Tuesday, 5 March 2019

Questions (591)

Catherine Martin

Question:

591. Deputy Catherine Martin asked the Minister for Housing, Planning and Local Government if he will consider making regulations requiring a person signing a consent form for a planning application on their land to provide contact details in order that the council can contact them to ascertain if the consent is genuine or not; and if he will make a statement on the matter. [10506/19]

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Written answers (Question to Housing)

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, and the written consent of the owner to the making of the planning application must also be submitted as part of the application.

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 Planning and Development Act 2000, as amended, and Regulations made thereunder.

In considering a planning application, it is a matter for the planning authority to decide if the information it receives is correct, accurate and fully compliant with planning legislation.  A planning authority may invalidate an application if it does not comply with the relevant requirements under the Planning and Development Regulations 2001-2019. 

In addition, where considered necessary, a planning authority may request further information in relation to a planning application, and also further request clarification of that information, under the 2001 Regulations. Such a request may include the submission of any information from the applicant concerning any estate or interest in or right over land, which the authority considers necessary to enable it to deal with the application, or any evidence, which the authority may reasonably require, to verify any particulars or information given in, or in relation to, a planning application.

I consider that the current Regulations provide sufficient safeguards to protect the interests of landowners in this regard. Where a landowner has reason to question the validity of a decision on a planning application, there are procedures available for appealing the decision of a local authority to An Bord Pleanála and for Judicial Review in the Courts.