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Planning Issues

Dáil Éireann Debate, Tuesday - 20 November 2018

Tuesday, 20 November 2018

Questions (653)

Catherine Martin

Question:

653. Deputy Catherine Martin asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the practice of developer and-or owners of housing developments requiring that new buyers sign an agreement not to object to applications for changes to planning permissions to the developments; his views on whether this is good planning practice; and if his attention has been further drawn to the prevalence of the practice. [47925/18]

View answer

Written answers

My Department has not been informed of any instances of the practice described by the Deputy.

Public participation is a crucial element of all substantive decision-making processes under the Planning and Development Act 2000, as amended, having regard to the requirements of the Aarhus Convention on Access to Information, Public Participation in decision-making and Access to Justice in Environmental Matters and the EU Environmental Impact Assessment Directive. Thus, any member of the public is entitled to make observations or a submission on a planning application, and, where he or she does so, is entitled to

- have his or her observations or submission considered by the planning authority,

- be notified of the authority’s decision on the application,

- appeal the authority’s decision on the application to An Bord Pleanála or make observations or a submission to the Board in relation to an appeal of that decision, and

- withdraw in writing an appeal that he or she has made at any time before the appeal is determined by the Board, without any requirement to state the reason for the withdrawal.

In considering planning applications or appeals, a planning authority or the Board is required to consider the proper planning and sustainable development of the area concerned and the prospective effects on the environment of the proposed development, having regard to a range of matters specified in legislation, including observations or submissions made by members of the public.

Under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. 

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