Planning and Development Act 2024

(c) The Commission shall, by notice given not later than one week from the receipt of an application under paragraph (a), require the planning authority concerned to submit to the Commission copies of such materials as may be prescribed, and the planning authority shall comply with such requirement within one week from the date of receiving the notice.

(d) The Commission shall grant leave to appeal the decision of the planning authority under section 98 only where an applicant under this subsection shows that—

(i) the development or proposed development in respect of which a decision to grant permission has been made differs or will differ materially from the development as set out in the application for permission by reason of conditions imposed by the planning authority to which the grant is subject, and

(ii) the imposition of such conditions will materially affect the applicant’s enjoyment of the land or reduce the value of the land.

(e) A decision to grant or refuse leave to appeal under this subsection shall be made within 4 weeks from the receipt of the application.

(f) The Commission shall notify the applicant and the planning authority of a decision to grant or refuse an application under this subsection within 3 days from the date the decision under paragraph (e) is made by the Commission.

(5) (a) An appeal under subsection (1) or (2), or an application for leave to appeal under subsection (4), must be made within the period of 4 weeks from the date of the decision of the planning authority.

(b) Where leave to appeal is granted under subsection (4), the appellant shall bring the appeal within 2 weeks from the receipt of the notification under paragraph (f).

(c) An appeal or an application for leave to appeal received by the Commission after the expiration of the period specified in paragraph (a) or (b) shall be invalid.

(6) A person who appeals a decision of a planning authority under section 98 to the Commission and who claims to be eligible to bring that appeal by virtue of paragraph (b) of subsection (2) shall include with the notice of appeal a statutory declaration under the Statutory Declarations Act 1938 that it is a company within the meaning of the Companies Act 2014—

(a) formed and registered not later than one year before the bringing of the appeal,

(b) whose constitution includes objects that relate to the promotion of environmental protection of relevance to the appeal,

(c) that has pursued those objects for a period of not less than one year before the bringing of the appeal,

(d) that has not less than 10 members at the time of the bringing of the appeal, and

(e) that has passed a resolution, in accordance with the constitution of the company, before the bringing of the appeal authorising the company to bring the appeal.

103. Bringing of appeal to Commission

103. (1) An appeal to the Commission under this Chapter shall be brought in such manner as may be prescribed.

(2) (a) An appeal under this section shall be accompanied by such fee as may be approved in accordance with section 381.

(b) An appeal under this section—

(i) shall be accompanied by such information and documentation as may be prescribed, and

(ii) may be accompanied by such other documents, particulars or information, relating to the appeal, as the appellant considers necessary or appropriate.

(3) (a) Save as otherwise permitted by this Act, an appellant shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of appeal stated in the appeal or to submit further grounds of appeal and any such elaboration, submissions or further grounds of appeal that is or are received by the Commission shall not be considered by it.

(b) Save as otherwise provided by this Act, the Commission shall not consider any documents, particulars or other information submitted by an appellant other than the documents, particulars or other information that accompanied the appeal.

(4) (a) Where, in relation to an appeal under this Chapter, there has been a failure to comply with paragraph (b) of subsection (2), the appeal shall be invalid, unless the Commission is satisfied that the lack of such compliance does not materially affect the ability of the Commission to—

(i) determine the appeal, or

(ii) carry out any appropriate assessment or environmental impact assessment in relation to the development or proposed development concerned.

(b) Where the Commission is satisfied, on appeal under this Chapter, that, in relation to the application to which the decision under appeal applies, there was a failure to comply with section 89 or 95, it shall declare the application to be invalid.

(5) Where the Commission determines at any time that the development the subject of the application to which the appeal relates is not standard development, the application shall be invalid and the Commission shall declare it to be invalid.

(6) An application for retention permission shall be invalid and the Commission shall declare it to be invalid where, on appeal under this section in relation to the development to which the application relates—

(a) the Commission makes a determination under section 212 or 214 that the likelihood of the development concerned (either individually or in combination with any plan or other project within the meaning of the Habitats Directive) having significant effects on a European site cannot be excluded, or

(b) the Commission makes a determination under section 229 or 232 that an environmental impact assessment is required.

(7) Where an appeal is brought under this section from a decision of the planning authority in relation to an application for permission for land-based development, the Commission may, before the expiration of such period as may be prescribed, carry out, or cause to be carried out, an inspection of the land on which the development or proposed development is situated or proposed to be situated.

(8) A person shall, before bringing an appeal under this section, comply with such public notice requirements as may be prescribed in relation to the bringing of such an appeal.

104. Adoption by Commission of determination of planning authority relating to screening for environmental impact assessment

104. The Commission may adopt a determination of the planning authority in respect of screening for environmental impact assessment under section 229 or 232 where the Commission has determined that such screening was carried out adequately by the planning authority.

105. Submissions to Commission on appeal

105. (1) The Commission shall, as soon as may be after the commencement of an appeal from a decision of a planning authority, notify the planning authority and each other party to the appeal of the appeal.

(2) Upon receipt of a notification under subsection (1), the planning authority shall within such period as may be prescribed—

(a) submit to the Commission copies of the materials prescribed under paragraph (c) of subsection (4) of section 102 unless already submitted,

(b) notify any person who made a submission in accordance with the requirements of this Act or the regulations, and

(c) enter particulars of the appeal in the register.

(3) Submissions in writing may be made to the Commission within such period as may be prescribed by—

(a) each party to the appeal other than the appellant, and

(b) any person who is not a party to the appeal.

106. Revisions to plans for development on appeal

106. (1) Subject to subsection (3), the appellant in an appeal to the Commission under this Part may, where he or she is the person who made the application for permission to which the appeal relates, include, with the notice of appeal, revised particulars, plans or drawings in relation to the development or proposed development concerned.

(2) Subject to subsection (3), the respondent in an appeal to the Commission under this Part may, where he or she is the person who made the application for permission to which the appeal relates, include, with any submissions in relation to the appeal, revised particulars, plans or drawings in relation to the development or proposed development concerned.

(3) Revised particulars, plans or drawings included with a notice of appeal referred to in subsection (1) or submissions referred to in subsection (2) shall—

(a) be clearly identified as having been included in accordance with this section,

(b) not contain a proposed alteration of the development or proposed development that would substantially alter the nature of the development or proposed development, and

(c) comply with such additional requirements as may be prescribed,

and revised particulars, plans or drawings included with such a notice in relation to which there has not been full compliance with this subsection shall be disregarded by the Commission when performing its functions in relation to the appeal.

(4) The opinion of the Commission on the question of whether or not revised particulars, plans, or drawings comply with paragraph (b) of subsection (3) shall be conclusive.

107. Procedural powers of Commission on appeal

107. (1) Without prejudice to paragraph (a) of subsection (2) of section 217 and subsection (4) or (5) of section 235 and before determining an appeal under this Chapter, the Commission may, in such manner and within such period as may be prescribed—

(a) request any party to the appeal or any person who made submissions on the appeal to submit further information to the Commission,

(b) request that the applicant for permission concerned submit revised particulars, plans or drawings in relation to the development, where the Commission is considering granting permission subject to the applicant complying with that request,

(c) request any person to make submissions in relation to any matter that has arisen in relation to the appeal, where in the opinion of the Commission it is appropriate to do so,

(d) require any party to the appeal to give public notice in relation to the appeal as the Commission may specify in accordance with the regulations, or

(e) hold an oral hearing in accordance with section 369 and 370.

