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Planning Issues

Dáil Éireann Debate, Tuesday - 22 January 2019

Tuesday, 22 January 2019

Questions (679)

Catherine Martin

Question:

679. Deputy Catherine Martin asked the Minister for Housing, Planning and Local Government the consequences for the legality of a grant of planning permission for a site if there was an element of fraud in the application that was discovered after the grant of planning permission, for example, if the document outlining the consent of the owner of the site to the planning application being sought was not genuine; and if he will make a statement on the matter. [2563/19]

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Written answers

The legal interest of an applicant for planning permission in the land or structure concerned has to be stated in the completed planning application form. Where the applicant is not the owner of the land or structure, the name and address of the owner has to be stated on the planning application form. The written consent of the owner to the party making the planning application must also be submitted as part of the application.

The planning process operates on the expectation that applicants and those representing them provide decision makers with true and correct information upon which the planning authority can base its decision.

Furthermore, an applicant for planning permission or an agent acting on behalf of the applicant is required to sign a declaration as part of the planning application form, stating that to the best of their knowledge and belief, the information provided on the completed form is correct and accurate and fully compliant with the 2000 Act and Regulations made thereunder.

Any dispute arising between the owner of land and the applicant for planning permission in relation to the use of land is a civil matter and not one in which I as Minister, or the planning authorities have any function. Section 34(13) of the Planning and Development Act 2000 makes it clear that a person shall not be entitled solely by reason of a permission granted under that section to carry out any development.

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