Jack Wall (Kildare South, Labour)
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Question 211: To ask the Minister for the Environment, Heritage and Local Government the section of the Planning and Development Act, 2000 under which a person can appeal a decision to ensure the protection of the residential water source of their home (details supplied); and if he will make a statement on the matter. [27911/07]

John Gormley (Dublin South East, Green Party)
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The Planning Code provides for extensive public notification of proposed development. It is a general requirement that a valid application for planning permission must be advertised by site notice and newspaper notice. The site notice must state, inter alia, that the planning application may be inspected or purchased at the offices of the planning authority, and that submissions or observations in relation to the application may be made to the authority in writing on payment of the prescribed fee within the 5 week period beginning on the date of the receipt by the planning authority of the application. A notice of the proposed development must also be published in an approved local or national newspaper. This must also set out details in relation to the inspection of planning applications and the making of submissions and observations.

Ordinarily an appeal on a decision of a planning authority decision can be made only by the applicant, or an individual or group who made submissions or observations in writing to the planning authority in relation to the planning application in accordance with permission regulations. However, an exception is provided for persons with an interest in land adjoining the site which is the subject of the application. Section 37(6)(a) of the 2000 Act provides that a landowner/occupier on the site adjoining the application site may apply to the Board for leave to appeal the decision of the planning authority, within four weeks of the decision, even without having made submissions or observations to the planning authority in the first instance.

It is also possible for an individual to apply to the High Court for leave to seek a judicial review of a planning decision. Leave must usually be sought within eight weeks of the decision, and the High Court may only grant leave where it is satisfied that there are substantial grounds for contending that the decision is invalid or should be quashed. The person seeking leave must also have a substantial interest in the decision and have participated in the decision making process or had good and sufficient reasons for not doing so.