(2) Where the Commission receives—

(a) further information pursuant to a request under paragraph (a) of subsection (1),

(b) revised particulars, plans or drawings pursuant to a request under paragraph (b) of subsection (1),

(c) submissions pursuant to a request under paragraph (c) of subsection (1), or

(d) any other information, documents or submissions under, or pursuant to a request or information under, any other provision of this Act,

that it considers contains or contain additional material information (including information in relation to the effects of the proposed development on a European site or otherwise on the environment), it shall—

(i) make that additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and

(ii) notify the applicant that he or she is required to give notice to the public, in such manner and within such period as may be prescribed—

(I) that the additional material information identified by the Commission is available for inspection,

(II) of the address of the place where the additional information may be inspected, and

(III) that the public are entitled to make submissions on the additional material information within such period as may be prescribed.

(3) (a) Where an appellant fails to comply with a request under paragraph (a) of subsection (1) within such period as may be prescribed then—

(i) if the appellant was the applicant for permission, the appeal shall be deemed to have been withdrawn, or

(ii) if the appellant was not the applicant for permission, the Commission shall proceed to determine the appeal.

(b) Where the planning authority or a person who made submissions in relation to the appeal fails to comply with a request under paragraph (a) of subsection (1) within such period as may be prescribed, the Commission may determine the appeal without further notice to the planning authority or that person.

(c) Where an applicant for permission fails to comply with a request under paragraph (b) of subsection (1) within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) continue to determine the appeal without further notice to the applicant.

(d) Where any person fails to comply with a request under paragraph (c) of subsection (1) within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) continue to determine the appeal without further notice to that person.

(e) Where an applicant for permission fails to comply with a request under paragraph (d) of subsection (1) or paragraph (ii) of subsection (2), or an appellant fails to comply with a request under paragraph (d) of subsection (1), within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) deem the application for permission or appeal, as appropriate, withdrawn.

108. Dismissal of appeals where vexatious, etc.

108. (1) The Commission may dismiss an appeal where, having considered the grounds of appeal or any other matter to which it may, by virtue of this Act, have regard for the purpose of dealing with or determining an appeal, it is of the opinion that the appeal—

(a) is vexatious, frivolous or without substance or foundation, or

(b) is brought for the purpose of—

(i) delaying the development or proposed development concerned, or

(ii) securing the payment of money, gifts, consideration or other inducement by any person.

(2) A decision under this section shall state the main reasons and considerations on which the decision is based.

(3) The Commission may hold an oral hearing in accordance with section 369 to determine whether or not an appeal is made for a purpose referred to in subparagraph (ii) of paragraph (b) of subsection (1).

109. Decision of Commission on appeal

109. (1) Where an appeal is brought against a decision of a planning authority and is not withdrawn, dismissed or deemed invalid, the Commission shall make a decision in relation to the application for permission concerned as if the application had been made to the Commission rather than the planning authority, and the decision of the Commission shall operate to annul the decision of the planning authority from the date of the decision of the planning authority.

(2) Subject to this Part and Part 6, the Commission may, upon an appeal referred to in subsection (1), decide to—

(a) grant the permission, subject to such conditions (if any) as may be imposed under section 87,

(b) grant the permission subject to—

(i) any modifications to the proposed development as it may specify, and

(ii) subject to such conditions (if any) as may be imposed under section 87,

(c) grant permission in respect of part of the proposed development subject to—

(i) any modifications to that part as it may specify, and

(ii) subject to such conditions (if any) as may be imposed under section 87,

or

(d) refuse to grant the permission.

(3) The Commission shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (2), attach the following conditions to a grant of permission under that subsection where the application for permission concerned is an application to which an opinion under section 94 applies:

(a) a condition requiring that each aspect of the proposed development concerned in respect of which confirmation has not yet been given to the planning authority—

(i) be limited to such proposed approaches as were included with the application for permission in accordance with the undertaking referred to in subparagraph (iv) of paragraph (a) of subsection (2) of section 93, or

(ii) fall within such range specified in the statement included with the application for permission in accordance with the undertaking referred to in the said subparagraph (iv),

and

(b) a condition requiring the applicant for permission to inform the planning authority in writing of particulars of the aspect of the proposed development concerned (that has not yet been confirmed) before—

(i) the date of the commencement of—

(I) the proposed development, or

(II) the part of the proposed development to which that aspect relates,

or

(ii) such earlier date as may be prescribed.

(4) When granting a permission under subsection (2), the Commission shall comply with subsection (2) of section 87 (where applicable).

(5) In deciding an appeal under this section the Commission may take into account matters that relate to proper planning and sustainable development or maritime spatial planning, other than those raised by the parties or by any person who made submissions to the Commission in relation to the appeal, provided that—

(a) the matters are matters to which, by virtue of this Act, the Commission is permitted to have regard, and

(b) the taking account of such matters is appropriate having regard to the circumstances.

(6) Where the Commission considers that the performance by it of functions under this section in relation to an appeal of a decision of a planning authority under this Chapter has the potential to have a significant effect on the functional area of another planning authority, it shall, before making a decision under this section in relation to that appeal, consult with, and have regard to the views expressed by, that other planning authority.

(7) The Commission shall not have power to grant permission, on appeal from a decision of a planning authority in relation to an application made by the appellant, that—

(a) is not substantially the same as the development or proposed development to which that decision relates, or

(b) in the case of an appeal that relates to part only of the development or proposed development to which that decision relates, is not substantially the same as that part.

(8) Particulars of a decision of the Commission under this section shall be entered in the register.

110. Decision of Commission in relation to development in contravention of certain plans

110. (1) Where an appeal under this Chapter relates to development, or proposed development—

(a) situated or proposed to be situated wholly or partly on land, and

(b) that materially contravenes, or would materially contravene, the development plan for the functional area of the planning authority concerned,

the Commission shall, subject to subsections (3) and (5) refuse permission for the development or proposed development under section 109.

(2) Where an appeal under this Chapter relates to development, or proposed development situated or proposed to be situated wholly or partly in the maritime area materially contravenes, or would materially contravene, the National Marine Planning Framework, the Commission shall, subject to subsections (4) and (5) refuse permission under section 109.

(3) The Commission may grant permission under section 109 for development or proposed development to which subsection (1) applies if it is satisfied that—

(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government,

(b) the development plan contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development concerned, or

(c) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Policies and Measures or regional spatial and economic strategy as deal with the matters dealt with by provisions of the development plan to which the material contravention concerned applies.

(4) The Commission may grant permission under section 109 for development or proposed development to which subsection (2) applies if it is satisfied that—

(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or

(b) the National Marine Planning Framework contains objectives that conflict with one another or are ambiguous with regard to their application to the development or proposed development.

(5) (a) Subject to paragraph (b), the Commission shall give public notice of an appeal to which this section applies and submissions may be made in respect of the material contravention in such form and manner, and within such period, as may be prescribed.

(b) The Commission shall not be required to give public notice of an appeal to which this section applies if—

(i) the material contravention concerned is one that was the subject of a motion for a material contravention resolution within the meaning of section 99, and

(ii) the planning authority complied with subsection (3) of that section in relation to the motion.

(c) The Commission shall—

(i) by notice in writing to each person who makes a submission in relation to an appeal to which this section applies, confirm receipt of that submission, and

(ii) have regard to—

(I) each such submission, and

(II) all submissions referred to in subsection (6),

before making a decision in relation to the appeal.

(d) The Commission shall not grant permission for development to which this section applies where it has not complied with this subsection.

(6) A planning authority whose decision is the subject of an appeal to which this section applies shall, after having complied with subsection (3) of section 99 in relation to the application for permission concerned, provide the Commission with copies of all submissions made to it in respect of the application.

