Chapter III

Appeal Procedures, etc.

Appeals and referrals with which the Board is concerned.

125. —This Chapter shall apply to appeals and referrals to the Board except that it will not apply to appeals under section 182 (4)(b).

Duty and objective of Board in relation to appeals and referrals.

126. —(1) It shall be the duty of the Board to ensure that appeals and referrals are disposed of as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the determination of appeals and referrals.

(2) Without prejudice to the generality of subsection (1) and subject to subsections (3), (4) and (5), it shall be the objective of the Board to ensure that every appeal or referral is determined within—

(a) a period of 18 weeks beginning on the date of receipt by the Board of the appeal or referral, or

(b) such other period as the Minister may prescribe in accordance with subsection (4), either generally or in respect of a particular class or classes of appeals or referrals.

(3) (a) Where it appears to the Board that it would not be possible or appropriate, because of the particular circumstances of an appeal or referral or because of the number of appeals and referrals which have been submitted to the Board, to determine the appeal or referral within the period referred to in paragraph (a) or (b) of subsection (2), as the case may be, the Board shall, by notice in writing served on the parties to the appeal or referral before the expiration of that period, inform those parties of the reasons why it would not be possible or appropriate to determine the appeal or referral within that period and shall specify the date before which the Board intends that the appeal or referral shall be determined, and shall also serve such notice on each person who has made submissions or observations to the Board in relation to the appeal or referral.

(b) Where a notice has been served under paragraph (a), the Board shall take all such steps as are open to it to ensure that the appeal or referral is determined before the date specified in the notice.

(4) The Minister may by regulations vary the period referred to in subsection (2)(a) either generally or in respect of a particular class or classes of appeals or referrals where it appears to him or her to be necessary, by virtue of exceptional circumstances, to do so and for so long as such regulations are in force this section shall be construed and have effect in accordance therewith.

(5) Where the Minister considers it to be necessary or expedient that—

(a) appeals from decisions (of a specified class or classes) of planning authorities under section 34 , or

(b) referrals of a specified class or classes,

relating to development of a class or classes of special strategic, economic or social importance to the State, be determined as expeditiously as is consistent with proper planning and sustainable development, the Minister may give a direction to the Board to give priority to the class or classes of appeals or referrals concerned, and the Board shall comply with such direction.

(6) The Board shall include in each report made under section 118 a statement of the number of appeals and referrals that it has determined within a period referred to in paragraph (a) or (b) of subsection (2) and such other information as to the time taken to determine appeals and referrals as the Minister may direct.

Provisions as to making of appeals and referrals.

127. —(1) An appeal or referral shall—

(a) be made in writing,

(b) state the name and address of the appellant or person making the referral and of the person, if any, acting on his or her behalf,

(c) state the subject matter of the appeal or referral,

(d) state in full the grounds of appeal or referral and the reasons, considerations and arguments on which they are based,

(e) in the case of an appeal under section 37 by a person who made submissions or observations in accordance with the permission regulations, be accompanied by the acknowledgement by the planning authority of receipt of the submissions or observations,

(f) be accompanied by such fee (if any) as may be payable in respect of such appeal or referral in accordance with section 144 , and

(g) be made within the period specified for making the appeal or referral.

(2) (a) An appeal or referral which does not comply with the requirements of subsection (1) shall be invalid.

(b) The requirement of subsection (1)(d) shall apply whether or not the appellant or person making the referral requests, or proposes to request, in accordance with section 134 , an oral hearing of the appeal or referral.

(3) Without prejudice to section 131 or 134, an appellant or person making the referral shall not be entitled to elaborate in writing upon, or make further submissions in writing in relation to, the grounds of appeal or referral stated in the appeal or referral or to submit further grounds of appeal or referral and any such elaboration, submissions or further grounds of appeal or referral that is or are received by the Board shall not be considered by it.

(4) (a) An appeal or referral shall be accompanied by such documents, particulars or other information relating to the appeal or referral as the appellant or person making the referral considers necessary or appropriate.

(b) Without prejudice to section 132 , the Board shall not consider any documents, particulars or other information submitted by an appellant or person making the referral other than the documents, particulars or other information which accompanied the appeal or referral.

(5) An appeal or referral shall be made—

(a) by sending the appeal or referral by prepaid post to the Board,

(b) by leaving the appeal or referral with an employee of the Board at the offices of the Board during office hours (as determined by the Board), or

(c) by such other means as may be prescribed.

Submission of documents, etc. to Board by planning authorities.

