Local Government (Planning and Development) Act, 1983

Appeals against conditions.

19.—(1) Where—

(a) an appeal is brought under section 26 (5) of the Principal Act from a decision of a planning authority to grant a permission or approval, and

(b) the appeal relates only to a condition or conditions subject to which the decision was made, and

(c) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application as if it had been made to it in the first instance would not be warranted,

subject to compliance by the Board with subsection (2) of this section when considering the appeal, the Board may, in its absolute discretion, give to the relevant planning authority such directions as it considers appropriate relating to the attachment, amendment or removal by that authority either of the condition or conditions to which the appeal relates or of other conditions.

(2) In exercising the power conferred on it by subsection (1) of this section, apart from considering the condition or conditions to which the relevant appeal relates, the Board shall be restricted to considering the proper planning and development of the area of the relevant planning authority (including the preservation and improvement of the amenities thereof), regard being had to the provisions of the development plan, the provisions of any special amenity area order relating to the said area, the terms of any previous permission considered by the Board to be relevant, the matters referred to in section 26 (2) of the Principal Act and the matters referred to in section 24 (2) of the Act of 1976.