111. Notification of decision in relation to appeal under this Chapter

111. (1) The Commission shall give notice of its decision under section 109 in accordance with this section and in such form and manner as may be prescribed.

(2) A notice under subsection (1) shall—

(a) state the main reasons and considerations on which the decision to which the notice relates is based,

(b) where conditions are imposed in relation to the grant of any permission, state the main reasons for the imposition of any such conditions,

(c) where permission is granted under section 109 in accordance with subsection (3) or (4) of section 110 state—

(i) the main reasons for the decision to grant such permission in accordance with section 110, and

(ii) the matters taken into consideration in making the decision in accordance with section 110,

and

(d) where the Commission grants permission upon an application that was accompanied by an environmental impact assessment report—

(i) state that the Commission is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made, and

(ii) include a summary of—

(I) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(II) the information collected for the purposes of the environmental impact assessment,

(III) submissions (if any) received from a Transboundary Convention state, and

(IV) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision.

(3) Where a decision by the Commission under section 109 does not follow a recommendation in a report of an inspector appointed to prepare a report for the purposes of the appeal, the statement under paragraph (a) of subsection (2) shall specify the main reasons for not following the recommendation.

(4) Where the Commission grants permission under section 109 in circumstances to which section 110 applies, it shall notify the planning authority concerned thereof and the planning authority shall enter details thereof in the register.

(5) The Commission shall, when giving notice of a decision under this section—

(a) publish (if it has not already done so) its determination in relation to any appropriate assessment carried out in relation to the development or proposed development to which the decision applies,

(b) comply (if it has not already done so) with—

(i) subsection (13) of section 219, where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies, or

(ii) paragraph (b) of subsection (8), and subsection (16), of section 221, where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies,

and

(c) comply (if it has not already done so) with subsection (8) of section 236, where an environmental impact assessment was carried out in relation to the development or proposed development to which the decision applies.

112. Appeals against conditions

112. (1) Where—

(a) an appeal to the Commission is brought against a decision of a planning authority to grant permission,

(b) the appeal relates only to a condition or conditions attached to the permission, and

(c) the Commission is satisfied, having regard to the nature of the condition or conditions, that the matter could be dealt with by the giving of directions to the planning authority rather than by the substitution of the decision of the Commission for that of the planning authority,

the Commission may give such directions (including directions requiring the replacement, amendment or removal of a condition or conditions to the permission or the attachment of one, or more than one, new condition to the permission), and the planning authority shall comply with such directions.

(2) The Commission may, in the performance of functions under subsection (1), have regard to any matter to which it is permitted to have regard when determining an appeal under section 109.

(3) A direction under subsection (1) may include a requirement that such party to the appeal as is specified in the direction give such notice of the appeal as the Commission may specify including—

(a) at the place where the development or proposed development concerned is or is proposed to be situated, and

(b) by publication in a newspaper.

(4) (a) Where a condition to which subsection (1) applies is a condition under paragraph (c) of subsection (6) of section 217, the Commission shall—

(i) have regard to the Natura impact statement prepared under section 215, and

(ii) only give such direction or directions as, when complied with, would not cause the determination under subsection (6) of section 217 that the development will not adversely affect the integrity of any European site to cease to be accurate.

(b) The Commission shall not give a direction under subsection (1) that, if complied with, would cause the determination under subsection (8) of section 229, that an environmental impact assessment was not required, to cease to be up to date (within the meaning of the Environmental Impact Assessment Directive).

(c) Where a condition to which subsection (1) applies is a condition under subsection (6) of section 236, the Commission shall—

(i) have regard to the environmental impact assessment report prepared under section 234 and the reasoned conclusion under section 236, and

(ii) not give a direction under subsection (1) that, if complied with, would cause the reasoned opinion to cease to be up to date (within the meaning of the Environmental Impact Assessment Directive).

113. Time limits for determination of appeal by Commission

113. (1) The Commission shall, before the expiration of the relevant period, make a decision under section 109 in relation to an appeal under this Chapter.

(2) Provision may be made by regulations for periods that shall be disregarded for the purposes of reckoning the relevant period.

(3) (a) Where the Commission fails, within the relevant period, to make a decision in relation to an appeal under this Chapter that has neither been withdrawn nor deemed to have been withdrawn, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed 4 weeks, or such longer period as may be agreed to by the applicant, from the date of the expiration of the relevant period),

and

(iii) publish a notice on its internet website of the reasons and period referred to in subparagraph (ii).

(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision on an appeal under this Chapter, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed 2 weeks from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on its internet website of—

(I) the reasons and period referred to in subparagraph (ii), and

(II) the sum paid to the applicant for permission in accordance with subparagraph (iv),

and

(iv) pay to the applicant for permission a sum equal to such proportion of the fees paid to the Commission as may be prescribed.

(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision on an appeal under this Chapter, it shall—

(i) determine the appeal notwithstanding that the period has expired,

(ii) notify the appellant and applicant for permission (where he or she is not the appellant) of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed one week from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on its internet website of the reasons and period referred to in subparagraph (ii), and

(iv) notify the Minister and the Office of the Planning Regulator that it has not made the decision within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b).

(d) The Minister may, upon his or her receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to—

(i) conduct a review of the performance by the Commission of its functions under this Act, and

(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review.

(4) Any sum payable under subsection (3) shall be paid not later than 4 weeks after the expiration of the relevant period applicable to the appeal.

(5) Each report under section 522 shall, in relation to the period to which the report relates—

(a) contain a statement of—

(i) the number of appeals (other than LRD appeals) that the Commission has decided under section 109, and

(ii) the number of such appeals so decided within—

(I) the relevant period,

(II) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (3),

(III) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (3), and

(IV) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (3),

(b) contain a statement of—

(i) the number of LRD appeals that the Commission has decided under section 109, and

(ii) the number of such appeals so decided within—

(I) the relevant period,

(II) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (3),

(III) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (3), and

(IV) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (3),

(c) contain a statement of—

(i) the number, and the aggregate amount, of all sums (if any) payable, and the number, and the aggregate amount, of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (3), and

(ii) the details of each notification under subsection (3),

and

(d) contain such other information as to the time taken to decide such appeals as the Minister may direct.

(6) The Minister may give a direction to the Commission requiring the Commission to give priority to the making of decisions under section 109 in relation to appeals of such class or classes as is specified in the direction, if he or she considers that, by reason of the strategic, economic or social importance to the State of the class or classes concerned, it is necessary or expedient that decisions under that section in relation to such appeals be made as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development.

(7) In this section “relevant period” means—

(a) in relation to an appeal under this Chapter in respect of which neither an appropriate assessment nor an environmental impact assessment is required under Part 6—

(i) 18 weeks from the date of the expiration of the period within which a person is required to bring an appeal in accordance with subsection (5) of section 102,

(ii) where the Commission makes a request under paragraph (a), (b) or (c) of subsection (1) of section 107, 6 weeks from the earlier of the following dates:

(I) the date by which the request or requests, as the case may be, is or are fully complied with;

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

or

(iii) where subsection (2) of section 107 applies, 6 weeks from the date of the expiration of the period prescribed under paragraph (a) of that subsection,

(b) in relation to an appeal under this Chapter in respect of which an appropriate assessment or an environmental impact assessment is required under Part 6—

(i) 26 weeks from—

(I) the date of the expiration of the period within which a person is required to bring an appeal in accordance with subsection (5) of section 102, or

(II) by which all submissions are required to have been given to the Commission in accordance with this Chapter and Part 6 in relation to the proposed development,

whichever occurs later,

(ii) where the Commission makes a request or more than one request for further information under paragraph (a), (b) or (c) of subsection (1) of section 107, paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the appeal, 10 weeks from the earlier of the following dates:

(I) the date by which the request or requests, as the case may be, is or are fully complied with;

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

or

(iii) where subsection (2) of section 107 applies, 10 weeks from the date of the expiration of the period prescribed under paragraph (a) of that subsection,

(c) in relation to an appeal under this Chapter in respect of which an oral hearing is held under subsection (1) of section 107, 12 weeks from the date of the conclusion of the oral hearing, or

(d) where more than one of the foregoing provisions of this subsection applies, the period specified in those provisions that expires last.

