37S.—(1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where—

(i) pursuant to section 34B(1)(a), the competent authority concludes that it is not of the opinion referred to in section 34B(1)(a)(iii), or

(ii) pursuant to section 34B(5) or 34C(5), that decision is to refuse the application concerned.

(b) The competent authority shall be a party to the appeal notwithstanding section 34B(5)(d) or 34C(5)(d).

(2) Without prejudice to the generality of the Board’s powers under section 37, or under section 37 as read with any other provision of this Act, the Board shall, in determining the appeal—

(a) where subsection (1)(a)(i) applies, take into account such of the provisions of section 34B following subsection (1) of such section 34B, and of section 26 (b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal,

(b) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34B(5), take account of such of the provisions of section 34B following subsection (5) of such section 34B, and of section 26(b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal, or

(c) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34C(5), take account of such of the provisions of section 34C following subsection (5) of such section 34C, and of section 26(b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal.

(3) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to—

(a) the Board’s consideration of the appeal in so far as such consideration relates to—

(i) a conclusion referred to in subsection (1)(a)(i), or

(ii) a refusal referred to in subsection (1)(a)(ii),

and

(b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a),

as if any reference to the competent authority in those subsections (1) to (3) of that section 9 were a reference to the Board.

(4) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions forming part of the Board’s consideration of the appeal as those subsections apply to measures and restrictions referred to in those subsections.

(5) Subsection (12) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to—

(a) the Board and the decision it is minded to make on the appeal in so far as such decision relates to—

(i) a conclusion referred to in subsection (1)(a)(i), or

(ii) a refusal referred to in subsection (1)(a)(ii),

and

(b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a),

as if any reference to the competent authority in such subsection (12) were a reference to the Board and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Board is minded to make on such appeal.]