COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TERENURE-RATHFARNHAM AREA COMMITTEE 1

Thursday, January 3, 2008

MOTION NO. 6

MOTION: Councillor J. Lahart

"That, not withstanding a previous motion and answer on the subject, this committee reviews the procedure for planning notices with the Terenure Rathfarnham area with particular regard to planning notices hidden from adjoining or adjacent residential areas on which these applications have a material impact."

REPORT:

Following a similar motion placed by Councillor Lahart on this matter a report was given at the May 2007 County Council meeting which indicated that all requirements regarding the erection and display of site notices for planning applications are prescribed in the Planning and Development Regulations 2001-2006 and cannot be changed by the Council.

On foot of a request by the Terenure Rathfarnham Area Committee made at its April 2006 meeting the Council issued a letter to the Department of Environment, Heritage, and Local Government asking that the concerns expressed by the members be considered.

In its response, the Department of the Environment, Heritage, and Local Government has indicated that it is not possible to alter the regulations to expressly require the erection of additional notices where a proposed development is located in proximity to developments to the rear as this would introduce uncertainty into the application process for applicants as to how many site notices would be needed for an application to be valid.

The response also refers to Article 19 (3) of the Planning and Development Regulations 2001-2006 which states the following;

Where a planning authority considers that the erection or fixing of a single site notice is not sufficient to comply with the requirements of sub-articles (1) and (2), 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.

The Planning Department has applied this article with discretion as advised by the Department, but only in the case of large sites which may have long boundaries with public roads/footpaths where the erection of a single notice would be inadequate for the purposes of informing the public.

In cases where a site notice is not placed in a conspicuous position or is in any other respect found not to be in compliance with the regulations, the planning application is invalidated. The Planning Department have already declared approximately 4% of planning applications lodged this year to be invalid on the basis that they were found to not comply with the regulatory requirements applicable to site notices following inspection.

It should be noted that all planning applications made since January 2000 are available on the Council’s website at www.sdublincoco.ie 24 hours per day, 7 days per week and 365 days per year and searches may be made based on applicant, location, or proposed development, and maps and other drawings relating to proposed developments may be viewed. The Council also publishes a list of planning applications received on a weekly basis on its website and is investigating means of making this service available as an email notification facility.