8. Section 177K of the Act of 2000 is amended by—

(a) the substitution of the following subsection:

“(1) Where an application is made to the Board for substitute consent in accordance with this Act and regulations under this Act—

(a) the Board shall ensure that it has, or has access to, sufficient expertise to enable it to examine the remedial environmental impact assessment report and ensure its adequacy, and

(b) the Board may, subject to subsection (1A)—

(i) grant substitute consent (with or without conditions) in respect of the development concerned, or

(ii) refuse substitute consent in respect of the development concerned.”,

and

(b) the insertion of the following subsections:

“(1A) (a) The Board shall not grant substitute consent (whether subject to conditions or not) unless it is satisfied that exceptional circumstances exist that would justify the grant of such consent by the Board.

(b) When deciding whether or not to grant substitute consent, the Board shall not—

(i) be bound by,

(ii) take account of, or

(iii) otherwise have regard to,

any decision of the Board under section 177D as to the existence of exceptional circumstances in relation to an application under section 177C.

(c) A member (including the chairperson) of the Board who participated in the making of a decision by the Board under section 177D to grant leave to apply for substitute consent shall not participate in the consideration of, or the making of a decision under this section in relation to, an application under section 177E made pursuant to the grant of leave concerned.

(1B) Subsection (1A) shall apply to the following applications for substitute consent under section 177E:

(a) applications made on or after the commencement of Part 2 of the Planning and Development, and Residential Tenancies, Act 2020; and

(b) applications pending before the Board upon such commencement.

(1C) (a) The Board shall, in relation to an application referred to in paragraph (b) of subsection (1B), invite the applicant concerned to give to the Board such information as the applicant considers material for the purposes of the Board’s satisfying itself as to the matter referred to in paragraph (a) of subsection (1A), and any such information shall be given to the Board by the applicant within such period as is specified in the invitation concerned.

(b) The Board may—

(i) in relation to an application referred to in paragraph (b) of subsection (1B), and

(ii) in addition to any other information given, or required to be given, to the Board, in accordance with this Part,

require the applicant concerned to give to the Board (within such period as is specified in the requirement) such information as the Board may reasonably require for the purposes of its satisfying itself as to the matter referred to in paragraph (a) of subsection (1A).

(c) If an applicant for substitute consent fails or refuses to comply with a requirement under paragraph (b), the applicant shall be deemed to have withdrawn his or her application for such consent.

(1D) The Board shall, in relation to an application for substitute consent referred to in paragraph (b) of subsection (1B)—

(a) require the applicant concerned to publish a notice (which shall include notice of any information received by the Board pursuant to an invitation or requirement under subsection (1C)) in relation to the application concerned in accordance with regulations under section 177N (notwithstanding the publication of any other notice by the applicant at any time before the commencement of Part 2 of the Planning and Development, and Residential Tenancies, Act 2020),

(b) cause a copy of the application and any information received by the Board pursuant to an invitation or requirement under subsection (1C) to be made available—

(i) at the offices of the Board during normal business hours, for—

(I) inspection by members of the public, and

(II) purchase by members of the public for such fee not exceeding the reasonable cost of making such copy,

and

(ii) on the internet website of the Board,

(notwithstanding the application’s already having been made available for inspection or purchase by members of the public at any time before the commencement of Part 2 of the Planning and Development, and Residential Tenancies, Act 2020),

(c) give notice (which shall include notice of any information received by the Board pursuant to an invitation or requirement under subsection (1C)) in accordance with regulations under section 177N to the prescribed bodies of the application concerned (notwithstanding the giving of notice of the application to the prescribed bodies at any time before the commencement of Part 2 of the Planning and Development, and Residential Tenancies, Act 2020),

(d) give a copy of any information received by the Board pursuant to an invitation or requirement under subsection (1C) to the planning authority concerned (notwithstanding compliance by the Board with subsection (5) of section 177E before the commencement of Part 2 of the Planning and Development, and Residential Tenancies, Act 2020),

(e) request the planning authority concerned—

(i) to take account of any information received by the Board pursuant to an invitation or requirement under subsection (1C) when submitting a report to the Board in accordance with section 177I, or

(ii) in circumstances where such report was submitted in accordance with section 177I before the making of the request, to—

(I) amend the report so submitted, taking account of that information, and

(II) submit the report as so amended to the Board not later than 5 weeks after receipt by the planning authority of that request,

and

(f) require the applicant to—

(i) erect on the land on which the development concerned is situated, or affix to any structure on such land, a site notice in accordance with regulations under section 177N, and

(ii) submit to the Board a copy of the said site notice,

notwithstanding the erection on such land, or the affixing to any structure on such land, of a site notice in accordance with regulations under section 177N at any time before the commencement of Part 2 of the Planning and Development, and Residential Tenancies, Act 2020.

(1E) A person who has made an application for substitute consent to which paragraph (b) of subsection (1B) applies shall comply with a requirement of the Board under subsection (1D).

(1F) A planning authority of whom a request is made under subsection (1D) shall comply with that request.

(1G) A planning authority shall enter in the register any information given to it by the Board under subsection (1D).

(1H) The Board shall, in the making of a decision to grant or refuse substitute consent, consider any submissions or observations made in accordance with regulations under section 177N, including any such submissions or observations made in relation to an application for substitute consent referred to in paragraph (b) of subsection (1B) after compliance—

(a) by the Board with subsection (1D),

(b) by the applicant concerned with a requirement of the Board under that subsection, and

(c) by the planning authority concerned with a request of the Board under that subsection.

(1I) The Board may, for the purposes of enabling a planning authority to comply with subparagraph (i) of paragraph (e) of subsection (1D), extend the period under section 177I within which the planning authority shall submit a report to the Board in accordance with that section.”.