38.—F431[(1) Where a planning authority gives its decision in respect of a planning application the following documents shall be made available by the authority within 3 working days by placing the documents on its website, and may also make available such documents both in electronic form and for inspection and purchase by members of the public during office hours:]

(a) a copy of the planning application and of any particulars, evidence, F432[environmental impact assessment report], other written study or further information received or obtained by the authority from the applicant in accordance with regulations under this Act;

(b) a copy of any submissions or observations in relation to the planning application which have been received by the authority;

(c) a copy of any report prepared by or for the authority in relation to the planning application;

(d) a copy of the decision of the authority in respect of the planning application and a copy of the notification of the decision given to the applicant; and

(e) a copy of any documents relating to a contribution or other matter referred to in section 34 (5).

F433[(1A) Details of any telephone numbers of the applicant or addresses for communication with the applicant in electronic form provided by or on behalf of the applicant shall be taken not to be part of the planning application and shall not be made available by a planning authority to members of the public.]

(2) Without prejudice to the Freedom of Information Act, 1997, and the European Communities Act, 1972 (Access to Information on the Environment) Regulations, 1998 (S.I. No. 125 of 1998), and any regulations amending those regulations, F434[…] the documents referred to under subsection (1) shall be available for inspection for a period of not less than 7 years after the making of the decision by the authority.

F435[(3)(a) Where a planning application is not accompanied by an environmental impact assessment report, any other document referred to in subsection (1)(a) or (b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority by placing the document on the authority’s website for inspection or in other electronic form.

(b) Where a planning application is accompanied by an environmental impact assessment report—

(i) a document referred to in subsection (1)(a) which is received or obtained by a planning authority shall be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document and may also be made available for inspection by the authority in other electronic form,

(ii) a document referred to in subsection (1)(b) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public during office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application and may also be made available by the authority for inspection by placing the document on the authority’s website or in other electronic form, and

(iii) a document referred to in subsection (1)(c), (d) or (e) which is received or obtained by a planning authority shall be placed on its website for inspection within 3 working days of the giving of the decision in respect of the application.]

F436[(3A) Without prejudice to the Freedom of Information Act 2014, and the European Communities (Access to Information on the Environment) Regulations 2007 to 2014, and any regulations amending those regulations, and the Data Protection Acts 1988 to 2018, the documents placed on the planning authority’s website pursuant to subsection (3)(b) shall be maintained and available for inspection thereon in perpetuity.]

(4) Copies of documents under this section shall be available for purchase on payment of a specified fee not exceeding the reasonable cost of making such a copy.

(5) At the end of the period for the availability of documents referred to in subsection (2), a planning authority shall retain at least one original copy of each of those documents in a local archive in accordance with section 65 of the Local Government Act, 1994.

(6) The Minister may prescribe additional requirements in relation to the availability for inspection by members of the public of documents relating to planning applications.

(7) This section shall apply in respect of any application made to a planning authority after the commencement of this section.