Planning and Development Act 2024

Commission’s powers to make decisions on section 410 functions

415. (1) Notwithstanding any provision of any of the enactments referred to in paragraphs (a) to (e) of subsection (1) of section 410 concerning the confirming or otherwise of any compulsory acquisition, the Commission shall, in relation to any of the section 410 functions respecting those matters, have the power to confirm a compulsory acquisition or any part thereof, with or without conditions or modifications, or to annul an acquisition or any part thereof.

(2) Notwithstanding any provision of the Act of 1993 concerning the approval of any scheme or proposed road development, the Commission shall, in relation to any of the section 410 functions respecting those matters, have the power to approve the scheme or development or any part thereof, with or without conditions or modifications, or to refuse to approve the scheme or development or any part thereof.

(3) Without prejudice to the generality of the foregoing power to attach conditions, the Commission may attach to any approval of a scheme or proposed road development under the Act of 1993 a condition requiring—

(a) the construction or the financing, in whole or in part, of the construction of a facility, or

(b) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Commission, would constitute a substantial gain to the community.

(4) A condition attached pursuant to subsection (3) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.