Alan Kelly (Tipperary North, Labour)
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Section 32 of the Planning and Development Act 2000, as amended, sets out the general obligation to obtain planning permission in relation to development and section 33 of the Act provides that regulations may be made in relation to the procedure and administration regarding applications for permission to include, inter alia, public consultation. Article 18 and 19 of the Planning and Development Regulations 2001– 2015 specify requirements in relation to both publishing notice in a newspaper and displaying notice of an application for planning permission, respectively.

In relation to a newspaper notice, Article 18 provides that a notice must be placed in an approved newspaper and that “each planning authority shall approve a list of the newspapers, including national papers, it considers have a sufficiently large circulation in its functional area”. In relation to a site notice , Article 19 (3) provides that “where a planning authority considers that the erection or fixing of a single site notice is not sufficient or does not adequately inform the public, the authority may require the applicant to erect or fix such further site notice or notices in such a manner and in such terms as it may specify and to submit to the authority such evidence as it may specify in relation to compliance with any such requirements” .

Article 20 further requires that a site notice shall be maintained in position for a period of 5 weeks from the date of receipt of the planning application by the planning authority. Such notices are required to advise that details of the planning application are available for public inspection and any person may make a submission or observation to the planning authority concerned on the planning application during this time.

In a similar way, Part 8 of the Planning and Development Regulations 2001, as amended, sets out the requirements and procedures relating to local authority own developments. These procedures also allow for public notice (in a newspaper and on site), public consultation with prescribed bodies, the public display of plans and other documentation, the receipt of submissions or observations for a period of 8 weeks from the public notice, with the proposed development being ultimately subject to the will of the elected members of the local authority concerned. 

Having regard to the need to consult with the public in relation to proposed developments, I consider that the current provisions and procedures set out in the planning code in this regard are reasonable and appropriate and I have no plans to amend them at this point in time.