Planning and Development (Housing) and Residential Tenancies Act 2016

Supplemental provisions to section 9

10. (1) The Board shall send a copy of a decision under section 9 to the applicant, to any planning authority in whose area the proposed strategic housing development would be situated and to any person who made submissions or observations on the application for permission.

(2) (a) The Board shall cause to be published in one or more newspapers circulating in the area a notice informing the public of a decision under section 9 .

(b) The notice shall state that a person may question the validity of any such decision by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with sections 50 and 50A of the Act of 2000.

(c) The notice shall identify where practical information on the review mechanism can be found.

(3) A decision of the Board to grant a permission under section 9 (4) shall state—

(a) the main reasons and considerations on which the decision is based,

(b) where the Board grants a permission in accordance with section 9 (6)(a), the main reasons and considerations for contravening materially the development plan or local area plan, as the case may be, and

(c) where conditions are imposed in relation to the grant of any permission, the main reasons for imposing them.

(4) A grant of permission under section 9 (4) shall be furnished to the applicant as soon as may be after the making of the relevant decision.

(5) (a) No permission under section 34 of the Act of 2000 shall be required for any development in respect of which approval has been granted under section 9 .

(b) Part VIII of the Act of 2000 shall apply to any case where a strategic housing development is carried out otherwise than in compliance with a permission under section 9 or any condition to which the permission is subject as it applies to any unauthorised development with the modification that a reference in that Part to a permission shall be construed as a reference to a permission granted under section 9 .

(6) A person shall not be entitled solely by reason of a permission under section 9 to carry out any development.