Dáil Éireann Debate, Tuesday - 19 May 2015
464. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his plans to require local authorities to refuse planning permission to developers who have been responsible for serious breaches of planning regulations previously; and if he will make a statement on the matter. [19216/15]
View answerSection 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 Acts, 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.
