Planning and Development Act 2000

F401[Section 37G: supplemental provisions.

37H

37H. (1) The Board shall send a copy of a decision under section 37G to the applicant, to any planning authority in whose area the development would be situated and to any person who made submissions or observations on the application for permission.

F402[(1A) (a) The Board shall cause to be published F403[as soon as may be] in one or more newspapers circulated in the area a notice informing the public of a decision under section 37G.

(b) The notice shall state that a person may question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with section 50.

(c) The notice shall identify where practical information on the review mechanism can be found.]

(2) A decision given under section 37G and the notification of the decision shall state

(a) F404[subject to paragraph (ba),] the main reasons and considerations on which the decision is based,

(b) F405[subject to paragraph (bb),] where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, F406[]

F407[(ba) in relation to the granting or refusal of any permission, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to grant or refuse permission is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to grant or refuse permission,

(bb) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the grant of any permission is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition,

(bc) in relation to the granting or refusal of any permission, subject to or without conditions, that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision, and]

F408[(c) the sum due to be paid to the Board towards the costs incurred by the Board of

(i) conducting consultations entered into by an applicant under section 37B,

(ii) compliance by the Board with a request by an applicant for an opinion of the Board under section 37D, or

(iii) determining an application under section 37E,

and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which sums the Board may, by virtue of this subsection, require to be paid).]

F409[(2A) A decision given under section 37G and the notification of the decision shall include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]

(3) A reference to costs in subsection (2)(c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.

(4) A grant of permission under section 37G shall be made as soon as may be after the making of the relevant decision but shall not become operative until any requirement made under subsection (2)(c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

(5) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement made under subsection (2)(c) the Board, the authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.

(6) A person shall not be entitled solely by reason of a permission under section 37G to carry out any development.]

Annotations

Amendments:

F401

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

F402

Inserted (13.07.2010) by European Communities (Public Participation) Regulations 2010 (S.I. No. 352 of 2010), reg. 10(b).

F403

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(a), in effect as per reg. 2(1).

F404

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(b)(i), in effect as per reg. 2(1).

F405

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(b)(ii)(I), in effect as per reg. 2(1).

F406

Deleted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(b)(ii)(II), in effect as per reg. 2(1).

F407

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(b)(iii), in effect as per reg. 2(1).

F408

Substituted (19.08.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 26, S.I. No. 405 of 2010.

F409

Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 10(c), in effect as per reg. 2(1).

Editorial Notes:

E183

Previous affecting provision: subs. (2)(c) inserted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 3, S.I. No. 684 of 2006, substituted as per F-note above.