|
|
Amendment of section 35 of Principal Act.
|
9.— Section 35 of the Principal Act is amended by substituting the following subsections for subsections (4) to (6):
|
|
| |
“(4) If the planning authority considers that there are good grounds for its being able to form the opinion under subsection (1) in relation to an application for permission in respect of the development concerned and, accordingly, to exercise the power under subsection (5) to refuse that permission, it shall serve a notice in writing on the applicant to that effect and that notice shall—
|
|
| |
(a) specify the failures to comply that the authority intends to take into consideration with regard to the proposed exercise of that power, and
|
|
| |
(b) invite the applicant to make submissions to the authority, within a period specified in the notice, as to why the applicant considers that the authority should not exercise that power (whether because the applicant contends the views of the authority in relation to compliance by the applicant or any other person with any previous permission, or any condition to which it is subject, are incorrect or that there are not good grounds for forming the opinion under subsection (1)).
|
|
| |
(5) If the planning authority, having considered any submissions made to it in accordance with a notice under subsection (4), proceeds to form the opinion under subsection (1) in relation to the application concerned it shall decide to refuse to grant the permission concerned and notify the applicant accordingly.
|
|
| |
(6) The applicant may, within 8 weeks from the receipt of that notification, notwithstanding sections 50 and 50A, apply, by motion on notice to the planning authority, to the High Court for an order annulling the planning authority’s decision and, on the hearing of such application, the High Court may, as it considers appropriate, confirm the decision of the authority, annul the decision and direct the authority to consider the applicant’s application for planning permission without reference to the provisions of this section or make such other order as it thinks fit.
|
|
| |
(6A) If, in pursuance of subsection (6), the High Court directs the planning authority to consider the applicant’s application for planning permission without reference to the provisions of this section, the planning authority shall make its decision on the application within the period of 8 weeks from the date the order of the High Court in the matter is perfected but this subsection is subject to the provisions of section 34(8) as applied to the foregoing case by subsection (6B).
|
|
| |
(6B) For the purposes of the foregoing case the provisions of section 34(8) shall apply with the following modifications:
|
|
| |
(a) in paragraph (a) of section 34(8), after “paragraphs (b), (c), (d) and (e)”, there shall be inserted “and section 35(6A)”;
|
|
| |
(b) for the reference in paragraph (b) of section 34(8) to “8 weeks of the receipt of a planning application” there shall be substituted “8 weeks of the date the order of the High Court in the matter is perfected”;
|
|
| |
(c) in paragraph (f) of section 34(8), after “paragraph (a), (b), (c), (d) or (e)”, there shall be inserted “, the period specified in section 35(6A) or, as the case may be, the period specified in paragraph (b), (c), (d) or (e) as that paragraph is applied by virtue of section 35(6B)”; and
|
|
| |
(d) any other necessary modifications.
|
|
| |
(6C) No appeal shall lie to the Board from a decision of a planning authority to refuse to grant planning permission under subsection (5).”.
|
