Dáil Éireann Debate, Wednesday - 24 September 2014
179. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the avenues available to a person who wishes to dispute a planning decision which directly affects their property; and if he will make a statement on the matter. [35972/14]
View answerSection 37 of the Planning and Development Act 2000, as amended, provides that any person who made a submission on a planning application may appeal the decision of a planning authority on that planning application to An Bord Pleanála. Furthermore, a person who has an interest in land adjoining the land in respect of which a decision to grant permission has been made, who did not make a submission on the planning application, may apply to the Board for leave to appeal against a decision of the planning authority to grant planning permission.
An Bord Pleanála, in determining a planning appeal, reviews the entire case having regard to the same matters as the planning authority was required to have regard to and as if the planning application was made to the Board in the first instance. Having reviewed the case, the Board reaches its own conclusion in accordance with the proper planning and sustainable development of the area.
In addition, under section 50 of the Act, a person may question the validity of any decision made by a planning authority, or the Board, by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986). This leave may be granted where the Court is satisfied that there are substantial grounds for contending that the decision or act concerned is invalid or ought to be quashed, and the applicant has a sufficient interest in the matter which is the subject of the application.
