Alan Dillon (Mayo, Fine Gael) | Oireachtas source

I move amendment No. 791:

In page 304, between lines 24 and 25, to insert the following: "Suspension of running of duration of permission due to Part 9 judicial review proceedings

167. (1) Where Part 9 judicial review proceedings are commenced in respect of a permission (other than a permission that is an extension of duration of a permission under Chapter 5)—

(a) the running of the duration of the permission shall be suspended from the date of the notification of the commencement of the proceedings under subsection (3) until the date of the notification under subsection (3) that the proceedings are finally concluded (in this section referred to as the "relevant period"),

(b) during the relevant period the permission shall not have effect for the purposes of this Act,

(c) the duration of the permission shall continue to run from the day following the date of the notification under subsection (3) that the proceedings are finally concluded, in so far as the permission continues to have effect in accordance with the decision of the court that finally concluded the proceedings, and

(d) in reckoning the duration of the permission for the purposes of this Act, the relevant period shall be disregarded.

(2) Where Part 9 judicial review proceedings are commenced in respect of a permission (other than a permission that is an extension of duration of a permission under Chapter 5), the respondent in the proceedings (where the respondent is not the planning authority or the Maritime Area Regulatory Authority) shall, by notice in writing in such form and manner and within such period as may be prescribed, notify the following of the matters referred to in subsection (4):

(a) where the permission relates primarily to land, the planning authority in whose functional area the land is situated;

(b) where the permission relates primarily to a maritime site, the Maritime Area Regulatory Authority.

(3) The planning authority or the Maritime Area Regulatory Authority, as the case may be, shall notify in writing, in such form and manner and within such period as may be prescribed, each person interested in the land or maritime site to the benefit of which the permission enures of the matters referred to in subsection (4) and of this section.

(4) The matters referred to in subsections (2) and (3) are—

(a) the commencement of the proceedings and the date of the commencement of the proceedings (within the meaning of subsection (5) of section 252),

(b) the fact that the proceedings are finally concluded and the date the proceedings are finally concluded,

(c) the decision of the court that finally concluded the proceedings, and

(d) such other matters as the Minister may prescribe.

(5) The planning authority and the Maritime Area Regulatory Authority shall enter the following information in the register:

(a) the date of commencement of the proceedings;

(b) the date the proceedings are finally concluded;

(c) particulars of the decision of the court that finally concluded the proceedings;

(d) particulars of a notice given under subsection (2) or a notification given under subsection (3);

(e) the date the duration of the permission expires in accordance with this section;

(f) such other information as the Minister may prescribe.

(6) For the purposes of this section, Part 9 judicial review proceedings are finally concluded on the date of the determination of the proceedings by a decision of a court against which no further appeal lies, or against which an appeal lies within a period which has expired without an appeal being taken.

(7) In this section—

"Part 9 judicial review proceedings" has the meaning it has in section 250;

"permission" includes a permission granted under the Act of 2000, or under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, but does not include outline permission within the meaning of section 93.".