Chapter 4

114. Definitions

114. In this Chapter—

“appropriate planning authority” means—

(a) where an application relates to land-based development, the planning authority or authorities within whose functional area or functional areas it is proposed that the development or any part of the development will be carried out,

(b) where an application relates to maritime development, the planning authority or authorities—

(i) within whose functional area or functional areas it is proposed that the development or any part of the development will be carried out, or

(ii) whose functional area adjoins or whose functional areas adjoin a maritime site within which it is proposed to carry out the development or any part of the development,

or

(c) where an application relates to development that is partly land-based development and partly maritime development, the planning authorities specified at both paragraphs (a) and (b);

“prospective applicant” has the meaning assigned to it by subsection (1) of section 116.

115. General

115. (1) The Minister may for the purposes of this Part prescribe—

(a) exceptions from any of the classes of development referred to in paragraph (b) of the definition of “Chapter 4 development” in section 82, or

(b) limitations, in respect of any of those classes of development, on the extent to which development constitutes Chapter 4 development.

(2) Where this Chapter applies to part only of a development, an application for permission for the entire development shall be made to the Commission under this Chapter.

(3) Where a statutory undertaker proposes to carry out works for the maintenance or improvement of existing infrastructure, being works which would constitute Chapter 4 development, the statutory undertaker may, instead of applying under this Chapter for permission for the works, apply for permission under Chapter 3, and where such an application is made, the works are to be treated for the purposes of this Part as if they did not constitute Chapter 4 development but instead constituted standard development.

(4) Any obligation under this Chapter—

(a) on an applicant for permission, a prospective applicant or the Commission, to provide notice to the appropriate planning authority, or

(b) on the appropriate planning authority, to provide any report or other information to the Commission,

shall not apply in either of the cases mentioned in subsection (5).

(5) Those cases are where—

(a) the applicant for permission is a local authority or two or more local authorities acting jointly and the permission sought relates to proposed development within the functional area of that local authority or any of those local authorities, or

(b) the application for permission relates to proposed development that is wholly in the outer maritime area and the maritime site does not adjoin the nearshore area of any planning authority.

116. Pre-application consultation

116. (1) (a) A person (in this Chapter referred to as a “prospective applicant”) who intends, and is eligible, to apply for permission for Chapter 4 State authority emergency development may, prior to the making of an application for such permission, request a consultation with the Commission under this section.

(b) A person (in this Chapter also referred to as a “prospective applicant”) who is of a class prescribed by the Minister may request a consultation with the Commission under this section.

(c) A person (in this Chapter also referred to as a “prospective applicant”) who intends, and is eligible to apply, for permission for Chapter 4 development (other than Chapter 4 State authority emergency development) shall, prior to the making of the application concerned, request a consultation with the Commission under this section.

(2) A request for a consultation under this section shall be accompanied by—

(a) sufficient information to allow the Commission to carry out its functions under this section, and

(b) such documents or information as may be prescribed.

(3) Where a request for a consultation under this section is made by a prospective applicant, and is accompanied by the required documentation and information in accordance with subsection (2), the Commission shall, as expeditiously as is practicable—

(a) subject to subsection (4) of section 115, notify the appropriate planning authority of the request, and

(b) subject to subsection (6), enter into and carry out consultations under this section.

(4) Subject to paragraph (b) of subsection (6), in any consultation under this section, the Commission—

(a) shall advise the prospective applicant as to the procedures that apply in relation to the consideration of an application for permission under this Chapter, including—

(i) the plans, particulars or other information the Commission will require for the purposes of considering the application,

(ii) the time periods and sequencing that will apply in relation to consideration and determination of the application,

(iii) any other matters in relation to the application process as the Commission considers appropriate, and

(iv) such other matters as may be prescribed,

(b) may advise the prospective applicant regarding—

(i) the considerations that may, in the opinion of the Commission, have a bearing on its decision in relation to any application for permission under this Chapter, related to—

(I) proper planning and sustainable development,

(II) the impact of the development on the environment or any European site,

(III) where the proposed development is or includes land-based development, the relevant objectives of the development plan and any urban area plan, priority area plan or coordinated area plan that are likely to have a bearing on the decision of the Commission, and

(IV) where the proposed development is or includes maritime development, the National Marine Planning Framework and the objectives of maritime spatial planning,

(ii) the need (if any) for the prospective applicant to create an internet website for the purpose of publishing the application and documentation accompanying the application,

(iii) the requirements as to the public notice prescribed under section 120 to be complied with by the prospective applicant prior to making an application under that section, the persons to whom documentation must be furnished and the making of submissions in relation to the application,

(iv) the notification of prescribed bodies,

(v) the fees payable with respect to consultation under this section, and

(vi) such other matters as may be prescribed,

and

(c) may require the prospective applicant to give notice to the public or to carry out consultations with the public in advance of an application under section 120 being submitted, in addition to the public notice to be provided in accordance with subsection (1) of that section, including by the erection or fixing of a site notice on the land or structure to which the proposed development relates in accordance with the requirements of the regulations.

(5) The Commission—

(a) must consult with such persons as may be prescribed, and

(b) may consult with any other person who may, in the opinion of the Commission, have information which is relevant for the purposes of consultations under this section in relation to a proposed development.

(6) Where, on receipt of a request for a consultation under this section, or following consultation under this section, the Commission forms the opinion that the proposed development would not, if carried out, constitute Chapter 4 development—

(a) it shall notify the prospective applicant—

(i) that an application for permission for the proposed development may not be made to the Commission under this Chapter, and

(ii) of the Chapter (if any) of this Part under which an application for permission for the proposed development may be made,

and

(b) it shall not proceed further with any consultations under this section.

(7) Where, following consultations under this section the Commission forms the opinion that the proposed development would, if carried out, constitute Chapter 4 development, it shall notify the prospective applicant that the proposed application should be made to the Commission under this Chapter (in this Part referred to as a “Chapter 4 PAC notification”).

(8) Subject to subsection (4) of section 115, the Commission shall give a copy of a notice under subsection (6) or (7), as the case may be, to the appropriate planning authority.

(9) The Commission may, at any time, conclude a consultation under this section where it considers it appropriate to do so.

(10) Where a person is served with a notice under paragraph (a) of subsection (4) of section 37B of the Act of 2000 but does not make an application under section 37E of that Act before the repeal of the said section 37E by section 6, the notice shall be deemed to be a Chapter 4 PAC notification.

117. Requirement to enter into pre-application consultation prior to making application under Chapter

117. (1) A prospective applicant shall not make an application for permission for Chapter 4 development under this Chapter unless—

(a) the prospective applicant has been given a Chapter 4 PAC notification in relation to the proposed development, or

(b) the prospective applicant makes the application with the consent in writing of a person who has been given a Chapter 4 PAC notification in relation to the proposed development.

(2) Subsection (1) does not apply to an application for permission for Chapter 4 State authority emergency development.

(3) In this section “proposed development” means, in relation to a Chapter 4 PAC notification, development that is—

(a) the subject matter of the Chapter 4 PAC notification, or

(b) not materially different from the development that is the subject matter of the Chapter 4 PAC notification.

