Planning and Development (Amendment) Act 2010
Amendment of section 135 of Principal Act. |
43.— Section 135 of the Principal Act is amended— | |
(a) in subsection (2) by the substitution of “given by the Board under subsection (2A) or (2B))” for “given by the Board under subsection (2A))”, | ||
(b) by the insertion of the following subsections after subsection (2A): | ||
“(2AB) The Board may in its absolute discretion, following a recommendation in relation to the matter from a person assigned under section 146, give a direction to a person assigned to conduct an oral hearing that he or she shall only allow points or arguments in relation to specified matters during the oral hearing. | ||
(2AC) Where a direction is given by the Board under subsection (2AB), the person to whom it is given shall comply with it (and accordingly, is enabled to make such a requirement) unless that person forms the opinion that it is necessary, in the interests of observing fair procedures, to allow a point or an argument to be made during the oral hearing in relation to matters not specified in the direction. | ||
(2AD) The Board shall give a notice of its direction under subsection (2AB) to— | ||
(i) each party, in the case of an appeal or referral, | ||
(ii) the applicant and planning authority, in the case of an application under this Act, for a railway order under the Act of 2001, or for approval under section 51 of the Roads Act 1993 , and | ||
(iii) each person who has made objections, submissions or observations to the Board in the case of an appeal, referral or application. | ||
(2AE) The points or summary of the arguments that a person intending to appear at the oral hearing shall submit to the person conducting the hearing, where a direction has been given under subsections (2A) and (2AB), shall be limited to points or arguments in relation to matters specified in the direction under subsection (2AB).”, | ||
(c) In subsection (2B) (inserted by section 23 of the Act of 2006), by the insertion of the following paragraph after paragraph (d): | ||
“(dd) may refuse to allow the making of a point or an argument in relation to any matter where— | ||
(i) a direction has been given under subsection (2AB) and the matter is not specified in the direction, and | ||
(ii) he or she has not formed the opinion referred to in subsection (2AC).”. |