Planning and Development Act 2000

F420[Decision by Board on application under section 37L

37N

37N.(1) When making a decision in relation to an application under section 37L, the Board shall consider all information relating to the application provided to it under this Act and any matter to which, by virtue of this Act, it can have regard.

(2) Without prejudice to the generality of subsection (1), the Board shall consider

(a)(i) any environmental impact statement or Natura impact statement submitted,

(ii) any submissions or observations made to it,

(iii) any report submitted by a planning authority in accordance with section 37L(12),

(iv) any information furnished in accordance with section 37L(13),

(v) any information furnished in accordance with section 37M(1), and

(vi) any other relevant information before it relating to

(I) the likely consequences of the proposed development for proper planning and sustainable development in the area in which it is proposed to situate the development, and

(II) the likely effects on the environment of the proposed development,

(b) any report or recommendation prepared in relation to the application in accordance with section 146, including any report of a person conducting an oral hearing of the proposed development,

(c) the provisions of the development plan or plans for the area,

(d) the provisions of any special amenity area order relating to the area,

(e) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

(f) if the proposed development would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact, and

(g) the matters referred to in section 143.

(3) The Board may, in respect of an application under section 37L for permission, decide to grant the permission, subject to or without conditions, or to refuse it.

(4) The Board may decide to grant a permission for development, or any part of a development, under this section even if the proposed development, or part thereof, contravenes materially the development plan relating to any area in which it is proposed to situate the development where it considers that

(a) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned, or

(b) permission for the proposed development should be granted having regard to guidelines under section 28 or any relevant policy of the Government, the Minister or any Minister of the Government.

(5) Where the Board grants a permission in accordance with subsection (4)(b), the Board shall, in addition to the requirements of section 37O(4), indicate in its decision the main reasons and considerations for contravening materially the development plan.

(6) Without prejudice to the generality of the Boards powers to attach conditions under subsection (3) the Board may attach to a permission for development under this section

(a) a condition with regard to any of the matters specified in section 34(4),

(b) a condition requiring the payment of a contribution or contributions of the same kind as the appropriate planning authority could require to be paid under section 48 or 49 (or both) were that authority to grant the permission (and the scheme or schemes referred to in section 48 or 49, as appropriate, made by that authority shall apply to the determination of such contribution or contributions in the same way as if the authority were to impose the condition), or

(c) a condition requiring the applicant to submit further information to it or any other local or state authority, as the Board may specify before commencing development.

(7) In subsection (6)(b) appropriate planning authority means whichever planning authority would, but for the operation of section 37L, be the appropriate planning authority to grant the permission referred to in this section or, where the development is situated in the functional area of more than one planning authority, the planning authority in whose functional area the largest portion of the development, as determined by the Board by reference to area, is situated.

(8) The conditions attached under this section to a permission may provide that points of detail relating to the grant of the permission may be agreed between the planning authority or authorities in whose functional area or areas the development will be situate and the person carrying out the development; if that authority or those authorities and that person cannot agree on the point of detail, the point of detail may be referred to the Board for determination.

(9) The Board shall not grant a permission in respect of an application under section 37L that

(a) is not made in accordance with, or

(b) does not comply with the requirements of,

the permission regulations.]

Annotations

Amendments:

F420

Inserted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 4.

F421

Substituted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 19, not commenced as of date of revision.

Modifications (not altering text):

C79

Prospective affecting provision: subs. (2)(a)(i) amended by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 19, not commenced as of date of revision.

(a)(i) any F421[environmental impact assessment report] or Natura impact statement submitted,