118. Request for meeting where certain aspects of proposed development not confirmed

118. (1) Where a prospective applicant proposes to make an application for permission for development under this Chapter but not all aspects of the development are likely to be confirmed by the date of the application, he or she may, before making the application, request a meeting with the Commission.

(2) (a) A request under subsection (1) shall—

(i) be in writing,

(ii) include a description of—

(I) the aspects, or aspects falling within a specified category, of the proposed development that are not likely to be confirmed by the time the application is made, and

(II) the circumstances that would justify the making of the application before the confirmation of those aspects,

(iii) include such other information as may be prescribed,

(iv) be accompanied by an undertaking in writing given by the prospective applicant that, in relation to each aspect or category referred to in clause (I) of subparagraph (ii), he or she will include with any such application—

(I) a description of not less than 2 proposed approaches, or

(II) a statement of the range within which each such aspect or category (being an aspect or category in respect of which the prospective applicant has elected not to comply with clause (I)) falls,

and

(v) be accompanied by such fee as may be approved in accordance with section 381.

(b) Without prejudice to the generality of clause (II) of subparagraph (ii) of paragraph (a), circumstances referred to in that clause may include—

(i) the unavailability, at the time that the prospective applicant intends to make the application, of technology that is likely to become available before the commencement of the part of the proposed development to which the aspect concerned relates, and

(ii) circumstances relating to any particular class of development as may be prescribed.

(3) The Commission may, before a meeting under this section takes place, consult with any person who may, in the opinion of the Commission, have information that is relevant to the subject matter of the meeting, and the Commission shall prepare a record in writing of the consultation and keep that record with the documentation relating to any subsequent application for permission for the proposed development concerned.

(4) The Commission shall, upon receiving a request under subsection (1), convene a meeting with the prospective applicant which shall take place not later than 4 weeks from the date on which the request was received by the Commission.

(5) The following persons shall be permitted to attend a meeting convened under this section:

(a) the Commission;

(b) the prospective applicant;

(c) any person or persons nominated by the prospective applicant for the purpose of advising or representing him or her at the meeting.

(6) The Commission shall ensure that such members of staff of the Commission as attend the meeting have a sufficient knowledge and expertise in relation to the matters to which the meeting relates.

(7) Where a meeting referred to in subsection (4) does not take place within the period specified in that subsection, the Commission shall—

(a) convene such meeting as soon as practicable thereafter, and

(b) provide the prospective applicant with an explanation in writing of the reason for the failure to convene a meeting within that period.

(8) The Commission shall keep—

(a) a request under this section,

(b) all documents included with or accompanying that request in accordance with subsection (2), and

(c) a record in writing of a meeting convened under subsection (4),

with the documentation relating to any subsequent application for permission for the proposed development concerned.

(9) A request, document or record kept in accordance with subsection (8) shall be published and made available to the public, in such manner as may be prescribed, not later than 3 days from the day on which the Commission receives an application for permission for the proposed development concerned.

(10) A failure by the Commission to comply with subsection (4) within the time period specified therein shall not invalidate any act done by the Commission in relation to an application or proposed application for permission for Chapter 4 development.

119. Opinion with regard to making of application where certain aspects of proposed development not confirmed

119. (1) The Commission shall, not later than 4 weeks from the date on which the meeting convened under subsection (4) of section 118 takes place, consider the description and information included in the request under that section, the undertaking that accompanied that request and any information provided at the meeting and—

(a) if the Commission is satisfied that it would be appropriate for the application referred to in subsection (1) of that section to be made before the confirmation of all aspects of the proposed development concerned, it shall provide the prospective applicant with an opinion to that effect, or

(b) if the Commission is not so satisfied, it shall notify the prospective applicant thereof in writing.

(2) An opinion under paragraph (a) of subsection (1) shall specify—

(a) the aspects of the proposed development that may be confirmed after the making of the application,

(b) the circumstances relating to the proposed development that justify the making of the application before the confirmation of those aspects, and

(c) that the application shall, in addition to any other requirement imposed by or under this Act, include the description or statement referred to in the undertaking given in accordance with subparagraph (iv) of paragraph (a) of subsection (2) of section 118.

(3) An opinion under paragraph (a) of subsection (1) shall not be published unless and until an application for permission for the proposed development concerned is made in accordance with this Chapter.

(4) Where the Commission fails to comply with subsection (1) within the period specified therein, the Commission shall—

(a) perform the functions under that subsection as soon as practicable thereafter, and

(b) provide the prospective applicant with an explanation in writing of the reason for the failure.

(5) A failure by the Commission to comply with subsection (1) within the time period specified therein shall not invalidate any act done by the Commission in relation to an application or proposed application for permission for Chapter 4 development.

(6) An opinion under subsection (2) of section 37CD or subsection (2) of section 287B of the Act of 2000 shall operate as if it were an opinion under paragraph (a) of subsection (1).

(7) A notification under subsection (3) of section 37CD or subsection (3) of section 287B of the Act of 2000 shall operate as if it were a notification under paragraph (b) of subsection (1).

120. Making of application to Commission

120. (1) Prior to making an application for permission for Chapter 4 development, a prospective applicant shall, in addition to complying with subsection (3) of section 234, comply with such requirements as to public notice as may be prescribed.

(2) Applications for permission for Chapter 4 development shall—

(a) be in such form, and be accompanied by such documents, as may be prescribed, and

(b) shall be accompanied by such fee as may be payable in respect of the application in accordance with section 381.

(3) On the date on which an application for permission for Chapter 4 development is made, the applicant shall comply with such requirements as to the sending of copies of the application and other associated documents as may be prescribed to such persons or classes of person as may be prescribed.

(4) Within such period as may be prescribed after the receipt of an application under this section by the Commission, the Commission shall, if it is satisfied that the application was made in accordance with this section, by notice in writing to the applicant—

(a) acknowledge receipt of the application, and

(b) confirm the date of receipt of the application.

(5) Subject to subsection (7), an application that is not in accordance with this section shall be invalid.

(6) Following receipt by the Commission of an application for permission for Chapter 4 development that is land-based development, the Commission shall, before the expiration of such period as may be prescribed, cause an inspection to be carried out of the land on which it is proposed to carry out the development concerned.

(7) Where the Commission determines, following the carrying out of an inspection under subsection (6), or at any other time after the acknowledgment of receipt of an application under paragraph (a) of subsection (4), that the application was not made in accordance with this section—

(a) if it is satisfied that the failure to make the application in accordance with this section—

(i) has not resulted in any failure to comply with any requirement under this Act to give public notice of the application, and

(ii) has not otherwise materially affected the ability of the Commission to determine the application, or carry out any appropriate assessment or environmental impact assessment in relation to the application,

it shall treat the application as valid, or

(b) if it is not satisfied with regard to the matters referred to in subparagraphs (i) and (ii) of paragraph (a) it shall treat the application as invalid and declare it to be so.

(8) Particulars of every application under this section shall be entered in the register.

121. Report and information to be furnished by appropriate planning authority

121. (1) Subject to subsection (4) of section 115, where the appropriate planning authority receives a copy of an application for permission for Chapter 4 development, the planning authority shall prepare and submit to the Commission a report setting out the views of the planning authority in relation to the proposed development, having regard in particular to the matters specified in section 86.