128. —Where an appeal or referral is made to the Board the planning authority concerned shall, within a period of 2 weeks beginning on the day on which a copy of the appeal or referral is sent to them by the Board, submit to the Board—

(a) in the case of an appeal under section 37 —

(i) a copy of the planning application concerned and of any drawings, maps, particulars, evidence, environmental impact statement, other written study or further information received or obtained by them from the applicant in accordance with regulations under this Act,

(ii) a copy of any report prepared by or for the planning authority in relation to the planning application, and

(iii) a copy of the decision of the planning authority in respect of the planning application and a copy of the notification of the decision given to the applicant;

(b) in the case of any other appeal or referral, any information or documents in their possession which is or are relevant to that matter.

Submissions or observations by other parties.

129. —(1) The Board shall, as soon as may be after receipt of an appeal or referral, give a copy thereof to each other party.

(2) (a) Each other party may make submissions or observations in writing to the Board in relation to the appeal or referral within a period of 4 weeks beginning on the day on which a copy of the appeal or referral is sent to that party by the Board.

(b) Any submissions or observations received by the Board after the expiration of the period referred to in paragraph (a) shall not be considered by the Board.

(3) Where no submissions or observations have been received from a party within the period referred to in subsection (2), the Board may without further notice to that party determine the appeal or referral.

(4) Without prejudice to section 131 or 134, a party shall not be entitled to elaborate in writing upon any submissions or observations made in accordance with subsection (2) or make any further submissions or observations in writing in relation to the appeal or referral and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

Submissions or observations by persons other than parties.

130. —(1) (a) Any person other than a party may make submissions or observations in writing to the Board in relation to an appeal or referral, other than a referral under section 96 (5).

(b) Without prejudice to subsection (4), submissions or observations may be made within the period specified in subsection (3) and any submissions or observations received by the Board after the expiration of that period shall not be considered by the Board.

(c) A submission or observation shall—

(i) be made in writing,

(ii) state the name and address of the person making the submission or observation and the name and address of any person acting on his or her behalf,

(iii) state the subject matter of the submission or observation,

(iv) state in full the reasons, considerations and arguments on which the submission or observation is based, and

(v) be accompanied by such fee (if any) as may be payable in accordance with section 144 .

(2) Submissions or observations which do not comply with subsection (1) shall be invalid.

(3) The period referred to in subsection (1)(b) is—

(a) where notice of receipt of an environmental impact statement is published in accordance with regulations under section 172 (5), the period of 4 weeks beginning on the day of publication of any notice required under those regulations,

(b) where notice is required by the Board to be given under section 142 (4), the period of 4 weeks beginning on the day of publication of the required notice,

(c) in any other appeal under this Act, the period of 4 weeks beginning on the day of receipt of the appeal by the Board or, where there is more than one appeal against the decision of the planning authority, on the day on which the Board last receives an appeal, or

(d) in the case of a referral, the period of 4 weeks beginning on the day of receipt by the Board of the referral.

(4) Without prejudice to section 131 or 134, a person who makes submissions or observations to the Board in accordance with this section shall not be entitled to elaborate in writing upon the submissions or observations or make further submissions or observations in writing in relation to the appeal or other matter and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

(5) Subsections (1)(b) and (4) shall not apply to submissions or observations made by a Member State of the European Communities (within the meaning of the European Communities Act, 1972 ) or another state which is a party to the Transboundary Convention, arising from consultation in accordance with the Council Directive or the Transboundary Convention, as the case may be, in relation to the effects on the environment of the development to which the appeal under section 37 relates.

Power of Board to request submissions or observations.

131. —Where the Board is of opinion that, in the particular circumstances of an appeal or referral, it is appropriate in the interests of justice to request—

(a) any party to the appeal or referral,

(b) any person who has made submissions or observations to the Board in relation to the appeal or referral, or

(c) any other person or body,

to make submissions or observations in relation to any matter which has arisen in relation to the appeal or referral, the Board may, in its discretion, notwithstanding section 127 (3), 129(4), 130(4) or 137(4)(b), serve on any such person a notice under this section—

(i) requesting that person, within a period specified in the notice (not being less than 2 weeks or more than 4 weeks beginning on the date of service of the notice) to submit to the Board submissions or observations in relation to the matter in question, and

(ii) stating that, if submissions or observations are not received before the expiration of the period specified in the notice, the Board will, after the expiration of that period and without further notice to the person, pursuant to section 133 , determine the appeal or referral.

Power of Board to require submission of documents, etc.

