Written answers

Tuesday, 31 May 2011

Department of Environment, Community and Local Government

Planning Issues

9:00 pm

Photo of Dominic HanniganDominic Hannigan (Meath East, Labour)
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Question 233: To ask the Minister for the Environment, Community and Local Government the amount of time that an objector to planning permission has to comment on further information once they receive a letter notifying them that further information has been sought and received by the council; the onus that is on the planning permission applicant to put the notice of further information in the paper so that the community is aware of the latest development on the planning application; the length of time a council has to make a decision on receipt of further information from a planning applicant; and if he will make a statement on the matter. [13648/11]

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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Under Articles 35(1)(a) and 35(1)(b) of the Planning and Development Regulations 2001 to 2011, where a planning authority deems that further information received by it in connection with a planning application contains significant additional data, it must require the applicant to erect a site notice and publish a notice in an approved newspaper publicising the fact of the further information and the fact that submissions or observations may be made in writing to the planning authority not later than 2 weeks after receipt by the planning authority from the applicant (as also required by the Regulations) of copies of the site and newspaper notices in question, or not later than 5 weeks in the case of an application accompanied by an Environmental Impact Statement.

Article 35(1)(d) of the Regulations also provides that where significant further information is received, a planning authority must, as soon as possible, notify any person who made a submission or observation in relation to the original planning application, informing him/her that an additional submission or observation in relation to the further information may be made in writing to the authority not later than 2 weeks after receipt of the newspaper notice and site notice by the planning authority.

Under Section 34 (8)(b) and (c) of the Planning and Development Act 2000, as amended, where a planning authority, within 8 weeks, serves notice on the applicant requiring the submission of further information, the authority must make its decision on the application within 4 weeks of the receipt of the further information (8 weeks in the case of an application accompanied by an environmental impact statement); or if the planning authority considers that the further information submitted contains significant additional data which would require publication by way of newspaper and site notices, in accordance with the Planning Regulations, within 4 weeks of copies of those newspaper and site notices being given to the planning authority.

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