(2) Where the application is for retrospective consent, the report under subsection (1) shall include the following:

(a) information relating to development (including development other than the development which is the subject of the application) carried out on the site where the development that is the subject of the application took place or is proposed to take place, and any application for permission made in relation to the site and the outcome of the application;

(b) information relating to any warning letter, enforcement notice (within the meaning of Part 11) or proceedings relating to offences under this Act that relate to the applicant;

(c) where the proposed development is or includes land-based development, information regarding the relevant provisions of the development plan and any urban area plan, priority area plan or coordinated area plan as they affect the site and the type of development concerned;

(d) where the proposed development is or includes maritime development, information regarding the relevant provisions of the National Maritime Planning Framework as they affect the site and the type of development concerned;

(e) any information that the planning authority may have concerning—

(i) current, anticipated or previous significant effects on the environment, or on a European site associated with the development that is the subject of the application or the site where the development took place or is proposed to take place and, if relevant, the area surrounding or near the development or site, or

(ii) any remedial measures recommended or undertaken;

(f) the opinion, including reasons therefor, of the chief executive of the planning authority as to—

(i) whether or not permission should be granted for the development, and

(ii) the conditions, if any, that should be attached to any grant of permission.

(3) The chief executive of the appropriate planning authority shall, before any report of the planning authority in relation to a proposed development is submitted to the Commission under subsection (1), submit the report to the members of the planning authority and seek the views of the members on the proposed development.

(4) (a) The members of the appropriate planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the planning authority.

(b) Where the members pass a resolution under paragraph (a) the recommendations specified in that resolution (together with the meetings administrator’s record) shall be attached to the report submitted to the Commission under subsection (1).

(c) In this subsection “the meetings administrator’s record” means a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001) of the views expressed by the members on the proposed development.

(5) Subject to subsection (4) of section 115, in addition to the report referred to in subsection (1), the Commission may, where it considers it necessary to do so, require the appropriate planning authority or any planning authority on whose functional area the proposed development would have a significant effect to furnish to the Commission such information as it may specify in relation to—

(a) the implications of the proposed development for proper planning and sustainable development in the functional area concerned,

(b) the likely effects of the proposed development on the environment, or

(c) where the proposed development is or includes maritime development, the implications of the proposed development for maritime spatial planning.

122. Procedural powers of Commission

122. (1) Any person may, upon payment of such fee as is payable in accordance with section 381, make a submission in writing to the Commission in relation to an application for permission for Chapter 4 development.

(2) A submission under subsection (1) shall be made in such manner and within such period as may be prescribed.

(3) Without prejudice to paragraph (a) of subsection (2) of section 217 and before determining an application for permission for Chapter 4 development the Commission may, in such manner and within such period as may be prescribed—

(a) request that the applicant submit further information to the Commission, where in the opinion of the Commission that information is necessary to enable it to determine the application,

(b) request that the applicant submit revised particulars, plans or drawings in relation to the development, where the Commission is considering granting permission subject to the applicant complying with that request,

(c) request that further submissions be made to it, within such period as may be prescribed, by the applicant, any person who made submissions, or any other person who may, in the opinion of the Commission, have information which is relevant to the determination of the application,

(d) where the application relates to proposed development which comprises or is for the purposes of an activity for which—

(i) an industrial emissions licence,

(ii) an integrated pollution control licence,

(iii) a waste licence,

(iv) a waste water discharge licence, or

(v) an abstraction licence,

is required, request the Environmental Protection Agency to make submissions in relation to the proposed development,

(e) without prejudice to subsection (6), notify any person or the public that information relating to the application is available for inspection and, if it considers appropriate, invite further submissions to be made to it within such period as it may specify,

(f) hold meetings with the applicant or any other person where it appears to the Commission to be necessary or expedient to do so for the purpose of—

(i) determining the application, or

(ii) resolving any issue with the application or any disagreement between the applicant and any other person, including resolving any issue or disagreement in advance of an oral hearing,

or

(g) hold an oral hearing in accordance with sections 369 and 370.

(4) Where the Commission holds a meeting in accordance with paragraph (f) of subsection (3), it shall keep a written record of the meeting.

(5) The Commission, or an employee of the Commission duly authorised by the Commission, may appoint a person to hold a meeting referred to in paragraph (f) of subsection (3).

(6) Where the Commission receives—

(a) a submission under subsection (1) or pursuant to a request under paragraph (c) or (d) of subsection (3),

(b) further information or revised particulars, plans or drawings pursuant to a request under subsection (3), or

(c) submissions or further information under any other provision of this Act or regulations under this Act or pursuant to a request under any such provision,

that it considers contain or contains additional material information (including information in relation to the effect of the proposed development on a European site or otherwise on the environment), it shall—

(i) make that additional material information available to the public for inspection (to the extent that such information is not already available to the public) in such manner and within such period as may be prescribed, and

(ii) notify the applicant that the applicant is required to give notice (in such manner and within such period as may be prescribed) to the public—

(I) that the additional material information is available for inspection,

(II) of the address of the place where the additional information may be inspected, and

(III) that the public are entitled to make submissions in relation to the additional material information within such period as may be prescribed.

(7) (a) Where an applicant for permission fails to comply with a request under paragraph (a) of subsection (3) within such period as may be prescribed, the Commission may treat the application for permission as having been withdrawn.

(b) Where an applicant for permission fails to comply with a request under paragraph (b) or (c) of subsection (3) within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) continue to determine the application without further notice to the applicant.

(c) Where an applicant for permission fails to comply with a requirement referred to in paragraph (b) of subsection (6) within such period as may be prescribed, the Commission may—

(i) extend that period, where it considers it appropriate to do so, or

(ii) treat the application for permission as having been withdrawn.

123. Decision of Commission

123. (1) Subject to this Part and Part 6, the Commission may, in respect of an application for permission for Chapter 4 development, decide to—

(a) grant the permission, subject to such conditions (if any) as it may decide to attach under section 87,

(b) grant the permission, subject to—

(i) such modifications to the development or proposed development as it may specify, and

(ii) such conditions (if any) as it may decide to attach under section 87,

(c) grant permission in respect of part of the development or proposed development, subject to—

(i) such modifications to that part as it may specify, and

(ii) such conditions (if any) as it may decide to attach under section 87,

or

(d) refuse to grant the permission.

(2) The Commission shall, in addition to any conditions that it may decide to attach to a grant of permission in accordance with subsection (1), attach the following conditions to a grant of permission for Chapter 4 development where the application for permission concerned is an application to which an opinion under section 119 applies:

(a) a condition requiring that each aspect of the proposed development concerned in respect of which confirmation has not yet been given to the Commission—

(i) be limited to such proposed approaches as were included with the application for permission in accordance with the undertaking referred to in subparagraph (iv) of paragraph (a) of subsection (2) of section 118, or

(ii) fall within such range specified in the statement included with the application for permission in accordance with the undertaking referred to in the said subparagraph (iv),

and

(b) a condition requiring the applicant for permission to inform the appropriate planning authority in writing of particulars of the aspect of the proposed development concerned (that has not yet been confirmed) before—

(i) the date of the commencement of the part of the proposed development to which that aspect relates, or

(ii) such earlier date as may be prescribed.

(3) When making its decision in relation to an application for permission for Chapter 4 development, the Commission may consider any relevant information before it or any other matter to which, by virtue of this Act, it can have regard.

(4) Where an application for permission for Chapter 4 development relates to proposed development that consists, or is for the purpose, of an activity for which—

(a) an industrial emissions licence,

(b) an integrated pollution control licence,

(c) a waste licence,

(d) a waste water discharge licence, or

(e) an abstraction licence,

is required (whether or not such licence or authorisation has been granted), the Commission may decide to refuse to grant the permission if it is satisfied that the proposed development would not be consistent with objectives of maritime spatial planning or principles of proper planning and sustainable development.