132. —(1) Where the Board is of opinion that any document, particulars or other information may be necessary for the purpose of enabling it to determine an appeal or referral, the Board may, in its absolute discretion, serve on any party, or on any person who has made submissions or observations to the Board in relation to the appeal or referral, as appropriate, a notice under this section—

(a) requiring that person, within a period specified in the notice (being a period of not less than 2 weeks beginning on the date of service of the notice) to submit to the Board such document, particulars or other information as is specified in the notice, and

(b) stating that, in default of compliance with the requirements of the notice, the Board will, after the expiration of the period so specified and without further notice to the person, pursuant to section 133 , dismiss or otherwise determine the appeal or referral.

(2) Nothing in this section shall be construed as affecting any other power conferred on the Board under this Act to require the submission of further or additional information or documents.

Powers of Board where notice served under section 131 or 132.

133. —Where a notice has been served under section 131 or 132, the Board, at any time after the expiration of the period specified in the notice, may, having considered any submissions or observations or document, particulars or other information submitted by the person on whom the notice has been served, without further notice to that person determine or, in the case of a notice served under section 132 , dismiss the appeal or referral.

Oral hearings of appeals and referrals.

134. —(1) The Board may, in its absolute discretion, hold an oral hearing of an appeal or of a referral under section 5 .

(2) (a) A party to an appeal or referral under section 5 may request an oral hearing of the appeal or referral.

(b)    (i) A request for an oral hearing of an appeal or referral shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of the request in accordance with section 144 .

(ii) A request for an oral hearing of an appeal or referral which is not accompanied by such fee (if any) as may be payable in respect of the request shall not be considered by the Board.

(c)    (i) A request by an appellant for an oral hearing of an appeal under section 37 shall be made within the appropriate period referred to in that section and any request received by the Board after the expiration of that period shall not be considered by the Board.

(ii) Where a provision of this Act, other than sections 37 and 254(6), authorising an appeal to the Board enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, a request by an appellant for an oral hearing of an appeal may only be made within, or before the expiration of, the specified period or before the specified day and any request for an oral hearing not so received by the Board shall not be considered by the Board.

(iii) A request by a person making a referral or by an appellant under section 254 (6) for an oral hearing of the referral or appeal, as the case may be, shall accompany the referral or appeal, and any request for an oral hearing received by the Board other than a request which accompanies the referral or appeal, shall not be considered by the Board.

(d) A request by a party to an appeal or referral other than the appellant for an oral hearing of an appeal or referral shall be made within the period referred to in section 129 (2)(a) within which the party may make submissions or observations to the Board in relation to the appeal or referral, and any such request received by the Board after the expiration of that period shall not be considered by the Board.

(3) Where the Board is requested to hold an oral hearing of an appeal or referral and decides to determine the appeal or referral without an oral hearing, the Board shall serve notice of its decision on the person who requested the hearing and on each other party to the appeal or referral and on each person who has made submissions or observations to the Board in relation to the appeal or referral.

(4) (a) A request for an oral hearing may be withdrawn at any time.

(b) Where, following a withdrawal of a request for an oral hearing under paragraph (a), the appeal or referral falls to be determined without an oral hearing, the Board shall give notice to each other party to the appeal or referral and to each person who has made submissions or observations to the Board in relation to the appeal or referral.

Supplemental provisions relating to oral hearings.

135. —(1) The Board or an employee of the Board duly authorised by the Board may assign a person to conduct an oral hearing of an appeal or referral on behalf of the Board.

(2) The person conducting an oral hearing of any appeal or referral shall have discretion as to the conduct of the hearing and, in particular, shall—

(a) conduct the hearing without undue formality,

(b) decide the order of appearance of persons at the hearing,

(c) permit any person to appear in person or to be represented by another person,

(d) hear a person other than a person who has made submissions or observations to the Board in relation to the appeal or referral where it is considered appropriate in the interests of justice to allow the person to be heard.

(3) A person conducting an oral hearing of any appeal or referral may require any officer of a planning authority to give to him or her any information in relation to the appeal or referral which he or she reasonably requires for the purposes of the appeal or referral, and it shall be the duty of the officer to comply with the requirement.

(4) A person conducting an oral hearing of any appeal or referral may take evidence on oath or affirmation and for that purpose may administer oaths or affirmations, and a person giving evidence at any such hearing shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(5) (a) Subject to paragraph (b), the Board in relation to an oral hearing of any appeal or referral may, by giving notice in that behalf in writing to any person, require that person to do either or both of the following:

(i) to attend at such time and place as is specified in the notice to give evidence in relation to any matter in question at the hearing;

(ii) to produce any books, deeds, contracts, accounts, vouchers, maps, plans, documents or other information in his or her possession, custody or control which relate to any such matter.

