COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, April 14, 2008
HEADED ITEM NO. 2(g)
Report Terenure/Rathfarnham Area Committee (1) - 1st April 2008
Dealing with Roads, Planning (1 report - Emergency Motion Passed), Development and Corporate Services
The following motion was passed at the Terenure/Rathfarnham Area Committee Meeting(1) of 1st April 2008 under the suspension of standing orders.
Emergency motion for submission to South Dublin County Council Meeting
“That this Council fully examines and reviews all its procedures for the supply of information in regard to planning matters to ensure that inaccurate information is not supplied to members of the public. This should be done as a matter of urgency in light of the mistake made in relation to closing dates, which could have affected the residents wishing to make submissions on the Landys Ind. Estate/Knocklyon Service Station planning application.”
Proposer: Cllr Colm Brophy
Report:
In 2007 the Planning Department issued over 2500 decisions in respect of planning applications and the various types of other applications we receive (Fire Certificates, Declarations of Exemption, Compliances etc).
Over 2,000 submissions were made in respect of planning applications since the start of 2007. An average of at least 2 notifications per third party issued in respect of each submission. Therefore a minimum total of 4,000 notifications issued to third parties in respect of these submissions. In the case of applications where additional information was requested, received and re-advertised the total number of submissions could be as high as 6 notifications per third party. If the application is appealed the number of notifications would be up to 7 per third party. The Council was notified in respect of 227 appeals in 2007 alone and 363 planning applications involved the requesting of further information. The figure of 4000 notifications is therefore a very conservative estimate.
In respect of one particular planning application, SD07A/0977, the notifications issued to the 18 third parties, are alleged to have caused confusion and unintentionally misled some members of the public.
The main body of the letters stated:
“I wish to inform you that Additional Information was received in respect of the above proposal on 14-Mar-2008. This submission may be inspected or purchased at the Planning Department which is open daily Monday to Friday, from 9.00 a.m. to 4.00 p.m. inclusive or on the Councils website www.southdublin.ie under the link for Planning applications on the homepage.
It has now been deemed that the information submitted contains significant additional data requiring the re-advertisement of the application. Accordingly a further submission/observation in relation to the further information may be made by you, in writing, within a period of up to 2 weeks from the date that the additional information was received. No fee is payable in respect of this submission.”
This information was correct.
However, in the area of the letter entitled “date received” two dates were shown, viz. 4th January 2008 and 17th March 2008.
It has been suggested that this led to some confusion as to when exactly the further information was submitted, and the final date for third party submissions.
Three of the third parties lodged submissions within the correct time period.
Others however sought to lodge the submissions outside the statutory date (14 days from receipt of the additional information 14th March, i.e. 27th March)
As soon as the typographical error contained in the notifications became apparent the submissions were accepted and acknowledged. No right of appeal was affected.
The notifications templates have been altered to prevent a recurrence.
This Council supplies large volumes of information in respect of planning applications. Full planning applications can be viewed on the Council website, submission expiry dates are displayed on the Council website since November 2007, the notifications issuing to third parties advise on how to access information on the site, and there is a facility to register email addresses against applications in order to receive automatic notifications generated through the website.
This last facility was used by a number of third parties in relation to the aforementioned planning application.
Notwithstanding the number of applications efficiently processed annually, the thousands of customers dealt with, the accuracy and timeliness of information issued to the public and the wide availability of information generally from this Council, the Planning Department is regularly reviewing and developing services in the interests of greater efficiency in the processing of applications and the provision of information to the public.
Permission was refused on Thursday last, 10th April, for the proposed development at Knocklyon Service Station.