Local Government (Planning and Development) Act, 1992

Amendment of section 26 of Principal Act.

3.—Section 26 of the Principal Act is hereby amended:

(a) by the substitution for subsection (5) and subsection (5A) (inserted by the European Communities (Environmental Impact Assessment) Regulations, 1989 ( S.I. No. 349 of 1989 )) of the following subsection:

“(5) (a) Any person may, at any time before the expiration of the appropriate period, appeal to the Board against a decision of a planning authority under this section.

(b) Subject to the following provisions of this subsection, where an appeal is brought from a decision of a planning authority and is not withdrawn, the Board shall determine the application as if it had been made to the Board in the first instance and the decision of the Board shall operate to annul the decision of the planning authority as from the time when it was given; and the provisions of subsections (1) and (2) of this section shall apply, subject to any necessary modifications, in relation to the determination of an application by the Board on appeal under this subsection as they apply in relation to the determination under this section of an application by a planning authority.

(c) Notwithstanding any other provision of this section, the Board in determining an appeal under this subsection shall, where it considers it appropriate, have regard to either or both of the following, namely—

(i) the probable effect which a particular decision by it on the matter would have on any place or area which is outside the area of the relevant planning authority, and

(ii) any other consideration relating to development outside the area of that authority.

(d) Without prejudice to paragraph (b) of this subsection, the Board shall, in determining on appeal an application in respect of which an environmental impact statement was submitted by the applicant in accordance with a requirement of or under regulations under the Acts (whether at the instance of the Board or otherwise), have regard to that statement, to such supplementary information (if any) relating to the statement as may have been furnished to the Board or to the planning authority by the applicant in accordance with a requirement under such regulations, and to other submissions or observations (if any) made to the Board in accordance with the Acts or regulations under the Acts in relation to the effects on the environment of the development to which the application relates.

(e) Paragraph (b) of this subsection shall be construed and have effect subject to sections 11 , 14 and 15 of the Local Government (Planning and Development) Act, 1992.

(f) In paragraph (a) of this subsection ‘the appropriate period’ means the period of one month beginning on the day of the giving of the decision of the planning authority.”;

(b) by the substitution for subparagraph (ii) (inserted by the Act of 1983) of paragraph (a) of subsection (9) of the following subparagraph:

“(ii) in case an appeal or appeals is or are taken against the decision, they shall not make the grant unless as regards the appeal or, as may be appropriate, each of the appeals—

(I) it is withdrawn, or

(II) it is dismissed by the Board pursuant to section 11 or 14 of the Local Government (Planning and Development) Act, 1992, or

(III) in relation to it a direction is given to the authority by the Board pursuant to section 15 of the said Act,

and, in the case of the withdrawal or dismissal of an appeal or of all such appeals, as may be appropriate, they shall make the grant as soon as may be after such withdrawal or dismissal and, in the case of such a direction, they shall make the grant, in accordance with the direction, as soon as may be after the giving by the Board of the direction.”.