Planning and Development Act 2000

F392[Section 37E: supplemental provisions.

37F

37F. (1) Before determining any application for permission under section 37E the Board may, at its absolute discretion and at any time

(a) require the applicant for permission to submit further information, including a revised F393[environmental impact assessment report],

(b) indicate that it is considering granting permission, subject to the applicant for permission submitting revised particulars, plans or drawings in relation to the development,

(c) request further submissions or observations from the applicant for permission, any person who made submissions or observations, or any other person who may, in the opinion of the Board, have information which is relevant to the determination of the application,

(d) without prejudice to subsections (2) and (3), make any information relating to the application available for inspection, notify any person or the public that the information is so available and, if it considers appropriate, invite further submissions or observations to be made to it within such period as it may specify, or

(e) hold meetings with the applicant for permission or any other person

(i) where it appears to the Board to be expedient for the purpose of determining the application, or

(ii) where it appears to the Board to be necessary or expedient for the purpose of resolving any issue with the applicant for permission or any disagreement between the applicant and any other party, including resolving any issue or disagreement in advance of an oral hearing.

(2) Where an applicant submits a revised F394[environmental impact assessment report] to the Board in accordance with subsection (1)(a) or otherwise submits further information or revised particulars, plans or drawings in accordance with subsection (1), which, in the opinion of the Board, contain significant additional information on the effect of the proposed development on the environment to that already submitted, the Board shall

(a) make the information, particulars, plans or drawings, as appropriate, available for inspection,

(b) give notice that the information, particulars, plans or drawings are so available, and

(c) invite further submissions or observations to be made to it within such period as it may specify.

(3) Where the Board holds a meeting in accordance with subsection (1)(e), it shall keep a written record of the meeting and make that record available for inspection.

(4) The Board, or an employee of the Board duly authorised by the Board, may appoint any person to hold a meeting referred to in subsection (1)(e).

(5) Before making a decision under section 37G in respect of proposed development comprising or for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.

(6) When making its decision under section 37G on the application the Board shall have regard to the observations, if any, received from the Environmental Protection Agency within the period specified under subsection (5).

(7) The Board may, at any time after the expiration of the period specified in a notice under section 37E(3)(a) for making submissions or observations, make its decision under section 37G on the application.

(8) The making of observations by the Environmental Protection Agency under this section shall not prejudice any other function of the Agency.]

Annotations

Amendments:

F392

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

F393

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 17, in effect as per reg. 2(1).

F394

Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 18, in effect as per reg. 2(1).

F395

Substituted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(d), not commenced as of date of revision.

Modifications (not altering text):

C73

Propsective affecting provision: subs. (5) amended by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(d), not commenced as of date of revision.

(5) Before making a decision under section 37G in respect of proposed development comprising or for the purposes of an activity for which F395[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.