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Dáil Éireann díospóireacht -
Tuesday, 1 Jun 1982

Vol. 335 No. 3

Written Answers. - Planning Permission.

832.

asked the Minister for the Environment if he is aware of the anomaly in the Planning Acts which deprive objectors of their rights when an applicant gets planning permission by default due to the failure of the local authority to reply to an applicant within the statutory period; and the steps he proposes to take to eliminate this anomaly.

I am aware that where a planning permission or approval is regarded as having been given by default — due, typically, to oversight on the part of the planning authority — objectors may not be advised of the fact. This is not to say that they are deprived of the right of appeal. The right of appeal remains and its exercise can be safeguarded by an objector who is prepared to keep in touch with the processing of an application, by using the information in the planning register and by making inquiries.

I am not aware that there is a large problem in this area or that special steps are called for. It is of course very undesirable that planning decisions should go by default. Planning authorities would be expected to take all possible steps to prevent that happening or, if it did happen, to prevent it recurring.

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