Written answers
Tuesday, 24 November 2009
Department of Environment, Heritage and Local Government
Planning Issues
9:00 pm
Ruairi Quinn (Dublin South East, Labour)
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Question 442: To ask the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 202 of 12 November 2009 if it is his intention that the Planning and Development Regulations 2001 would permit an applicant to respond, outside the five week limit, to a submission or observation received on the final day or days of the period for submissions, but too late to make a response within the five week limit; if not if he will amend the regulations to permit such a response by an applicant; and if he will make a statement on the matter. [43079/09]
John Gormley (Dublin South East, Green Party)
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As stated in reply to Question No. 202 of 12 November, it is my Department's view that the Planning and Development Regulations 2001, as amended, allow an applicant to make a further observation outside the five-week period for making submission or comment in relation to his/her planning application. The interpretation of the Regulations is a matter for the planning authority and ultimately may be a matter for the courts in any case coming before them.
I will give consideration to whether this issue requires further clarification when the Regulations are next updated.
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