Planning authorities are required to determine the validity or otherwise of individual planning applications submitted to them in accordance with the Planning and Development Act 2000, as amended, the Planning and Development Regulations 2001 to 2015, while also having regard to Ministerial guidelines issued under section 29 of the 2000 Act. It is a matter, therefore, for applicants for planning permission to ensure that they comply with all statutory requirements in order to minimise the time taken to make decisions on their applications.
Cork County Council has informed my Department that the first planning application in the case referred to was invalid because of failure to comply with the following notice requirements prescribed under the Planning and Development Regulations:
- Article 239(b): A newspaper notice relating to a planning application accompanied by a Natura impact statement must specify that the statement will be available for inspection or purchase at a fee not exceeding the reasonable cost of making a copy during office hours at the office of the planning authority concerned;
- Article 19(1)(b) and (4): A site notice in respect of proposed development on a site must generally be inscribed or printed on a white background. [The site notice for this planning application was inscribed or printed on a yellow background, which is a requirement only in the case of a second application where a valid planning application was made within the preceding 6 months in respect of the same site, or part of the same site.]
