Planning and Development (Housing) and Residential Tenancies Act 2016

Requests to Board after consultation meeting has been held

7. (1) Following the consultation meeting, a prospective applicant may separately request the Board to do either or both of the following:

(a) (i) make a determination in relation to a proposed strategic housing development if one or both of the following applies:

(I) where the development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) that does not exceed the relevant quantity, area or other limit standing specified in that Part, whether it is likely to have significant effects on the environment;

(II) whether the development, individually or in combination with another project, is likely to have a significant effect on a European site;


(ii) inform the prospective applicant of the determination;

(b) give to the prospective applicant an opinion in writing prepared by the Board on what information will be required to be contained in an environmental impact statement or Natura impact statement or both of those statements, as the case may be, in relation to the proposed strategic housing development.

(2) (a) On receipt of a request under either paragraph (a) or (b) of subsection (1), which shall be accompanied by the appropriate fee, and except where paragraph (b) of this subsection applies, the Board shall, after consulting such bodies as may be prescribed for that purpose, comply with the request within 8 weeks of receipt of the request.

(b) Where a prospective applicant intends to make requests to the Board under paragraphs (a) and (b) of subsection (1), then such requests shall, unless the Board otherwise approves, be made at the same time and, accordingly, on receipt of such a request the Board—

(i) shall comply with the request to which subsection (1)(a) relates within 8 weeks of its receipt, and

(ii) shall then comply with the request to which subsection (1)(b) relates within 16 weeks of its receipt.

(c) A determination made by the Board for the purposes of subsection (1)(a)(i), or an opinion given by the Board for the purposes of subsection (1)(b) (including the main reasons and considerations on which the determination or opinion are based, as the case may be) shall be placed and kept with the documents relating to the planning application concerned.

(3) A person shall not question the validity of a determination by, or opinion of, the Board under this section by reason only that the procedures as set out in subsection (2) were not completed within the time referred to in that subsection.