The Board Decision
The Board will make a decision on the SHD application on the basis of the proper planning and sustainable development of the area and the effects on the environment. The Board may: grant permission with or without conditions; grant permission subject to modifications; grant permission in part only, or refuse to grant permission for the proposed development under section 9(4) of the Act of 2016. The Board’s decision will include the main reasons and considerations on which its decision is based.
Where the Board did not exercise its functions to refuse to deal with an application within 2 weeks of it being submitted, it can refuse to grant permission for a proposed SHD under section 9(5) of the Act of 2016 where it considers that development of the kind proposed would be premature by reference to the inadequacy or incompleteness of the EIS or NIS submitted with the application for permission, if such is required. There is no provision in the Act of 2016 for the Board to seek further information in respect of a SHD application.
When deciding to grant permission for a SHD, the Board may attach conditions in the normal manner, i.e. as specified in section 34(4) of the Act of 2000. In addition, the Board may attach a condition requiring the payment of development contributions of the same kind as the relevant planning authority could require under section 28 or 49 of the Act of 2000. The Planning Authority retains responsibility for matters with respect to compliance and enforcement.
An Bord Pleanála shall send a copy of the SHD decision to the applicant, to the relevant Planning Authority and to any person who made submissions or observations on the application. An Bord Pleanála is required under section 10 of the Act of 2016 to publish a newspaper notice informing the public of the decision.