I do not consider that planning legislation should be amended to prevent an applicant who has been refused planning permission in respect of a particular development proposal from subsequently submitting a modified planning application, even if it could be considered somewhat similar or substantially the same as a previous planning application.
This approach is considered to be reasonable as any subsequent planning application in respect of a specific development proposal will in all probability differ in certain material respects from any previously submitted planning application that has previously been considered and refused. In addition, the circumstances relating to any particular development proposal can change over time, such as changes to national policy or the development plan for the functional area of the relevant planning authority which may impact on the policy approach to be adopted in relation to the determination of decisions on specific forms of development in the functional area concerned.
Under planning legislation, any person may make a submission or observations in respect of an individual planning application, including an application for a strategic infrastructure development (SID) proposal. When making its decision in respect of a SID planning application , or in respect of subsequent applications made in relation to the same site, An Bord Pleanála is required, in each case, to consider the proper planning and sustainable development of the area concerned; all submissions or observations received from the public and the statutory consultees; as well as the county or city development plan - or local area plan where one exists - for the area concerned.
I consider that the current arrangements provide for the right of all parties to participate in the planning process in respect of individual development proposals in an open and transparent manner and for their views to be appropriately taken into account at all stages of the process. Accordingly as indicated, I do not propose to change the current arrangements in this regard.