37L.—F416[(1) Where a person applies for substitute consent in respect of development of land under section 177E, the person may also apply for permission for the following:

(a) development of the land the subject of the application for substitute consent;

(b) development of land adjoining the land the subject of the application for substitute consent.]

(2) An application for permission F417[…] under subsection (1) shall be made to the Board.

F416[(3) Development referred to in paragraph (a) or (b) of subsection (1) is not required to be the same as, or of the same description as, the development the subject of the application for substitute consent referred to in that subsection.]

(4) Subject to subsections (5) and (6), an application under subsection (1) may be made not later than 6 weeks after the date of receipt by the Board of the application for substitute consent.

F416[(5) Where prior to the date of the coming into operation of section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022 an application for substitute consent has been made under section 177E, but no decision has been made by the Board in respect of that application prior to or on that date, an application for permission may be made under subsection (1) as substituted by that section 17, within 6 months of that date.]

F416[(6) An application may not be made under subsection (1), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, where a decision has been made by the Board in respect of the application for substitute consent referred to in subsection (1) as so substituted, prior to or on the date of the coming into operation of that section 17.]

F416[(7) Where—

(a) subsection (5), as substituted by section 17 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, applies, and

(b) the applicant for substitute consent informs the Board by notice in writing prior to it making its decision in respect of the application for substitute consent, in this subsection referred to as the "first application", that he or she intends to submit an application for permission under subsection (1), as substituted by that section 17, in this subsection referred to as the "second application",

the Board shall, notwithstanding section 177P(1), not make its decision on the first application prior to—

(i) the date that is 6 months after the date of the coming into operation of that section 17,

(ii) the date the second application is received by the Board, or

(iii) the date the applicant for substitute consent informs the Board by notice in writing that he or she no longer intends to submit a second application,

whichever is the earlier.]

(8) Where the Board receives an application for permission under subsection (1) F417[…], it shall consider that application in conjunction with the application for substitute consent F418[referred to in subsection (1)] and it shall be the duty of the Board to take all such steps as are open to it to ensure that the decision under section 37N is made as soon as possible after the decision on the application for substitute consent.

(9) The Board, at its own discretion and at the request of a person intending to make an application under subsection (1), may enter into consultations with the person before that person makes an application under subsection (1).

(10) On receipt of an application under subsection (1), the Board shall send a copy of the application and, where relevant, any F418[environmental impact assessment report] or Natura impact statement to the planning authority or authorities in whose functional area or areas the proposed development would be situated.

(11) Where the Board considers that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state which is a party to the Transboundary Convention, it shall send a copy of the application and, where relevant, any F418[environmental impact assessment report] or Natura impact statement to the prescribed authority of the relevant state or states together with a notice stating that submissions or observations may be made in writing to the Board within the period specified in that notice.

(12)(a) Where requested to do so by the Board, the planning authority for the functional area (or, as the case may be, each planning authority for the functional areas) in which the proposed development would be situated shall, within 6 weeks from the making of the request, prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the environment and the proper planning and sustainable development of the functional area of the authority, having regard in particular to the matters specified in section 34(2) to which a planning authority is to have regard.

(b) The Board may agree to extend the period specified in F418[paragraph (a)], provided that such period of extension shall not exceed 6 weeks.

(c) The Board may make a decision under section 37N(3) notwithstanding that a planning authority has failed to submit a report requested under paragraph (a) within the time specified in that paragraph or within such period of extension as may have been agreed under paragraph (b).

(13) In addition to the report referred to in subsection (12), the Board may, where it considers it necessary to do so, require the planning authority or authorities referred to in that subsection or any planning authority or authorities on whose functional area or areas the proposed development would have a significant effect to furnish to the Board such information in relation to the effects of the proposed development on the proper planning and sustainable development of the functional area concerned and on the environment as the Board may specify.]