Planning and Development (Large Scale Residential Developments) Act 2021
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Amendment of section 247 of Principal Act | ||
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15. Section 247 of the Principal Act is amended— | ||
(a) in subsection (1A)(a) — | ||
(i) by the substitution of “Subject to subsection (7) and section 5” for “Subject to section 5”, | ||
(ii) in subparagraph (i), by the deletion of “or” after “floor space,”, | ||
(iii) by the insertion of the following subparagraph after subparagraph (i): | ||
“(ia) consists of or includes the development of student accommodation that includes 200 or more bed spaces, or”, | ||
and | ||
(iv) by the substitution of “this section” for “section 247” in the 3 places that it occurs, | ||
(b) in subsection (1A)(b) by the substitution of “Where a planning authority receives a request for consultation from a prospective applicant in relation to proposed development referred to in paragraph (a), such consultations shall be held, or the planning authority shall provide a written confirmation referred to in subsection (7), within the period of 4 weeks beginning on the date on which the request is received by the planning authority,” for “Consultations under section 247 in relation to proposed development referred to in paragraph (a) shall be held within 4 weeks of the date of receipt by the planning authority, or planning authorities, as the case may be, of a request by the prospective applicant for such a consultation,”, | ||
(c) by the insertion of the following subsection after subsection (5): | ||
“(5A) A record kept by a planning authority under subsection (5) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.”, | ||
and | ||
(d) by the insertion of the following subsections after subsection (6): | ||
“(7) Where a planning authority receives a request under this section in relation to a proposed development in respect of a part of which (referred to in this section as the ‘permitted development’) permission has already been granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 or on foot of an application in accordance with section 32A, and the planning authority is satisfied, having compared the proposed development to the permitted development, that— | ||
(a) the proposed development is substantially the same as the permitted development, and | ||
(b) the nature, scale and effect of any alterations to the permitted development are not such that require the consultation process to be repeated, | ||
the planning authority may determine, notwithstanding subsection (1A), that no consultation is required under this section in relation to the proposed development and may provide a confirmation in writing to the person who made the request to that effect. | ||
(8) A determination under subsection (7) shall not prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings. | ||
(9) A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with a determination under subsection (7) commits an offence.”. |