Tuesday, 11 May 2021
Department of Housing, Planning, and Local Government
343. To ask the Minister for Housing, Planning, and Local Government the legislative measure and the associated regulation of the Planning and Development Act 2000 which lists or makes reference to the key observations or considerations that must be taken into account when making a planning observation on a proposed development. [24350/21]
Section 34(2) of the Planning and Development Act 2000, as amended (the Act), provides that when making a decision on a planning application, a planning authority shall be restricted to considering the proper planning and sustainable development of the area in which a development is proposed, with regard being also had to the following factors:
- the provisions of the development plan,
- any guidelines issued by the Minister under section 28 of the Act,
- the provisions of any special amenity area order relating to the area,
- any European site or other area prescribed for the purposes of section 10(2)(c) of the Act,
- where relevant, the policy of the Government, the Minister or any other Minister of the Government,
- conditions under section 34(4) of the Act that may be required if granting planning permission,
- previous developments by the applicant which have not been satisfactorily completed,
- previous convictions against the applicant for non-compliance with the Act, the Building Control Act 2007 or the Fire Services Act 1981,
- any other relevant provision or requirement of the Act, and any regulations made thereunder,
- where relevant, specific planning policy requirements of guidelines issued by the Minister under section 28 of the Act, and
- the views of any other planning authority where it is considered that a particular decision may have a significant effect on the area of any such planning authority, or the effect that a particular decision may have on any area outside its area, including areas outside the State.
Section 34(3)(b) of the Act provides that a planning authority shall, when considering an application for permission, also have regard to any written submissions or observations concerning the proposed development made to the planning authority in accordance with the Planning and Development Regulations 2001, as amended (the Regulations).
In this connection, article 28 of the Regulations provides that a planning authority shall give notice of a planning application to designated prescribed bodies where the application relates to proposed development or activities which may have particular impacts on local amenities, areas or sectors. The giving of notice in this regard shall include a copy of the planning application in question, a location map, the date of receipt of the planning application and notice of the requirement that any submissions or observations in relation to planning application concerned should be made to the planning authority within 5 weeks of the date of receipt of the planning application.
Furthermore, article 29 of the Regulations 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 the period of 5 weeks beginning on the date of receipt by the authority of the application. Any submission or observation received shall state the name of the person or body making the submission or observation and indicate the address to which any correspondence relating to the application should be sent.