(b) Where a person is given a notice under paragraph (a):

(i) the Board shall pay or tender to any person whose attendance is required such reasonable subsistence and travelling expenses to be determined by the Board in accordance with the rates for the time being applicable to senior planning authority officials;

(ii) any person who in compliance with a notice has attended at any place shall, save in so far as the reasonable and necessary expenses of the attendance have already been paid to him or her, be paid those expenses by the Board, and those expenses shall, in default of being so paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

(6) Every person to whom a notice under subsection (5) has been given who refuses or wilfully neglects to attend in accordance with the notice or who wilfully alters, suppresses, conceals or destroys any document or other information to which the notice relates or who, having so attended, refuses to give evidence or refuses or wilfully fails to produce any document or other information to which the notice relates shall be guilty of an offence.

(7) Where any person—

(a) wilfully gives evidence which is material to the oral hearing and which he or she knows to be false or does not believe to be true,

(b) by act or omission, obstructs or hinders the person conducting the oral hearing in the performance of his or her functions,

(c) refuses to take an oath or to make an affirmation when legally required to do so by a person holding the oral hearing.

(d) refuses to answer any question to which the person conducting an oral hearing may legally require an answer, or

(e) does or omits to do any other thing which, if the inquiry had been by the High Court, would have been contempt of that court,

the person shall be guilty of an offence.

(8) (a) An oral hearing may be conducted through the medium of the Irish or the English language.

(b) Where an oral hearing relates to development within the Gaeltacht, the hearing shall be conducted through the medium of the Irish language, unless the parties to the appeal or referral to which the hearing relates agree that the hearing should be conducted in English.

(c) Where an oral hearing relates to development outside the Gaeltacht, the hearing shall be conducted through the medium of the English language, unless the parties to the appeal or referral to which the hearing relates agree that the hearing should be conducted in the Irish language.

Convening of meetings on referrals.

136. —(1) Where it appears to the Board to be expedient or convenient for the purposes of determining a referral under section 34 (5), 96(5) or 193(2), the Board may, in its absolute discretion, convene a meeting of the parties.

(2) The Board shall keep a record in writing of a meeting convened in accordance with this section and a copy of the record shall be placed and kept with the documents to which the referral concerned relates and, where the referral is connected with an appeal, with the documents to which the appeal concerned relates.

Matters other than those raised by parties.

137. —(1) The Board in determining an appeal or referral may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the appeal or referral if the matters are matters to which, by virtue of this Act, the Board may have regard.

(2) The Board shall give notice in writing to each of the parties and to each of the persons who have made submissions or observations in relation to the appeal or referral of the matters that it proposes to take into account under subsection (1) and shall indicate in that notice—

(a) in a case where the Board proposes to hold an oral hearing of the appeal or referral, or where an oral hearing of the appeal or referral has been concluded and the Board considers it expedient to re-open the hearing, that submissions in relation to the matters may be made to the person conducting the hearing, or

(b) in a case where the Board does not propose to hold an oral hearing of the appeal or referral, or where an oral hearing of the appeal or referral has been concluded and the Board does not consider it expedient to re-open the hearing, that submissions or observations in relation to the matters may be made to the Board in writing within a period specified in the notice (being a period of not less than 2 weeks or more than 4 weeks beginning on the date of service of the notice).

(3) Where the Board has given notice, in accordance with subsection (2)(a), the parties and any other person who is given notice shall be permitted, if present at the oral hearing, to make submissions to the Board in relation to the matters which were the subject of the notice or which, in the opinion of the person conducting the hearing, are of relevance to the appeal or referral.

(4) (a) Submissions or observations that are received by the Board after the expiration of the period referred to in subsection (2)(b) shall not be considered by the Board.

(b) Subject to section 131 , where a party or a person referred to in subsection (1) makes submissions or observations to the Board in accordance with subsection (2)(b), that party or person shall not be entitled to elaborate in writing upon those submissions or observations or make further submissions or observations in writing in relation to the matters referred to in subsection (1) and any such elaboration, submissions or observations that is or are received by the Board shall not be considered by it.

Board may dismiss appeals or referrals if vexatious, etc.

