Planning and Development, Maritime and Valuation (Amendment) Act 2022


Amendment of section 37 of Principal Act

13. Section 37 of the Principal Act is amended —

(a) in subsection (1)(b), by the substitution of “(3), (4), and (4A)” for “(3) and (4)”, and

(b) by the insertion of the following subsections after subsection (6):

“(7) Subject to the modification referred to in subsection (8), and any other necessary modifications, subsections (12) and (12A) of section 34 apply to the consideration by the Board of an application on appeal under subsection (1) against a decision of the planning authority.

(8) The modification is that the reference in section 34(12) to the planning authority shall be construed as a reference to the Board.

(9) Where the Board refuses under section 34(12), as applied by subsection (7), to consider an application on appeal—

(a) it shall give the reasons for the refusal to the person who made the appeal,

(b) the application on appeal shall be deemed to have been withdrawn by the applicant for permission, and

(c) the refusal shall operate to annul the decision of the planning authority as from the time when that decision was given.”.