Planning and Development Act 2000
F430[Objective of the Board in relation to applications under section 37L
37Q.—(1) It shall be the duty of the Board to ensure that a decision under section 37N on an application made under section 37L is made as expeditiously as is consistent with proper planning and sustainable development and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the making of that decision.
(2) Without prejudice to the generality of subsection (1) and subject to subsections (3) to (5), it shall be the objective of the Board to ensure that a decision under section 37N on an application made under section 37L is made within a period of 18 weeks beginning on the later of—
(a) the date of receipt of the application, or
(b) where a report requested under section 37L(12)(a) is received within the time specified in that paragraph or within such period of extension as may have been agreed under section 37L(12)(b), the date of receipt of that report.
(3) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of the matter with which the Board is concerned, to determine the matter within the period referred to in subsection (2), the Board shall, by notice in writing served on the applicant for permission, any planning authority involved and any other person who submitted submissions or observations in relation to the matter before the expiration of that period, inform the authority and those persons of the reasons why it would not be possible or appropriate to determine the matter within that period and shall specify the date before which the Board intends that the matter shall be determined.
(4) Where a notice has been served under subsection (3), the Board shall take all such steps as are open to it to ensure that the matter is determined before the date specified in the notice.
(5) The Board shall include in each report made under section 118 a statement of the number of matters which the Board has determined within the period referred to in subsection (2) and such other information as to the time taken to determine such matters as the Minister may direct.]
Annotations
Amendments:
F430
Inserted (14.07.2015) by European Union (Environmental Impact Assessment and Habitats) Regulations 2015 (S.I. No. 301 of 2015), reg. 4.
Modifications (not altering text):
C110
Prospective affecting provision: transitional arrangements on repeal made by Planning and Development Act 2024 (34/2024), s. 129(6), not commenced as of date of revision.
Applications for retrospective consent
129.— …
(6) Where an application under section 37L of the Act of 2000 was made before the repeal of that section by section 6 but the Commission did not make a decision in relation to the application before such repeal—
(a) the said section 37L,
(b) sections 37M, 37N, 37O and 37Q of the Act of 2000, and
(c) regulations under section 37P of the Act of 2000,
shall, on and after that repeal and subject to subsection (9) of section 41 of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, continue to apply and have effect for the purpose of that application.