Wednesday, 16 January 2019

Ceisteanna (252)

Martin Ferris


252. Deputy Martin Ferris asked the Minister for Housing, Planning and Local Government the measures an individual can take to remove an association between them and planning applications made in their name without their knowledge. [1832/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Housing)

Any person who has reason to believe a planning application has been made in their name without their consent should immediately bring the matter to the attention of the relevant planning authority, who will decide what course of action is appropriate.

Notwithstanding the foregoing, section 34(13) of the Planning and Development Act 2000, as amended (the 2000 Act), provides that a person shall not be entitled solely by reason of a permission granted under that section to carry out any development. 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 2000 Act 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 2001-2018 (the 2001 Regulations). These requirements include the need to publish a newspaper notice and erect a site notice in respect of a proposed development before submitting a planning application to the planning authority.

In addition and 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.