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Planning Issues

Dáil Éireann Debate, Tuesday - 25 March 2014

Tuesday, 25 March 2014

Questions (725, 726, 727, 728)

Maureen O'Sullivan

Question:

725. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will introduce regulations to limit to a lifetime total number of three, the number of occasions on which planning permission by way of retention may be granted to an applicant, whether personal or corporate; and if he will make a statement on the matter. [14127/14]

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Maureen O'Sullivan

Question:

726. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will support the introduction of a requirement that applicants for planning permission, whether personal or corporate be required to include with the application a statutory declaration of all previous grants of planning permission by way of retention, with any omission from the declaration rendering the accompanying application void; and if he will make a statement on the matter. [14128/14]

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Maureen O'Sullivan

Question:

727. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will support the introduction of a requirement, applicable to all corporate applicants for planning permission, whereby an application for planning permission include a statutory declaration of all previous grants of planning permission by way of retention to the corporate body concerned or to any corporate body of which a Director of the corporate body concerned was a Director at the material time, with any omission from the declaration rendering the accompanying application void; and if he will make a statement on the matter. [14129/14]

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Maureen O'Sullivan

Question:

728. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government if he will support the introduction of a regime whereby any application for planning permission be referred by the planning authority to An Bórd Pleanála where the applicant, whether person or corporate, has on three previous occasions benefitted from planning permission by way of retention application void; and if he will make a statement on the matter. [14130/14]

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Written answers

I propose to take Questions Nos. 725 to 728, inclusive, together.

Section 35 of the Planning and Development Act 2000, as amended, provides that a planning authority may refuse planning permission in a case where having regard to any information available to it, it is satisfied that the planning applicant or a connected person is not in compliance with a previous permission, has carried out a substantial unauthorised development, or has been convicted of an offence under the Planning Act, and the planning authority consequently forms the opinion that there is a real and substantial risk that the development in respect of which permission is sought would not be completed in accordance with such permission.

The applicant may apply to the High Court for an order annulling the planning authority's decision and on the hearing of such application, the High Court may, as it considers appropriate, confirm the decision of the authority, or annul the decision and direct the authority to consider the applicant's application for planning permission.

It should also be noted that since 2011, it is no longer possible to make retention applications in respect of developments which would require environmental impact assessment or appropriate assessment.

I do not consider it necessary to introduce legislation to limit the number of grants of retention permission that may be granted to a person or a body corporate.

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