Section 15Part 3 — Control of Development of LandAmended
Application for planning permission
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Subject to this section and section 5(1), where application is made to the Authority for outline planning or permission to develop land or permission for a planned area development, the Authority may grant permission either unconditionally or subject to such conditions as it thinks fit, or may refuse permission.
Without restricting the generality of subsection (1), conditions may be imposed on the grant of permission to develop land thereunder —
for regulating the development or use of any land under the control of the applicant (being land contiguous to the land that is the subject of the application) and for requiring the carrying out of works on any such land, so far as appears to the Authority to be expedient for the purposes of or in connection with the development authorised by the permission; and
for requiring the removal of any building or works authorised by the permission, or the discontinuance of any use of land so authorised, at the expiration of a specific period, and the carrying out of any works required for the reinstatement of land at the expiration of that period,
and permission granted subject to any such condition as is mentioned by paragraph (b) is, in this Act, referred to as permission granted for a limited period only.
Subject to any specific provision made therein by the Authority, permission granted by the Authority remains effective for five years from the date of its promulgation but where permission is granted for a planned area development or where any part of the approved development is commenced within such time as provided or imposed thereunder, such approval shall vest in perpetuity and enure for the benefit of the land in accordance with section 16(4), unless revoked or modified in accordance with section 17.
Where a person makes an application for planning permission to the Authority (other than an application for permission in relation to a detached house, duplex or any temporary development), the person shall provide notice of the application which shall —
contain an invitation for the person to whom the notice is addressed to inspect —
the application for planning permission (including the application form, requisite drawings, Land Register and registry extract map) in person at the Department of Planning; or
the requisite drawings related to an application for planning permission via a website authorised by the Director for such purpose; and
be served in accordance with any regulations made under this Act, and the Authority shall not consider the application —
in the absence of evidence of the service, or publication in accordance with any regulations made under this Act, as the case may be, of such notice; and
unless twenty-one days have elapsed since the service or publication, as the case may be, of the last of such notice.
Subsection (4) does not authorise any person to obtain copies of any documents or drawings associated with the application for planning permission without the written authorisation of the applicant.
Subject to section 48, the decision of the Authority on any application made to them under this section shall be final.
Subject to section 49, the decision of the Board on any application to it under this section shall be final.
Referenced By
- Section 40 — Service of notices
section 15(4)
- Section 55 — Transitional provisions
section 15(2)