Planning and Development Act 2000

F422[Section 37N: supplemental provisions

37O

37O.(1) The Board shall send a copy of a decision under section 37N, as soon as may be after the making of the decision, to

(a) the applicant,

(b) any planning authority in whose functional area the development would be situated, and

(c) any person who made submissions or observations on the application for permission under section 37L to which the decision relates.

(2) A planning authority referred to in subsection (1) shall enter the details of the decision under section 37N in the register.

(3)(a) Where an environmental impact statement was submitted with the application for permission under section 37L to which the decision relates, the Board shall cause to be published on its website a notice informing the public of the decision under section 37N.

(b) The notice under paragraph (a) shall state that a person may question the validity of the decision by the Board to which the notice relates 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 under paragraph (a) shall identify where practical information on the review mechanism can be found.

(4) A decision given under section 37N and a notice of the decision required to be given under subsection (3) shall state

(a) the main reasons and considerations on which the decision is based,

(b) where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, and

(c) where a decision by the Board under section 37N to grant or to refuse permission is different, in relation to the granting or refusal of permission, 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 report to grant or refuse permission.

(5) A grant of permission under section 37N shall be made as soon as may be after the making of the relevant decision.

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

Annotations

Amendments:

F422

Inserted (14.07.2015) by European Union (Environmental@newline@Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2014), reg. 4.

F423

Substituted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 20(a), not commenced as of date of revision.

F424

Deleted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 20(b)(i), not commenced as of date of revision.

F425

Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 20(b)(ii), (iii), not commenced as of date of revision.

Modifications (not altering text):

C80

Prospective affecting provision: subss. (3)(a), (4)(b) amended, subs. (4)(ba)-(bc) inserted and subs. (4)(c) amended by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 20(a), (b)(i)-(iii), not commenced as of date of revision.

(3)(a) Where an F423[environmental impact assessment report] was submitted with the application for permission under section 37L to which the decision relates, the Board shall cause to be published on its website a notice informing the public of the decision under section 37N.

(4) ...

(b) where conditions are imposed in relation to the grant of any permission, the main reasons for the imposition of any such conditions, F424[]

F425[(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of an environmental impact assessment report) is materially different, in relation to the terms of the condition, from a 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 the recommendation in relation to such condition,

(bb) in relation to the grant or refusal of any permission, subject to or without conditions, that the Board is satisfied, where an environmental impact assessment was carried out, 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,

(bc) in summary form, 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 how those results have been incorporated into the decision or otherwise addressed, and]

(c) where a decision by the Board under section 37N F425[(being a decision which arises from the consideration of the environmental impact assessment report concerned)] to grant or to refuse permission is different, in relation to the granting or refusal of permission, 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 report to grant or refuse permission.