirement within one week from the date of receiving the notice.

(d) The Board, or any member or employee of the Board duly authorised by the Board in that behalf, shall, where an applicant under this subsection shows that—

(i) the development F367[in respect of which a decision to grant permission has been made] will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority to which the grant is subject, and

(ii) that the imposition of such conditions will materially affect the applicant’s enjoyment of the land or reduce the value of the land,

within 4 weeks from the receipt of the application grant the applicant leave to appeal against the decision of the planning authority under subsection (1).

(e) The Board shall notify in writing the applicant and the planning authority of a decision to grant or refuse an application under this subsection within 3 days from its making.

(f) A person to whom leave to appeal has been granted under this subsection shall bring the appeal within 2 weeks from the receipt of the notification under paragraph (e).

(g) Notwithstanding section 34(11)(a)(i), where an application is made under this subsection a planning authority shall not make a grant of permission unless the application is refused.

(h) Where leave to appeal is granted under this subsection, subsection (2) of section 126 shall apply subject to the modification that the reference therein to 18 weeks shall be construed as a reference to 14 weeks.

(i) Where leave to appeal is granted under this section, a planning authority that has complied with paragraph (c) shall, in respect of the appeal, be deemed to have complied with the requirements of section 128.

F368[(7) Subject to the modification referred to in subsection (8), and any other necessary modifications, subsections (12) and (12A) of section 34 apply to the consideration by the Board of an application on appeal under subsection (1) against a decision of the planning authority.

(8) The modification is that the reference in section 34(12) to the planning authority shall be construed as a reference to the Board.

(9) Where the Board refuses under section 34(12), as applied by subsection (7), to consider an application on appeal—

(a) it shall give the reasons for the refusal to the person who made the appeal,

(b) the application on appeal shall be deemed to have been withdrawn by the applicant for permission, and

(c) the refusal shall operate to annul the decision of the planning authority as from the time when that decision was given.]