Planning and Development (Amendment) Act 2018
Amendment of section 34 of Principal Act
23. (1) Section 34 of the Principal Act is amended in subsection (2)(a) by deleting “and” in subparagraph (v) and by inserting the following after subparagraph (v):
“(va) previous developments by the applicant which have not been satisfactorily completed,
(2) Section 34 of the Principal Act is amended in subsection (3) by substituting “the applicant, and” for “the applicant.” in paragraph (b) and by inserting the following after paragraph (b):
“(c) where an application for permission relates to a residential development comprising 10 or more houses—
(i) any information available to the planning authority, or furnished to it by the applicant, concerning implementation by the applicant of any housing development in the previous 5 years, and
(ii) an assessment by the planning authority of the likelihood of the proposed development being implemented within the appropriate period sought, being the appropriate period within the meaning provided for by section 40(3).”.
(3) Section 34 of the Principal Act is amended in subsection (4)(g) by substituting “the giving and maintaining of adequate security” for “the giving of adequate security”.
(4) Section 34 of the Principal Act is amended by substituting the following for subsection (5):
“(5) The conditions under subsection (1) may provide that points of detail relating to a grant of permission be agreed between the planning authority and the person carrying out the development and, accordingly—
(a) where for that purpose that person has submitted to the planning authority concerned such points of detail, then that authority shall, within 8 weeks of those points being so submitted, or such longer period as may be agreed between them in writing, either—
(i) reach agreement with that person on those points, or
(ii) where that authority and that person cannot so agree on those points, that authority may—
(I) advise that person accordingly in writing, or
(II) refer the matter to the Board for its determination,
and, where clause (I) applies, that person may, within 4 weeks of being so advised, refer the matter to the Board for its determination,
(b) where none of the events referred to in subparagraph (i) or in clause (I) or (II) of subparagraph (ii) occur within those 8 weeks or such longer period as may have been so agreed, then that authority shall be deemed to have agreed to the points of detail as so submitted.”.
(5) Section 34 of the Principal Act is amended in subsection (6)—
(a) in paragraph (a)(i) by inserting “or local area plan, as the case may be,” after “development plan”,
(b) in paragraph (a)(ii), by inserting the following after clause (I):
“(IA) the regional assembly for the area in which the planning authority is situated,”,
(c) by inserting the following after paragraph (b):
“(ba) Where a resolution referred to in paragraph (a) has been passed by a planning authority in accordance with paragraph (b), the planning authority shall—
(i) send to the regional assembly for the area and the Office of the Planning Regulator a copy of the notice under paragraph (a) that relates to the resolution, and
(ii) at the same time, inform the regional assembly for the area and the Office of the Planning Regulator in writing that the resolution was passed.”.
(6) Section 34 of the Principal Act is amended in subsection (10) by substituting “chief executive” for “manager”.