Local Government (Planning and Development) Act, 1992

Power of Board to declare appeals and applications withdrawn.

16.—(1) Where the Board is of opinion that an appeal, or a planning application to which an appeal relates, has been abandoned, the Board may serve on the person who made the appeal or application, as may be appropriate, a notice stating that fact and requiring that person, within a period specified in the notice (being a period of not less than fourteen or more than twenty eight days beginning on the date of service of the notice) to make to the Board a submission in writing as to why the appeal or application, as the case may be, should not be regarded as having been withdrawn.

(2) Where a notice has been served under subsection (1) 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—

(a) in case the notice refers to a planning application, that the application shall be regarded as having been withdrawn, and

(b) in case the notice refers to an appeal, that the appeal shall be regarded as having been withdrawn.

(3) Where pursuant to this section the Board declares that a planning application is to be regarded as having been withdrawn, the following provisions shall apply as regards the application:

(a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and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 26 of the Principal Act by a planning authority as regards the application, no permission or approval shall be granted under that section by the authority on foot of the application.