138. —(1) The Board shall have an absolute discretion to dismiss an appeal or referral—

(a) where, having considered the grounds of appeal or referral, the Board is of the opinion that the appeal or referral—

(i) is vexatious, frivolous or without substance or foundation, or

(ii) is made with the sole intention of delaying the development or the intention of securing the payment of money, gifts, consideration or other inducement by any person,

or

(b) where, the Board is satisfied that, in the particular circumstances, the appeal or referral should not be further considered by it having regard to—

(i) the nature of the appeal (including any question which in the Board's opinion is raised by the appeal or referral), or

(ii) any previous permission which in its opinion is relevant.

(2) A decision made under this section shall state the main reasons and considerations on which the decision is based.

(3) The Board may, in its absolute discretion, hold an oral hearing under section 134 to determine whether an appeal or referral is made with an intention referred to in subsection (1)(a)(ii).

Appeals against conditions.

139. —(1) Where—

(a) an appeal is brought against a decision of a planning authority to grant a permission,

(b) the appeal relates only to a condition or conditions that the decision provides that the permission shall be subject to, and

(c) the Board is satisfied, having regard to the nature of the condition or conditions, that the determination by the Board of the relevant application as if it had been made to it in the first instance would not be warranted,

then, subject to compliance by the Board with subsection (2), the Board may, in its absolute discretion, give to the relevant planning authority such directions as it considers appropriate relating to the attachment, amendment or removal by that authority either of the condition or conditions to which the appeal relates or of other conditions.

(2) In exercising the power conferred on it by subsection (1), apart from considering the condition or conditions to which the relevant appeal relates, the Board shall be restricted to considering—

(a) the matters set out in section 34 (2)(a), and

(b) the terms of any previous permission considered by the Board to be relevant.

Withdrawal of appeals, applications and referrals.

140. —(1) (a) A person who has made an appeal, a planning application to which an appeal relates or a referral may withdraw, in writing, the appeal, planning application or referral at any time before that appeal or referral is determined by the Board.

(b) As soon as may be after receipt of a withdrawal, the Board shall notify each other party or person who has made submissions or observations on the appeal or referral of the withdrawal.

(2) (a) Without prejudice to subsection (1), where the Board is of the opinion that an appeal or a planning application to which an appeal relates, or a referral has been abandoned, the Board may serve on the person who made the appeal, application or referral, as appropriate, a notice stating that opinion and requiring that person, within a period specified in the notice (being a period of not less than two weeks or more than four weeks beginning on the date of service of the notice) to make to the Board a submission in writing as to why the appeal, application or referral should not be regarded as having been withdrawn.

(b) Where a notice has been served under paragraph (a), the Board may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the Board pursuant to the notice, declare that the appeal, application or referral, as appropriate, shall be regarded as having been withdrawn.

(3) Where, pursuant to this section, a person withdraws a planning application to which an appeal relates, or the Board declares that an application is to be regarded as having been withdrawn, the following provisions shall apply as regards the application:

(a) any appeal in relation to the application shall be regarded as having been withdrawn and accordingly shall not be determined by the Board, and

(b) notwithstanding any previous decision under section 34 by a planning authority as regards the application, no permission shall be granted under that section by the authority on foot of the application.

Time for decisions and appeals, etc.

141. —(1) Where a requirement of or under this Act requires a planning authority or the Board to give a decision within a specified period and the last day of that period is a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the planning authority or the Board are closed, the decision shall be valid if given on the next following day on which the offices of the planning authority or Board, as the case may be, are open.

(2) Where the last day of the period specified for making an appeal or referral is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, an appeal or referral shall (notwithstanding any other provision of this Act) be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.

(3) Where a requirement of or under this Act requires submissions, observations or a request to be made, or documents, particulars or other information to be submitted, to the Board within a specified period and the last day of that period is a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, the submissions, observations or request of documents, particulars or other information (as the case may be) shall be regarded as having been received before the expiration of that period if received by the Board on the next following day on which the offices of the Board are open.

Regulations regarding appeals and referrals.

142. —(1) The Minister may by regulations—

(a) provide for such additional, incidental, consequential or supplemental matters as regards procedure in respect of appeals as appear to the Minister to be necessary or expedient, and

(b) make such provision as regards procedure in respect of referrals as appear to the Minister to be necessary or expedient.

(2) Without prejudice to the generality of subsection (1), regulations under this section may enable the Board where it is determining an appeal under section 37 to invite an applicant and enable an applicant so invited to submit to the Board revised plans or other drawings modifying, or other particulars providing for the modification of, the development to which the appeal relates.