(5) Where an application for permission for Chapter 4 development relates to proposed development that consists, or is for the purposes, of an activity for which—

(a) an industrial emissions licence,

(b) an integrated pollution control licence,

(c) a waste licence,

(d) a waste water discharge licence, or

(e) an abstraction licence,

is required, the Commission may, in respect of that development, decide to refuse to grant the permission where the Commission considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development would be situated.

124. Decision on application for permission for development in material contravention of certain plans

124. (1) (a) Where an application for permission is made under this Chapter for development or proposed development that—

(i) is situated or proposed to be situated wholly or partly on land, and

(ii) materially contravenes, or would materially contravene, the development plan for the functional area of any planning authority,

the Commission shall, subject to subsection (2), refuse to grant permission under section 123.

(b) Where an application for permission is made under this Chapter for development or proposed development that—

(i) is situated or proposed to be situated wholly or partly in the maritime area, and

(ii) that materially contravenes, or would materially contravene, the National Marine Planning Framework or maritime spatial plan,

the Commission shall, subject to subsection (3), refuse to grant permission under section 123.

(2) The Commission may grant permission for development referred to in paragraph (a) of subsection (1), if it is satisfied that—

(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government,

(b) the development plan contains objectives that conflict with one another or that are ambiguous with regard to their application to the development or proposed development, or

(c) the development or proposed development is consistent with such provisions of the National Planning Framework, National Planning Statement or the relevant regional spatial and economic strategy as deal with the matter dealt with by provisions of the development plan to which the material contravention concerned applies.

(3) The Commission may grant permission for development referred to in paragraph (b) of subsection (1), if it is satisfied that—

(a) the development or proposed development is of strategic or national importance having regard to the policy of the Government, or

(b) the National Marine Planning Framework contains objectives that conflict with one another or that are ambiguous with regard to their application to the development or proposed development.

125. Notification of decisions of Commission under Chapter

125. (1) The Commission shall give notice of its decision under section 123 in such form and manner as may be prescribed.

(2) (a) A decision made under section 123 and the notice of the decision under this section shall—

(i) state the main reasons for the decision and the main considerations on which the decision is based,

(ii) where conditions are attached to the grant of any permission, state the main reasons for the attachment of any such conditions,

(iii) where the Commission decides to grant a permission in accordance with subsection (2) or (3) of section 124, state the main reasons for deciding to grant permission for development that materially contravenes the development plan or, as the case may be, the National Marine Planning Framework and the main considerations on which the decision is based,

(iv) where the Commission decides to grant permission in respect of an application for permission that was accompanied by an environmental impact assessment report—

(I) state that the Commission is satisfied that the reasoned conclusion under section 236 was up to date on the day that the decision to grant permission was made, and

(II) include a summary of—

(A) the outcome of any consultations that took place for the purposes of the environmental impact assessment,

(B) the information collected for the purposes of the environmental impact assessment,

(C) submissions (if any) received from a state party to the Transboundary Convention, and

(D) the manner in which that outcome, that information and any such submissions were taken account of in the making of the decision,

and

(v) specify any sum required to be paid by the applicant for permission under section 127.

(b) Where a decision made under section 123 does not follow any recommendation in a report of an inspector assigned to report on the application concerned, the notice under paragraph (a) shall state the main reasons for not following the recommendation in the report.

(3) The requirements of this section are without prejudice to any notification requirements under Part 6.

(4) A grant of permission shall be made as soon as may be after the making of the relevant decision under section 123.

(5) Particulars of the decision of the Commission under section 123 shall be entered in the register.

(6) Where the requirements of subsection (2) or (3) of section 124 in regard to the material contravention of a development plan have been complied with, the Commission shall notify the appropriate planning authority of that fact and a statement of that fact shall be entered in the register.

(7) The Commission shall, when giving notice of a decision under this section—

(a) publish (if it has not already done so) its determination in relation to any appropriate assessment carried out in relation to the development or proposed development to which the decision applies,

(b) comply (if it has not already done so) with subsection (13) of section 219 where the Minister issued a notice under subsection (10) or (11) of that section in relation to the development or proposed development to which the decision applies,

(c) comply (if it has not already done so) with paragraph (b) of subsection (8), and subsection (16), of section 221, where the Minister issued a notice under subsection (12), (13), (14) or (15) of that section in relation to the development or proposed development to which the decision applies, and

(d) comply (if it has not already done so) with subsection (8) of section 236 where an environmental impact assessment was carried out in relation to the development or proposed development to which the decision applies.

126. Time limit for decision of Commission

126. (1) The Commission may, at any time after the latest date specified in any notice or invitation to make submissions with respect to the application under any provision of this Act or the regulations, make a decision under section 123 on the application.

(2) The Commission shall make a decision under section 123 in relation to an application for permission for Chapter 4 development before the expiration of—

(a) the relevant period, or

(b) such longer period from the date of the application as the applicant may consent to in accordance with subsection (3).

(3) Where, prior to the making of an application for permission for Chapter 4 development, or within the relevant period, the applicant gives to the Commission the applicant’s consent in writing to the extension of the relevant period—

(a) the period for making a decision under section 123 in relation to the application shall be extended for the period consented to by the applicant, and

(b) the Commission shall publish a notice on its website stating the period as extended and the reasons for the extension of the period.

(4) Provision may be made by regulations for time periods that are to be disregarded in reckoning any period of time for the purpose of subsection (2).

(5) (a) Where the Commission fails to make a decision under section 123 in relation to an application for permission for Chapter 4 development within the relevant period, or such further period as is consented to under subsection (3), it shall—

(i) determine the application notwithstanding that the period has expired,

(ii) notify the applicant of—

(I) the reasons why it has not made a decision within that period,

(II) the period within which it will make a decision (which shall not exceed 6 weeks, or such longer period as the applicant may consent to in accordance with subsection (3), from the date of the expiration of the relevant period),

and

(iii) publish a notice on an internet website maintained by or on behalf of the Commission of the reasons and period referred to in subparagraph (ii).

(b) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (a), to make a decision in relation to an application for permission for Chapter 4 development, it shall—

(i) determine the application notwithstanding that the period has expired,

(ii) notify the applicant of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed 6 weeks from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on an internet website maintained by or on behalf of the Commission of—

(I) the reasons and period referred to in subparagraph (ii), and

(II) the sum paid to the applicant in accordance with subparagraph (iv),

and

(iv) pay to the applicant a sum equal to such proportion of the fees paid to the Commission as may be prescribed.

(c) Where the Commission fails, within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b), to make a decision on an application for permission for Chapter 4 development, it shall—

(i) determine the application notwithstanding that the period has expired,

(ii) notify the applicant of—

(I) the reasons why it has not made a decision within that period, and

(II) the period within which it will make that decision (which shall not exceed one week from the date of the expiration of the period first mentioned in this paragraph),

(iii) publish a notice on an internet website maintained by or on behalf of the Commission of the reasons and period referred to in subparagraph (ii), and

(iv) notify the Minister and the Office of the Planning Regulator that it has not made the decision within the period specified in the notification under clause (II) of subparagraph (ii) of paragraph (b).

(d) The Minister may, upon receiving a notification under subparagraph (iv) of paragraph (c), request the Office of the Planning Regulator to—

(i) conduct a review of the performance by the Commission of its functions under this Act, and

(ii) prepare, and submit to the Minister (within such period as the Minister shall specify), a report in relation to that review.

(6) Any sum payable under this section shall be paid not later than 4 weeks after the expiration of the relevant period applicable to the application.

(7) A failure by the Commission, in making a decision under section 123 in relation to an application, to comply with a time period specified in this section shall not invalidate the decision.

