The Planning and Development, Maritime and Valuation (Amendment) Act 2022 introduces changes to the Planning and Development Act 2000, allowing for more flexibility in certain aspects of proposed developments submitted in planning applications.
Under the new legislation, applicants can request a meeting with the planning authority or the Board before submitting their application to discuss whether it's appropriate to proceed without confirming specific details of the proposed development. These unconfirmed details might include aspects like the exact dimensions of wind turbines or the precise route of a grid connection for a wind farm application.
This process is designed to apply specifically to certain details of a proposed development and not to every point of detail typically addressed through compliance conditions negotiated post-consent between the applicant and the planning authority or the Board. During the flexibility meeting request, the applicant must outline the details or groups of details that won't be confirmed at the time of application and explain why it's suitable for the application to proceed before these details are finalized.
If the planning authority determines that appropriate circumstances exist, they will issue an opinion outlining which details may be confirmed later and the conditions under which the application can proceed on this basis. When submitting a planning application accompanied by such an opinion, the applicant must provide specific options or sufficient information regarding the parameters of the unconfirmed details to enable the planning authority or the Board to make a decision on the application.