(3) Where plans, drawings or particulars referred to in subsection (2) are submitted to the Board in accordance with regulations under this section, the Board may, in determining the appeal, grant a permission for the relevant development as modified by all or any of the plans, drawings or particulars.

(4) Without prejudice to the generality of subsection (1), the Board may require any party to an appeal or referral to give such public notice in relation thereto as the Board may specify and, in particular, may require notice to be given at the site or by publication in a newspaper circulating in the district in which the land or structure to which the appeal or referral relates is situate.

Board to have regard to certain policies and objectives.

143. —(1) The Board shall, in performing its functions, have regard to the policies and objectives for the time being of the Government, a State authority, the Minister, planning authorities and any other body which is a public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural.

(2) In this section “public authority” means any body established by or under statute which is for the time being declared, by regulation made by the Minister, to be a public authority for the purposes of this section.

Fees payable to Board.

144. —(1) Subject to the approval of the Minister, the Board may determine fees in relation to appeals, referrals, the making of an application under section 37 (5), the making of submissions or observations to the Board under section 130 , and requests for oral hearings under section 134 , and may provide for the payment of different fees in relation to different classes or descriptions of appeals and referrals, for exemption from the payment of fees in specified circumstances and for the waiver, remission or refund in whole or in part of fees in specified circumstances.

(2) The Board shall review the fees determined under subsection (1) from time to time, but at least every three years, having regard to any change in the consumer price index since the determination of the fees for the time being in force, and may amend the fees to reflect the results of that review, without the necessity of the Minister's approval under subsection (1).

(3) For the purposes of this section, “change in the consumer price index” means the difference between the All Items Consumer Price Index Number last published by the Central Statistics Office before the date of the determination under this section and the said number last published before the date of the review under subsection (2), expressed as a percentage of the last-mentioned number.

(4) Where the Board determines or amends fees in accordance with this section, it shall give notice of the fees in at least one newspaper circulating in the State, not less than 8 weeks before the fees come into effect.

(5) Fees determined in accordance with regulations under section 10(1)(b) of the Act of 1982 shall continue to be payable to the Board in accordance with those regulations until such time as the Board determines fees in accordance with this section.

(6) The Board shall specify fees for the making of copies under section 5 (6)(a), not exceeding the cost of making the copies.

Expenses of appeal or referral.

145. —(1) Where an appeal or referral is made to the Board—

(a) the Board, if it so thinks proper and irrespective of the result of the appeal or referral, may direct the planning authority to pay—

(i) to the appellant or person making the referral, such sum as the Board, in its absolute discretion, specifies as compensation for the expense occasioned to him or her in relation to the appeal or referral, and

(ii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the appeal or referral,

and

(b) in case the decision of the planning authority in relation to an appeal or referral is confirmed or varied, if the Board in determining the appeal or referral does not accede in substance to the grounds of appeal or referral or if the Board considers that the appeal or referral was made with the intention of delaying the development or securing a monetary gain by a third party, the Board, if it so thinks proper, may direct the appellant or person making the referral to pay—

(i) to the planning authority, such sum as the Board, in its absolute discretion, specifies as compensation to the planning authority for the expense occasioned to it in relation to the appeal or referral,

(ii) to any of the other parties to the appeal or referral, such sum as the Board, in its absolute discretion, specifies as compensation to the party for the expense occasioned to him or her in relation to the appeal or referral, and

(iii) to the Board, such sum as the Board, in its absolute discretion, specifies as compensation to the Board towards the expense incurred by the Board in relation to the appeal or referral.

(2) Any sum directed under this section to be paid shall, in default of being paid, be recoverable as a simple contract debt in any court of competent jurisdiction.

Reports and documents of the Board.

146. —(1) The Board or an employee of the Board duly authorised by the Board may in connection with the performance of any of the Board's functions under this Act, assign a person to report on any matter on behalf of the Board.

(2) A person assigned in accordance with subsection (1) shall make a written report on the matter to the Board, which shall include a recommendation, and the Board shall consider the report and recommendation before determining the matter.

(3) (a) The documents relating to any appeal or referral or to a decision of the Board under section 175 or Part XIV shall be made available at the offices of the Board for inspection by members of the public and may be made available at such other places as the Board may determine within 3 working days following the relevant decision.

(b) Copies of the documents, and of extracts from such documents shall be made available at the offices of the Board, or such other places as the Board may determine, for a fee not exceeding the reasonable cost of making the copy.

(4) The documents to which subsection (3) applies shall be made available for a period of at least 5 years commencing on the third working day following the decision of the Board in relation to the matter.