Planning and Development Act, 2000
|
Withdrawal of appeals, applications and referrals. |
140.—(1) (a) A person who has made an appeal, a planning application to which an appeal relates or a referral may withdraw, in writing, the appeal, planning application or referral at any time before that appeal or referral is determined by the Board. | |
(b) As soon as may be after receipt of a withdrawal, the Board shall notify each other party or person who has made submissions or observations on the appeal or referral of the withdrawal. | ||
(2) (a) Without prejudice to subsection (1), where the Board is of the opinion that an appeal or a planning application to which an appeal relates, or a referral has been abandoned, the Board may serve on the person who made the appeal, application or referral, as appropriate, a notice stating that opinion and requiring that person, within a period specified in the notice (being a period of not less than two weeks or more than four weeks beginning on the date of service of the notice) to make to the Board a submission in writing as to why the appeal, application or referral should not be regarded as having been withdrawn. | ||
(b) Where a notice has been served under paragraph (a), the Board may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Board pursuant to the notice, declare that the appeal, application or referral, as appropriate, shall be regarded as having been withdrawn. | ||
(3) Where, pursuant to this section, a person withdraws a planning application to which an appeal relates, or the Board declares that an application is to be regarded as having been withdrawn, the following provisions shall apply as regards the application: | ||
(a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and | ||
(b) notwithstanding any previous decision under section 34 by a planning authority as regards the application, no permission shall be granted under that section by the authority on foot of the application. |