Planning and Development Act 2000
F427[Periods for decision-making in relation to applications for permission for renewable energy development or repowering development under section 37E
37JB.—(1) Subject to subsection (3), where an application for permission for renewable energy development or repowering development is made to An Coimisiún Pleanála under section 37E, and the period for making a decision under subsection (2) or (3) of section 37J would expire after the expiry of the relevant period referred to in subsection (2), a decision on the application under section 37G shall be made before the expiry of the relevant period.
(2) The relevant period referred to in subsection (1) is —
(a) in the case of renewable energy development with an electrical capacity of 150kW or more, 52 weeks from the date of the notice referred to in section 37JA(a), or
(b) in the case of renewable energy development with an electrical capacity of less than 150kW or repowering development, 30 weeks from the date of the notice referred to in section 37JA(a).
(3) Where An Coimisiún Pleanála considers that permission should nevertheless be given for the development for imperative reasons of overriding public interest in accordance with section 177AA, a decision on the application under section 37G shall be made before the expiry of —
(a) in the case of renewable energy development with an electrical capacity of 150kW or more, 2 years from the date of the notice referred to in section 37JA(a), or
(b) in the case of renewable energy development with an electrical capacity of less than 150kW or repowering development, one year from the date of the notice referred to in section 37JA(a).]
Annotations
Amendments:
F427
Inserted (6.08.2025) by European Union (Planning and Development) (Renewable Energy) Regulations 2025 (S.I. No. 274 of 2025), reg. 9, subject to transitional provisions in reg. 38.