COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 08, 2014
MOTION NO. 7
MOTION: Councillor M. Devine
That this Council establish a protocol for residents involvement in the Planning application process. Presently the only obligation is to meet with potential developers in the pre-planning stage. Residents and Communities have no recourse to any meeting to discuss their needs and suggestions.
REPORT:
Control of development is legislated for in the Planning & Development Act 2000 (as amended). Under this legislation there is a process whereby members of the public may make submissions/observations on applications for permission and after the decision is made there is a process, subject to conditions, whereby that decision may be appealed to An Bord Pleanala.
Legislation & Regulations require the public advertising (site notice & newspaper notice) of any application for permission that includes a description of the proposed development to ensure widespread awareness of any proposed development. These requirements must be met for the planning application to be valid.
Members of the public are advised in these notices that submissions/observations may be made on payment of the prescribed fee and within the prescribed period.
Section 247 of the Planning & Development Act 2000 (as amended) provides inter alia for consultation in relation to proposed development. A person who has an interest in land and who intends to make a planning application may, with the agreement of the planning authority concerned (which shall not be unreasonably withheld), enter into consultations with the planning authority in order to discuss any proposed development in relation to the land and the planning authority may give advice to that person regarding the proposed application.
The making of a decision on an application for planning permission is a quasi-judicial process and accordingly the process must be followed as laid down under legislation and regulation. It is not within the remit of a planning authority to establish a protocol as described in the motion.