(8) Where the Minister considers it necessary or expedient that decisions under section 123, in relation to applications of a particular class or classes, be determined as expeditiously as is consistent with objectives of maritime spatial planning and principles of proper planning and sustainable development, by reason of their being of special strategic, economic or social importance to the State, he or she may give a direction to the Commission to give priority to the making of such decisions, and the Commission shall comply with any such direction.

(9) Each report made under section 522 shall—

(a) contain a statement of—

(i) the number of applications for permission for Chapter 4 development in relation to which the Commission has made a decision under section 123, and

(ii) the number of those decisions which were made within—

(I) the relevant period,

(II) the period between the end of the relevant period and the end of any extended period under subsection (3),

(III) a period notified in accordance with subparagraph (ii) of paragraph (a) of subsection (5),

(IV) a period notified in accordance with subparagraph (ii) of paragraph (b) of subsection (5),

(V) a period notified in accordance with subparagraph (ii) of paragraph (c) of subsection (5),

during the period to which the report relates,

(b) contain a statement of—

(i) the number and the aggregate amount of all sums (if any) payable, and the number and the aggregate amount of all such sums paid, by the Commission in accordance with subparagraph (iv) of paragraph (b) of subsection (5), and

(ii) the number of notifications under subsection (5),

and

(c) such other information as to the time within which decisions are made by the Commission under section 123 as the Minister may direct.

(10) In this section “relevant period” means—

(a) in relation to an application for permission for Chapter 4 local authority development or Chapter 4 state authority development—

(i) 26 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6,

(ii) where the Commission makes a request or more than one request for further information under subsection (3) of section 122, paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 12 weeks from the earlier of the following dates—

(I) the date by which the request or requests, as the case may be, is or are fully complied with,

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where subsection (6) of section 122 applies, 12 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection, or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

(b) in relation to an application for permission for Chapter 4 maritime development situated in the nearshore areas of more than one coastal planning authority—

(i) 18 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6,

(ii) where the Commission makes a request or more than one request for further information under subsection (3) of section 122, paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 6 weeks from the earlier of the following dates—

(I) the date by which the request or requests, as the case may be, is or are fully complied with,

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

(iii) where the Commission makes one or more than one such request and subsection (6) of section 122 applies to the request or requests concerned, 6 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection in relation to the request or requests concerned, or

(iv) where more than one of the foregoing subparagraphs applies, the period specified in those subparagraphs that expires last,

(c) in relation to an application for permission for any other Chapter 4 development—

(i) 48 weeks from the date by which all submissions in relation to the proposed development are required to be given to the Commission in accordance with this Part and Part 6,

(ii) where the Commission makes a request or more than one request for further information under subsection (3) of section 122, paragraph (a) of subsection (2) of section 217 or subsection (4) or (5) of section 235 in relation to the application, 20 weeks from the earlier of the following dates—

(I) the date by which the request or requests, as the case may be, is or are fully complied with,

(II) the date by which the request or requests, as the case may be, is or are required to be fully complied with,

or

(iii) where subsection (6) of section 122 applies, 12 weeks from the date of the expiration of the period prescribed under subparagraph (III) of paragraph (ii) of that subsection,

(d) in relation to an application under this Chapter in respect of which an oral hearing is held under subsection (3) of section 122, 12 weeks from the date of the conclusion of the oral hearing, or

(e) where more than one of the foregoing provisions of this subsection applies, the period specified in those provisions that expires last.

127. Reimbursement of Commission by applicant for permission

127. (1) The Commission may require an applicant for permission for Chapter 4 development to pay the Commission a sum equal to the expenses incurred by the Commission—

(a) in the conduct of a consultation with the applicant under section 116,

(b) in acceding to a request by the applicant for an opinion under section 233, or

(c) in determining an application for Chapter 4 development,

and that sum shall be recoverable by the Commission in any court of competent jurisdiction as a simple contract debt.

(2) The Commission may require an applicant for permission for Chapter 4 development to pay to any person (including a planning authority) a sum equal to the expenses incurred by that person in the performance by that person of any functions, or the doing by that person of any act, necessary for the effective performance by the Commission of its functions in relation to the application for that permission, and that sum shall be recoverable by that person in any court of competent jurisdiction as a simple contract debt.

(3) An applicant for permission for Chapter 4 development shall comply with a requirement under this section.

128. Additional provisions relevant to strategic gas infrastructure development and electricity transmission infrastructure development

128. (1) Where the proposed development to which an application to the Commission for permission for Chapter 4 development relates comprises or is for the purposes of strategic gas infrastructure development, the Commission shall request the Commission for Regulation of Utilities (in this section referred to as the “CRU”) to make observations on safety or operational matters including any relevant safety advice or to make specific recommendations which the CRU considers appropriate within such period as may be specified (which period shall not be less than 3 weeks from the date of the request).

(2) Where the Commission is considering not accepting the observations or any recommendation of the CRU it shall give notice of that fact and of the reasons therefor to, and consult with the CRU, and the Commission shall request the CRU to respond not later than the end of the period of 3 weeks beginning on the date of the giving of notice under this subsection.

(3) The Commission shall consider any response given by the CRU to a request under subsection (1) before it makes a decision under section 123 in relation to the application.

(4) Where the Commission, in deciding to grant permission for a proposed development under section 123, or to refuse permission for a proposed development under that section, does not follow the observations or any recommendations of the CRU or part thereof, it shall give reasons.

(5) In making observations on safety or operational matters including any relevant safety advice or specific recommendations which the CRU considers appropriate under this section, the CRU may, without prejudice to the generality of the entitlement to make such observations, refer to such matters as it considers appropriate, including—

(a) a LPG and natural gas safety regulatory framework established under subsection (1G) of section 9 of the Act of 1999,

(b) a risk-based petroleum safety framework established under section 13I of the Act of 1999,

(c) directions given by the Minister for Environment, Climate and Communications, under section 13J of the Act of 1999,

(d) safety case guidelines prepared under section 13L of the Act of 1999,

(e) a safety case within the meaning of subsection (1) of section 13A of the Act of 1999,

(f) a revised safety case within the meaning of subsection (1) of section 13A of the Act of 1999,

(g) a safety permit issued under section 13P of the Act of 1999,

(h) an improvement notice served under section 9JB of the Act of 1999,

(i) an improvement notice served under section 13Z of the Act of 1999,

(j) a prohibition notice served under section 9JC of the Act of 1999,

(k) a prohibition notice served under section 13AA of the Act of 1999,

(l) safety standards, guidelines and codes of practice referred to in the framework established under subsection (1G) of section 9 of the Act of 1999,

(m) safety standards referred to in guidelines issued under section 13L of the Act of 1999,

(n) standards and codes of practice referred to in paragraph (c) of subsection (3) of section 13L of the Act of 1999,

(o) conditions relating to licences issued under both subsection (1) of section 16 of the Gas (Interim) (Regulation) Act 2002 and section 9JE of the Act of 1999,

(p) conditions relating to petroleum authorisations within the meaning of subsection (1) of section 13A of the Act of 1999, and

(q) international safety practices and international safety learning.

(6) An application for permission for Chapter 4 development referred to in subsection (1) shall, if the proposed development to which the application relates will consist of or include a pipeline, be accompanied by a certificate in relation to the pipeline provided under section 26 of the Gas Act 1976 or section 20 of the Gas (Amendment) Act 2000 by—

(a) in the case of a strategic upstream gas pipeline, the Minister for Environment, Climate and Communications, or

(b) in the case of a strategic downstream gas pipeline, the CRU.