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


Amendment of section 50A of Principal Act

22. Section 50A of the Principal Act is amended—

(a) in subsection (3)—

(i) in paragraph (a), by the substitution of “quashed,” for “quashed, and”,

(ii) in paragraph (b), by the substitution of “falls), and” for “falls).”, and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) the applicant has exhausted any available appeal procedures or any other administrative remedy available to him or her in respect of the decision or act concerned.”,


(b) by the insertion of the following subsection after subsection (9):

“(9A) If, on an application for judicial review under the Order, the Court decides to quash a decision or other act to which section 50(2) applies, made or done on an application for permission or approval, the Court shall, if requested by the applicant for permission or approval, remit the matter to the planning authority, the local authority or the Board, as may be appropriate, for reconsideration, subject to such directions as the Court considers appropriate, unless the Court considers, having regard to the circumstances of the case, that it would not be lawful to do so.”.