Written answers

Tuesday, 26 April 2016

Department of Environment, Community and Local Government

Planning Issues

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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445. To ask the Minister for Environment, Community and Local Government if prescribed bodies or stakeholders are permitted to lodge objections to planning applications outside the five-week period for submissions and observations; and if he will make a statement on the matter. [8290/16]

Photo of Alan KellyAlan Kelly (Tipperary, Labour)
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Article 29(1) of the Planning and Development Regulations 2001 to 2015 provides that any person or body, on payment of the prescribed fee, may make a submission or observation in writing to a planning authority in relation to a planning application within five weeks beginning on the date of receipt by the authority of the application. Article 29(3) of the Regulations provides that where a submission or observation is received after the period of 5 weeks beginning on the date of the application, the planning authority shall return to the person or body concerned the submission or observation received and the fee and notify the person or body that their submission or observation cannot be considered by the planning authority.

Article 28(6) of the Regulations provides that where a prescribed body to whom notice of a planning application has been sent by a planning authority does not make a submission or observation in relation to the application within a period of 5 weeks beginning on the date of receipt by the planning authority of the application, the authority may determine the application without further notice to that body. However, in contrast to the position in relation to submissions or observations made by persons or bodies other than prescribed bodies, there is no statutory prohibition on the submission by prescribed bodies of submissions or observations on a planning application following the expiry of the 5-week period referred to above, or on the planning authority taking into consideration after that 5 week period any submissions or observations from a prescribed body in relation to a planning application where it has not already made a determination on the application in question.

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