Planning and Development Act 2000

F1235[Oral hearings

305

305. (1) The Board may at its discretion hold an oral hearing of an application under section 291 or a request under section 297.

(2) An applicant under section 291 or requesting person under section 297 or any person who makes a submission or observation pursuant to a notice or an invitation under section 291, 292, 297 or 302 may make a request in writing for an oral hearing of the application or request, as the case may be.

(3) A request under this section shall be accompanied by such fee (if any) as the Board may specify, and the Board shall not consider a request under this section that is not accompanied by a fee so specified.

(4) The Board shall not consider a request for an oral hearing made

(a) in the case of a request made by an applicant under section 291, later than the expiration of

(i) the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of subsection (3) of section 291, or

(ii) the period within which submissions and observations are required to be made pursuant to an invitation under section 292,

whichever occurs later,

(b) in the case of a request made by a requesting person under section 297, later than the expiration of the period within which submissions and observations are required to be made pursuant to a notice or an invitation under section 302,

(c) in the case of a request made by a person who made submissions or observations in respect of an application under section 291 pursuant to a notice under subsection (3) of that section, later than the expiration of the period referred to in clause (VI) of subparagraph (i) of paragraph (a) of that subsection,

(d) in the case of a request made by a person who made submissions or observations in respect of an application under section 291 pursuant to an invitation under section 292, later than the expiration of the period within which such submissions and observations are required to be made, and

(e) in the case of a request made by a person who made submissions or observations in respect of a request under section 297 pursuant to a notice or an invitation under section 302, later than the expiration of the period within which such submissions and observations are required to be made.

(5) Where the Board refuses a request made in accordance with this section, it shall, by notice in writing, inform the following persons thereof:

(a) in the case of a request made in respect of an application under section 291, the person who made that application and all persons who made submissions or observations in relation to that application in accordance with this Chapter; and

(b) in the case of a request made in respect of a request under section 297, the person who made the second-mentioned request and all persons who made submissions or observations in relation to the second-mentioned request in accordance with this Chapter.

(6) Where a request under this section is withdrawn by the person who made the request, the Board shall, by notice in writing, inform the following persons thereof:

(a) in the case of a request made by an applicant under section 291, all persons who made observations or submissions to the Board in relation to the application concerned in accordance with this Chapter;

(b) in the case of a request made by a requesting person under section 297, all persons who made observations or submissions to the Board in relation to the request under that section in accordance with this Chapter;

(c) in the case of a request made by a person who made submissions or observations in respect of an application under section 291, the person who made that application; and

(d) in the case of a request made by a person who made submissions or observations in respect of a request under section 297, the person who made the second-mentioned request.]

Annotations:

Amendments:

F1235

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