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Planning Issues

Dáil Éireann Debate, Tuesday - 8 April 2014

Tuesday, 8 April 2014

Questions (373)

Noel Grealish

Question:

373. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government if a recent planning application to Galway County Council (details supplied) which was appealed to An Bord Pleanála by Keep Ireland Open is a valid appeal, even through Keep Ireland Open was not involved in the original objection to Galway County Council; if Keep Ireland Open can make such an appeal directly to An Bord Pleanála under current legislation; and if he will make a statement on the matter. [16255/14]

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Written answers

Under section 37 of the Planning and Development Act 2000, as amended, only an applicant for permission or any person who made submissions or observations in writing in relation to the planning application to the planning authority, in accordance with the permission regulations and on payment of the appropriate fee, may appeal to the Board against a decision of a planning authority on a planning application. However the section also provides for the following exceptions to this provision. A prescribed body who is entitled to be given notice of a planning application, and who was not sent notice in accordance with the regulations, is entitled, within the appropriate period, to appeal a decision of the planning authority on the application. A body or organisation, the aims or objectives of which relate to the promotion of environmental protection, and which has, during the period of 12 months preceding the making of the appeal, pursued those aims or objectives, is entitled, within the appropriate period, to appeal against a decision by a planning authority on a planning application for development in respect of which an environmental impact statement was required to be submitted to the planning authority in accordance with section 172 of the 2000 Act. A person who has an interest in land adjoining land in respect of which a decision to grant permission has been made may apply to the Board for leave to appeal against a decision of the planning authority within the appropriate period. The application of these provisions in individual cases is a matter for An Bord Pleanála.

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