Planning and Development (Amendment) Act, 2002

Amendment of section 50 of Principal Act.

12.—Section 50 of the Principal Act is amended—

(a) by substituting the following subsection for subsection (2):

“(2) A person shall not question the validity of—

(a) a decision of a planning or local authority, as appropriate—

(i) on an application for a permission under this Part,

(ii) under section 179, or

(iii) in accordance with section 216,

(b) a decision of the Board—

(i) on any appeal or referral,

(ii) under section 175, or

(iii) in the performance by it of a function transferred under Part XIV,

otherwise than by way of an application for judicial review under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) (‘the Order').”,

(b) in subparagraph (ii) of subsection (4)(a), by substituting “paragraph (a)(ii) or (iii)” for “paragraph (a)(ii)” and “sent or published, as appropriate” for “published”,

(c) in subparagraph (i) of subsection (4)(b), by substituting “planning or local authority” for “planning authority”, and

(d) in subparagraph (i)(V) of subsection (4)(c), by substituting “in the case of a decision of a local authority or the Board in the performance by it of a function transferred under Part XIV,” for “in the case of a decision of the Board under Part XIV,”.