Planning and Development (Strategic Infrastructure) Act 2006

Amendment of section 34 of Principal Act.

8.— (1) Section 34(4) of the Principal Act is amended by substituting the following paragraph for paragraph (a):

“(a) conditions for regulating the development or use of any land which adjoins, abuts or is adjacent to the land to be developed and which is under the control of the applicant if the imposition of such conditions appears to the planning authority—

(i) to be expedient for the purposes of or in connection with the development authorised by the permission, or

(ii) to be appropriate, where any aspect or feature of that adjoining, abutting or adjacent land constitutes an amenity for the public or a section of the public, for the purposes of conserving that amenity for the public or that section of the public (and the effect of the imposition of conditions for that purpose would not be to burden unduly the person in whose favour the permission operates);”.

(2) Section 34(5) of the Principal Act is amended by substituting “the person carrying out the development; if the planning authority and that person cannot agree on the matter the matter may be referred to the Board for determination” for “the person to whom the permission is granted and that in default of agreement the matter is to be referred to the Board for determination”.