Planning and Development Act 2000

F373[Discussions with Board before making of application.

37B

37B. (1) A person who proposes to apply for permission for any development specified in the Seventh Schedule shall, before making the application, enter into consultations with the Board in relation to the proposed development.

(2) Such a person is referred to subsequently in this section and in sections 37C and 37D as a "prospective applicant".

(3) In any consultations under subsection (1), the Board may give advice to the prospective applicant regarding the proposed application and, in particular, regarding

(a) whether the proposed development would, if carried out, fall within one or more of paragraphs (a) to (c) of section 37A(2),

(b) the procedures involved in making a planning application and in considering such an application, and

(c) what considerations, related to proper planning and sustainable development or the environment, may, in the opinion of the Board, have a bearing on its decision in relation to the application.

(4) Where, following consultations under this section, the Board is of the opinion that the proposed development would, if carried out

(a) fall within one or more of paragraphs (a) to (c) of section 37A(2), it shall serve a notice in writing on the prospective applicant stating that it is of that opinion, or

(b) not fall within any of those paragraphs, it shall serve a notice in writing on the prospective applicant stating that it is of that opinion.

(5) A notice under subsection (4)(b) shall include a statement that the prospective applicants application for permission, if it is proceeded with, must be made to the appropriate planning authority (and such an application, if it is proceeded with, shall be made to that planning authority accordingly).

(6) The Board shall serve a copy of a notice under subsection (4)(a) or (b), as the case may be, on the appropriate planning authority.

(7) No application for permission in respect of a development referred to in subsection (1) shall be made to a planning authority unless or until a notice is served under subsection (4)(b) in relation to the development.

(8) In this section "appropriate planning authority" means whichever planning authority would, but for the enactment of section 3 of the Planning and Development (Strategic Infrastructure) Act 2006, be the appropriate planning authority to deal with the application referred to in subsection (1).]

Annotations

Amendments:

F373

Inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006.

Modifications (not altering text):

C67

Application of section restricted (1.09.2019) by Aircraft Noise (Dublin Airport) Regulation Act 2019 (12/2019), s. 18(2)-(4), S.I. No. 403 of 2019.

Amendment of Seventh Schedule to Act of 2000 and related transitional provisions

18. ...

(2) Where, before the relevant day, a person has entered into consultations with the Board under section 37B of the Act of 2000 in relation to a relevant development but no notice under subsection (4)(a) of that section has been served on such person following such consultations, such consultations shall, on and after the relevant day and by virtue of this subsection, cease and, on an after the relevant day, no such notice shall be served on such person.

(3) (a) Paragraphs (b) and (c) apply where, before the relevant day, a notice has been served on a person under section 37B(4)(a) of the Act of 2000 in relation to a relevant development on a person but no related application has been made under section 37E of that Act.

(b) On and after the relevant day, the notice that has been served under section 37B(4)(a) of the Act of 2000 shall, by virtue of this subsection, be deemed to be withdrawn by the Board and—

(i) accordingly, the related application may not be made under section 37E of that Act or, if made, the Board shall refuse to deal with it, and

(ii) the Board shall, as soon as is practicable on or after the relevant day, give notice in writing to the person on whom such notice was served that he or she may not make the related application under section 37E of that Act and the reasons for that.

(c) This subsection shall not be construed as preventing the related application from being proceeded with by way of being made to the appropriate planning authority.

(4) (a) Paragraphs (b) and (c) apply where, before the relevant day, an application has been made under section 37E of the Act of 2000 in relation to a relevant development, but has not yet been determined by, the Board.

(b) On and after the relevant day, the notice that has been served under section 37B(4)(a) of the Act of 2000 that gave rise to the application shall, by virtue of this subsection, be deemed to be withdrawn by the Board and—

(i) accordingly, the Board shall refuse to further deal with the application,

(ii) the Board shall return the application to the person who made it together with any fee that accompanied the application, and

(iii) the Board shall, as soon as is practicable on or after the relevant day, give notice in writing to the person who made the application, and any other person who has made submissions or observations on the application, that the Board will no longer deal with the application and the reasons for that.

(c) This subsection shall not be construed as preventing the application from being proceeded with by way of being made to the appropriate planning authority.

(5) Sections 146B and 146C of the Act of 2000 shall, on and after the relevant day, cease to apply to a decision of the Board to grant permission under section 37G of that Act to a relevant development.

(6) In this section—

“planning authority” means a local authority within the meaning of section 2 of the Act of 2001;

“relevant day” means the day on which subsection (1) comes into operation;

“relevant development” means the development deleted, by subsection (1), from paragraph 2 of the Seventh Schedule to the Act of 2000.