40LHearings

40L Hearings

[Section 40L Inserted by No. 47 of 2015, s. 10, Applied:17 Dec 2015]

(1)  The Commission, as soon as practicable after receiving under section 40K a report, in relation to a draft amendment of an LPS, that contains a copy of a representation, must hold a hearing in relation to the representation.

(2)  Subsection (1) does not apply in relation to a representation in relation to a draft amendment of an LPS if the Commission decides to dispense with the hearing in relation to the representation because –

(a) the Commission is satisfied that all the representations received by the planning authority are in support of the draft amendment; or

(b) the person or body who or that made the representation has notified the Commission in writing that he, she or it does not wish to be heard at such a hearing; or

(c) the Commission is satisfied that –

(i) the draft amendment is urgently required and the Minister has agreed that a hearing should be dispensed with in relation to the representation; or

(ii) the draft amendment is for a purpose referred to in section 40I(2)(b)  –

and that the public interest would not be prejudiced by the draft amendment not being publicly exhibited.

(3)  The Commission must give at least 14 days' notice, as prescribed, of a hearing to be held under subsection (1) .

(4)  The Commission may consolidate any of the representations and hold a hearing in relation to the consolidated representations.

(5)  The Commission may hold together hearings that relate to amendments to different LPSs.

(6)  The Commission is not to consider, in a hearing in relation to a draft amendment of an LPS, a matter that, if it were included in a representation, would, in accordance with section 40J(5) , not be taken to be part of the representation.