Planning and Development (Large Scale Residential Developments) Act 2021

Amendment of section 34 of Principal Act

5. Section 34 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (1A):

“(1B) Where a planning authority receives an application for permission to which section 32A(1) applies it shall notify the elected members of the planning authority of the making of the application, of where the application is available for inspection, and of such other information as may be prescribed.”,

(b) by the insertion of the following subsection after subsection (3B):

“(3C) In determining an application for permission that relates to a development in respect of a part of which permission has previously been granted—

(a) under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 , or

(b) on foot of an application in accordance with section 32A,

the planning authority concerned shall, notwithstanding section 34(2)(a), be restricted in its determination of the application, other than in respect of any assessment of the effects of the proposed development on the environment, to considering the modifications proposed by the applicant to the previously permitted development and for the purposes of determining such an application the reference in subsection (6) to ‘the development concerned’ shall be read as a reference to ‘the modifications to the previously permitted development’.”,

and

(c) in subsection (8)—

(i) in paragraph (b)(ii), by the substitution of “if, within the period specified in subparagraph (i), in relation to further information” for “if in relation to further information”,

(ii) in paragraph (c)(ii), by the substitution of “if, within the period specified in subparagraph (i), in relation to further information” for “if in relation to further information”, and

(iii) in paragraph (ca)(ii)(II), by the substitution of “if, within the period specified in clause (I), in relation to further information” for “if in relation to further information”.