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Dáil Éireann debate -
Tuesday, 27 Jun 2000

Vol. 522 No. 2

Written Answers. - Planning Applications.

Enda Kenny

Question:

295 Mr. Kenny asked the Minister for the Environment and Local Government the rights of individuals who wish to object to a local authority planning decision; if such persons are entitled to have access to and acquire copies of the full planning file including interval local authority proposals prior to the decision being made; if copies of a recommendation to approve a proposal should be retained on a file where a contrary decision was made under managerial authority; and if he will make a statement on the matter. [18035/00]

The law governing the planning system is set out in the Local Government (Planning and Development) Acts, 1963 to 1999, and the Local Government (Planning and Development) Regulations, 1994 to 2000. Article 34 of these regulations provides that any person or body may make submissions or observations in writing to a planning authority in relation to a planning application.

Article 36 provides that an individual is entitled to view, free of charge, all documents submitted with a planning application at the planning authority's office during office hours from the date of receipt of the application until the decision made on it. These documents include 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. Internal reports on the application, prepared by or on behalf of the planning authority, are available for inspection or for copying once the planning authority decision has been made.

The full file on any planning decision, including any report submitted to the manager, is available for public inspection for the life of the permission, usually five years, unless extended. Many planning authorities keep older files available but charge a fee for retrieving them from their archives. Copies of documents from any planning file can be purchased for a reasonable fee related to copying costs.
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