Planning and Development Act 2000

F1202[Effect of bringing of judicial review of maritime area consent on application under section 34 or appeal under section 37

283

283. (1) Where the Maritime Area Regulatory Authority grants a maritime area consent, the person who applied for that consent shall, notwithstanding the making by any other person of an application under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986) for judicial review of the decision to grant that consent, be eligible to make an application under section 34 for permission for development to which this Chapter applies.

(2) Where a person makes an application in accordance with this Chapter for permission for development in circumstances to which subsection (1) applies, the coastal planning authority concerned shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it by and in accordance with this Chapter in relation to that application for permission as if no such application for judicial review had been made.

(3) Where an application for permission for development made in circumstances to which subsection (1) applies is refused by a coastal planning authority and the applicant for such permission appeals the refusal to the Board under section 37, the Board shall, notwithstanding any pending application for judicial review referred to in that subsection, perform the functions conferred on it under this Act in relation to the appeal concerned as if no such application for judicial review had been made.

(4) A permission granted under section 34 or 37 for development to which this Chapter applies in circumstances to which this section applies shall not come into effect unless and until

(a) final judgment is given

(i) in relation to the application for judicial review referred to in this section, and

(ii) upholding the grant of the maritime area consent concerned in respect of which that application was made,

or

(b) the application for judicial review referred to in this section is withdrawn.]

Annotations:

Amendments:

F1202

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 171, S.I. No. 488 of 2022.