Dáil Éireann Debate, Tuesday - 23 April 2024
354. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage whether he agrees that planning applications for sites within industrial estates should be required to prominently display planning notices at the entrance to the industrial estate rather than within the estate itself. [17442/24]
View answerThe Planning and Development Regulations, 2001, as amended (the Regulations), set out the requirements for site notices when an applicant is applying for planning permission
Article 19(1) of the Regulations requires that a site notice shall be inscribed or printed in indelible ink on a white background, affixed on rigid, durable material and secured against damage from bad weather and other causes, and be securely erected or fixed in a conspicuous position on or near the main entrance to the land or structure concerned from a public road. Where there is more than one entrance from public roads, the notice shall be erected on or near all such entrances, or on any other part of the land or structure adjoining a public road, so as to be easily visible and legible by persons using the public road, and shall not be obscured or concealed at any time.
Furthermore, in accordance with article 19(2) of the Regulations, where the land or structure to which a planning application relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the land or structure so as to be easily visible and legible by persons outside the land or structure, and shall not be obscured or concealed at any time.
In addition, where a planning authority considers that the erection or fixing of a single site notice is not sufficient to comply with the requirements of articles 19(1) and 19(2), or does not adequately inform the public, the authority may require the applicant to erect or fix such further site notice or notices in such a manner and in such terms as it may specify and to submit to the authority such evidence as it may specify in relation to compliance with any such requirements
Article 20 of the Regulations, specifies that a site notice is required to be maintained in position on the land or structure concerned for a period of 5 weeks from the date of receipt of the planning application by the planning authority and is required to be renewed or replaced if it is removed or becomes defaced or illegible within that period and shall be removed by the applicant following the notification of the planning authority decision under article 31.
It is a matter for the relevant planning authority to ensure that the requirements of the Regulations as set out above are complied with. In accordance with Article 26(3) of the regulations, where, following consideration of an application, a planning authority considers that the notice in the newspaper or the site notice, because of its content or for any other reason, is misleading or inadequate for the information of the public, the planning application shall be invalid.
I am satisfied that the current requirements of the Regulations are sufficient to ensure that the public is provided with the opportunity to make submissions and observations in accordance with the principles of public participation in planning legislation. The views of third parties are an important element of the planning process and the current provisions are in accordance with the requirements of the 'Aarhus Convention' on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, which EU member states are obliged to provide for in national law.
Under section 30 of the Planning and Development Act 2000, as amended (the Act), I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.
