A request shall be in writing and include –
(a) the name and address of the prospective applicant,
(b) a site location map sufficient to identify the maritime area in which the proposed development would be situated,
(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,
(d) a draft layout plan of the proposed development,
(e) a description of—
(i) the details, or groups of details, of the proposed development that, owing to the circumstances set out in subparagraph (ii), are unlikely to be confirmed at the time of the proposed application, and
(ii) the circumstances relating to the proposed development, including such circumstances as the Minister may prescribe in relation to any class or description of development for the purposes of this subparagraph, that indicate that it is appropriate that the proposed application be made and decided, before the prospective applicant has confirmed the details referred to in subparagraph (i) including, in particular, whether the prospective applicant may be able to avail of technology available after making the proposed application that is more effective or more efficient than that available at the time of the application,
(f) an undertaking to provide with the proposed application, either—
(i) two or more options, in respect of each detail or group of details referred to in paragraph (e)(i), containing information on the basis of which the proposed application may be made and decided,
(ii) parameters within which each detail referred to in paragraph (e)(i) will fall and on the basis of which the proposed application may be made and decided, or
(iii) a combination of subparagraphs (i) and (ii),
(g) such other information, drawings or representations as the prospective applicant may wish to provide or make available, and
(h) such other information as may be prescribed.
Form No.20 of Schedule 3 of the Planning and Development Regulations, 2001, as amended should also be submitted with the request.
Fees
No fee is required for a request under section 287A of the Act.Meeting
One meeting shall take place for the purposes of an opinion on flexibility. The Board will make a record of any meetings held. It will forward a copy of the record, to the prospective applicant as soon as may be after the meeting.Confidentiality
All requests for design option flexibility and any opinion issued by the Board will remain confidential and shall only be made public when a planning application is made to the Board.Opinion
Where it is satisfied that appropriate circumstances exist, the Board will issue an opinion, setting out the details that may be confirmed by the prospective applicant at a later stage and the circumstances considered appropriate to allow an application to proceed on this basis. This is provided for under section 287B of the Act. The Board also has the option to determine that it is not satisfied that the application can be made before certain details of the application are confirmed.When granting permission or approval in respect of any planning application, the Board must attach a condition setting out the approved options and/or parameters in respect of the unconfirmed details and requiring the applicant to confirm the actual detail of the development to which the condition relates prior to the commencement of this part of the development.
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