Planning and Development (Amendment) Act 2010

66.

Amendment of section 182D of Principal Act.

66.— Section 182D (inserted by section 4 of the Act of 2006) of the Principal Act is amended—

( a) in subsection (1)—

(i) by the substitution of “environmental impact statement or Natura impact statement or both of those statements as the case may be”, for “environmental impact statement”, and

(ii) by the substitution of “effects on the environment or adverse effects on the integrity of a European site as the case may be” for “effects on the environment”,

( b) in subsection (3)( a), by the substitution of “the effects, if any of the proposed development on the environment or adverse effects, if any of the proposed development on the integrity of a European site” for “the effects, if any of the proposed development on the environment”,

( c) by the insertion of the following subsections after subsection (5):

“(5A) A decision of the Board given under subsection (5) shall state—

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

( b) where conditions are attached under subsection (5) or (6), the main reasons for attaching the conditions, and

( c) the sum and direct the payment of the sum to be paid to the Board towards the costs incurred by the Board—

(i) in complying with its obligations under sections 146B, 146C, 146D (inserted by section 30 of the Act of 2006), and 181A (inserted by section 36 of the Act of 2006),

(ii) relating to the giving of a written opinion in compliance with a request made under section 182E(3) (inserted by section 4 of the Act of 2006),

(iii) of conducting consultations under section 182E,

(iv) of determining the application made under section 182C (inserted by section 4 of the Act of 2006) under this section,

and, in such amount as the Board considers to be reasonable, state the sum to be paid and direct the payment of the sum to any planning authority that incurred costs during the course of consideration of that application and to any other person as a contribution to the costs incurred by that person during the course of consideration of that application (each of which the sums the Board may, by virtue of this subsection, require to be paid).

(5B) A reference to costs in subsection (5A)( c) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.

(5C) A notice of a decision given under subsection (5) shall be furnished to the applicant as soon as may be after it is given but shall not become operative until any requirement under subsection (5A)( c) in relation to the payment by the applicant of a sum in respect of costs has been complied with.

(5D) Where an applicant for permission fails to pay a sum in respect of costs in accordance with a requirement under subsection (5A)( c), the Board, the planning authority or any other person concerned (as may be appropriate) may recover the sum as a simple contract debt in any court of competent jurisdiction.”.