Planning and Development Act, 2000

Oral hearings of appeals and referrals.

134.—(1) The Board may, in its absolute discretion, hold an oral hearing of an appeal or of a referral under section 5 .

(2) (a) A party to an appeal or referral under section 5 may request an oral hearing of the appeal or referral.

(b)    (i) A request for an oral hearing of an appeal or referral shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of the request in accordance with section 144 .

(ii) A request for an oral hearing of an appeal or referral which is not accompanied by such fee (if any) as may be payable in respect of the request shall not be considered by the Board.

(c)    (i) A request by an appellant for an oral hearing of an appeal under section 37 shall be made within the appropriate period referred to in that section and any request received by the Board after the expiration of that period shall not be considered by the Board.

(ii) Where a provision of this Act, other than sections 37 and 254 (6), authorising an appeal to the Board enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, a request by an appellant for an oral hearing of an appeal may only be made within, or before the expiration of, the specified period or before the specified day and any request for an oral hearing not so received by the Board shall not be considered by the Board.

(iii) A request by a person making a referral or by an appellant under section 254 (6) for an oral hearing of the referral or appeal, as the case may be, shall accompany the referral or appeal, and any request for an oral hearing received by the Board other than a request which accompanies the referral or appeal, shall not be considered by the Board.

(d) A request by a party to an appeal or referral other than the appellant for an oral hearing of an appeal or referral shall be made within the period referred to in section 129 (2)(a) within which the party may make submissions or observations to the Board in relation to the appeal or referral, and any such request received by the Board after the expiration of that period shall not be considered by the Board.

(3) Where the Board is requested to hold an oral hearing of an appeal or referral and decides to determine the appeal or referral without an oral hearing, the Board shall serve notice of its decision on the person who requested the hearing and on each other party to the appeal or referral and on each person who has made submissions or observations to the Board in relation to the appeal or referral.

(4) (a) A request for an oral hearing may be withdrawn at any time.

(b) Where, following a withdrawal of a request for an oral hearing under paragraph (a), the appeal or referral falls to be determined without an oral hearing, the Board shall give notice to each other party to the appeal or referral and to each person who has made submissions or observations to the Board in relation to the appeal or referral.