Planning and Development (Large Scale Residential Developments) Act 2021

Repeal and transitional measures

17. (1) Section 4(1) of the Act of 2016 is repealed.

(2) Notwithstanding the repeal of section 4(1) of the Act of 2016, a prospective applicant who on the date on which subsection (1) comes into operation has been issued with a notice under section 6(7)(b) of the Act of 2016 in relation to a proposed strategic housing development may, subject to complying with Part 2 of the Act of 2016, proceed to apply for permission in relation to such development in accordance with that subsection provided that—

(a) the prospective applicant notifies the Board of the prospective applicant’s intention to proceed with the application as soon as practicable after the date on which subsection (1) comes into operation, and

(b) the application is made within the period of 16 weeks beginning on the date on which subsection (1) comes into operation.

(3) Notwithstanding the repeal of section 4(1) of the Act of 2016, a prospective applicant who on the date on which subsection (1) comes into operation—

(a) has made a request to the Board in accordance with section 5 of the Act of 2016 to enter into consultations with the Board in relation to a proposed strategic housing development, and

(b) has not been issued with a notice under section 6(7)(b) of the Act of 2016 in relation to the proposed strategic housing development,

may, subject to complying with Part 2 of the Act of 2016, proceed to apply for permission in relation to such development in accordance with that subsection provided that—

(i) the prospective applicant notifies the Board of the prospective applicant’s intention to proceed with the application as soon as practicable after the date on which subsection (1) comes into operation, and

(ii) the application is made within the period of 16 weeks beginning on the date on which a notice under section 6(7)(b) of the Act of 2016 is issued in relation to the proposed strategic housing development.

(4) A person who on the date on which subsection (1) comes into operation has made an application to the Board under section 4(1) of the Act of 2016 for permission for a strategic housing development may withdraw the application at any time within the period of 8 weeks beginning on the date on which the person made the application by notice in writing to the Board.

(5) The Minister may make regulations providing for the refund of any fees paid to the Board in respect of—

(a) a request to the Board in accordance with section 5 of the Act of 2016 to enter into consultations with the Board in relation to a proposed strategic housing development, or

(b) an application for permission for a strategic housing development in accordance with section 4 of the Act of 2016,

that, on the date on which subsection (1) comes into operation has yet to be determined, that is subsequently withdrawn.

(6) Chapter 1 (other than section 4(1)) of Part 2 of the Act of 2016 is repealed.