Planning and Development, Maritime and Valuation (Amendment) Act 2022

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Amendment of Part XXI of Planning and Development Act 2000

73. Part XXI (inserted by section 171 of the Act of 2021) of the Planning and Development Act 2000 , is amended—

(a) by the insertion of the following section after section 279 but in Chapter 1 of that Part:

“Maritime Area Regulatory Authority is prescribed body

279A.The Maritime Area Regulatory Authority is, by virtue of this section, a prescribed body for the purposes of this Part and, accordingly, a reference in this Part to prescribed bodies shall include a reference to the Maritime Area Regulatory Authority.”,

(b) by the insertion of the following sections after section 287:

“Application for opinion under section 287B

287A. (1) A prospective applicant who proposes to make an application under section 291 may, before making such an application, request a meeting with the Board for the purpose of section 287B as part of consultations referred to in section 287(1).

(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—

(a) the name and address of the prospective applicant,

(b) a site location map sufficient to identify the maritime area in which the proposed development would be situated,

(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,

(d) a draft layout plan of the proposed development,

(e) a description of—

(i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and

(ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in subparagraph (i) in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,

(f) an undertaking to provide with the proposed application either—

(i) two or more options in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,

(ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made or decided, or

(iii) a combination of subparagraphs (i) and (ii),

(g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and

(h) such other information as may be prescribed.

(3) Where a prospective applicant submits a request in accordance with subsection (1), the Board shall convene a meeting for the purposes of this section.

(4) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding a meeting convened under subsection (3), including—

(a) matters that are required to be considered at the meeting,

(b) matters that may be considered at the meeting, and

(c) the manner in which the meeting is to be conducted.

Opinion of Board as to flexibility with regard to application for permission

287B. (1) The Board shall, as soon as practicable after a meeting convened under section 287A(3) takes place, consider—

(a) the information included in the request for the meeting under section 287A, and

(b) any other relevant information that is made available at the meeting,

and determine if it is satisfied that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed certain details of the application.

(2) Where the Board determines that it is satisfied in accordance with subsection (1), it shall provide an opinion to that effect to the prospective applicant.

(3) Where the Board determines that it is not satisfied in accordance with subsection (1), it shall notify the prospective applicant to that effect.

(4) An opinion under subsection (2) shall specify—

(a) the details, or groups of details, of the proposed development as proposed by the prospective applicant that may be confirmed after the proposed application has been made or decided;

(b) the circumstances relating to the proposed development that indicate that it is appropriate that the proposed application be made and decided before the prospective applicant has confirmed the details referred to in paragraph (a) ;

(c) that, in respect of each detail, or group of details, referred to in paragraph (a), the proposed application shall, in addition to any other requirement imposed by or under this Act or the Maritime Area Planning Act 2021 , be accompanied by the information referred to in section 287A(2)(f).

(5) A meeting held, and any opinion issued for the purposes of this section shall be part of consultations held under section 287.

(6) An opinion issued by the Board under subsection (2) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 291.

(7) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the Board providing an opinion under subsection (2), including the form of the opinion.

Offence of taking payment etc.

287C. A member or official of the Board who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an opinion under section 287B commits an offence.”,

(c) by the insertion of the following subsection after subsection 293(4):

“(4A) Where the Board grants permission for a development on foot of an application in respect of which the Board has given an opinion under section 287B(2), the permission shall include a condition in respect of any detail of the development that was not confirmed at the time of the application requiring—

(a) the actual detail of the development to fall within specified options, parameters or a combination of options and parameters, and

(b) the applicant to notify the Board in writing, by such date prior to the commencement of the development, or prior to the commencement of the part of the development to which the detail relates, as the Minister may prescribe, of the actual detail of the development.”, and

(d) by the insertion in section 306(2)(c) of “(including applications accompanied by an opinion under section 287B(2))” after “section 291”.