Local Government (Planning and Development) Act, 1992

Duty and objective of Board.

2.—(1) It shall be the duty of the Board to ensure that appeals and other matters with which it is concerned are disposed of as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of appeals and other matters.

(2) In particular, and without prejudice to the generality of subsection (1) and subject to subsections (3), (4) and (7), it shall be the objective of the Board to ensure that every appeal or other matter is determined within—

(a) a period of four months beginning on the date of receipt by the Board of the appeal or other matter, or

(b) such other period as the Minister may prescribe, either generally or in respect of a particular class or classes of appeals or other matters.

(3) (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal or other matter with which the Board is concerned, to determine the appeal or other matter within the period referred to in paragraph (a) or (b) of subsection (2) (as the case may be) the Board shall, by notice in writing served on the parties to the appeal or other matter before the expiration of that period, inform those parties of the reasons why it would not be possible or appropriate (as the case may be) to determine the appeal or other matter within that period and shall specify the date before which the Board intends that the appeal or other matter shall be determined.

(b) Where a notice has been served under paragraph (a), the Board shall take all such steps as are open to it to ensure that the appeal or other matter is determined before the date specified in the notice.

(4) The Minister may by regulations—

(a) provide that subsection (2) shall not have effect for such period as is specified in the regulations, or

(b) vary a period mentioned in that subsection,

either generally or in respect of a particular class or classes of appeals or other matters with which the Board is concerned where it appears to him to be necessary, by virtue of exceptional circumstances, to do so and for so long as such regulations are in force this section shall be construed and have effect in accordance therewith.

(5) The Board shall include in each report made under section 9 of the Act of 1976 a statement of the number of appeals and other matters with which the Board is concerned that it has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine appeals and other matters as the Minister may direct.

(6) Subsections (2) to (5) shall apply in relation to appeals and other matters with which the Board is concerned that are received by the Board on or after the date which is six months after the date of the passing of this Act.

(7) This section shall not apply in relation to purchase notices transmitted to the Board pursuant to section 29 (4) of the Principal Act.