The facility for any member of the public to participate in the planning process by making an observation or a submission on a planning application is a fundamental and long-standing feature of the planning system in this country. In the Planning and Development Act 2000 increased rights were given to third parties in that planning authorities are statutorily obliged to acknowledge submissions on planning applications and to consider those submissions before making decisions on the applications. Persons who make submissions are also entitled to be notified of any new information provided, and to be notified of the decision of the planning authority. These increased rights were introduced in tandem with the €20 fee for making a submission or observation, the aim of which was to contribute to the increasing costs for planning authorities in administering the development consent system, while not discouraging public participation in the process.
In relation to planning appeals, the position is that any person who made a submission on the planning application may appeal the decision of a planning authority on the application to An Bord Pleanála, the independent statutory appeals board. There is, however, also a fee for making an appeal - currently €220. When an appeal is made to An Bord Pleanála any person may make a submission on it for a fee of €50.
It should also be noted that the Board has discretion to dismiss an appeal where it is satisfied the appeal is vexatious, frivolous or without substance or foundation or where the appeal is made with the sole intention of delaying development or of securing the payment of money, gifts, considerations or other inducement by any persons. Planning legislation therefore permits a person to make observations, or appeal the decision, in relation to any number of planning applications (subject of course to the payment of the appropriate fee). However I do not see that is any reason to amend the current provisions.
The views of third parties are part of the planning process and, in any case, are only one of the matters considered by a planning authority when considering the planning application. In making decisions on planning applications, planning authorities, and An Bord Pleanála on appeal, must consider the proper planning and sustainable development of the area, having regard to a number of matters including the provisions of the development plan, any submissions or observations received and relevant Ministerial or Government policies, including any guidelines issued by my Department.
In relation to retention permission, under the Planning Acts all development, unless specifically exempted under the Acts or associated Regulations, requires planning permission. Any development that is carried out without planning permission, or that does not comply with the terms of a planning permission, is unauthorised development, and may be subject to enforcement action by a planning authority.
Planning authorities have substantial enforcement powers and duties under the Planning Acts. A planning authority must issue a warning letter in relation to written complaints regarding unauthorised development, or other unauthorised development it becomes aware of (except in the case of trivial or minor development). There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued or a court order should be sought, under section 160 of the 2000 Act. Where a planning authority establishes, following an investigation, that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out, and the person who has carried out the development has not proceeded to remedy the position, then the planning authority must issue an enforcement notice or seek a court order, unless there are compelling reasons for not doing so.
An application for retention permission is required to be assessed by a planning authority in the same way as any other application, that is the planning authority is required to consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant Ministerial or Government policies, including any guidelines issued by my Department.
