Planning Law - Can I make an observation on Further Information?

D

daithi28

Registered User
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104
Hi all,

I'm getting a difference of opinion on this one, depending on which Planning Authority I phone.

My query is;

A planning application has been lodged and I made an observation in the 1st 5 weeks and paid my €20 fee.
The application when on Further Information on a number of minor matters.
The Further Information has now been lodged and I wish to make a comment on the FI.
The Further Information has not been deemed 'significant' by the Planning Authority, hence no new newspaper notices etc.
I've been told by the planning office that I cannot make an observation on the FI as it's not a significant FI.

I was under the impression that I could make a submisison on the FI even if it isn't significant, if I'd made a submisison in the 1st instance (1st 5 weeks). I thought it's only those who have never made a submission in the 1st 5 weeks that cannot make a submission on non-significant FI.

However, I cannot find anything in the Regs to substantiate this. I've phoned 5 local authority planning offices; 3 said no I can't submit an observation on non-significant FI and 2 have said of course I can make a submisison on non-significant FI!

Can anybody provide me with info on what Article in the Regs would permit an observation?

Thanks
 
2 points occur:
1: why not just send in the observations on the FI, by registered post perhaps.

2: If they decide to ignore it so be it, the 20 euro fee is really to let you go to ABP following a grant of planning and is not really relevant here at the pre decision FI 'loop' stage.
 
Less than clearly worded advisory pages can sometimes breed confusion.
After I read the below link from Meath County Council I had to ring Dun Laoghaire-Rathdown County Council to get clarity on the matter.

[broken link removed]

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The position as I understand it is this -

A persons who makes an initial observation within the 5-week period following the lodgement of a planning application may submit an observation within two weeks of the date of lodgement of the further information submission.
Anyone who did not make the initial observation cannot make an observation.

People are sometimes caught out by the short timescale - two weeks not five weeks.

-------------------------------------

Where significant further information is submitted new public notices are required - the notices define the information as "significant" - if there are no notices is not deemed significant.
If new public notices are issued then a person can make an observation on payment of the prescribed fee within two weeks after the date of receipt of the newspaper notice and site notice by the planning authority.

-------------------------------------

When speaking to a local authority representative its important to draw the distinction between the two cases cited above.

I should also underline that I haven't traced the wording of the relevant legislation, which is my preference.
Thus the above is based on hearsay and Council website information, and should therefore be checked.

FWIW

ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
I agree with ONQ above.

You can make a submission - "A persons who makes an initial observation within the 5-week period following the lodgement of a planning application may submit an observation within two weeks of the date of lodgement of the further information submission".

The L.A should have sent you a note requesting your observation on the FI submitted.
 
Hi RKQ,

I put this last point to Dun Laoghaire-Rathdown County Council and they said no, they don't do this anymore.
They issue a notice when the F.I. has been requested but its up to you to monitor the file.

It was bad enough before because you only had two weeks from the date of lodgement to comment.
Much of that time was taken up waiting for the notice to reach you.

If you also had to meet with others who had objected, you often had a time difficulty.
Still, a phone call to check if something has been submitted doesn't cost a lot - its the discipline to do this regularly.

Quite why they stopped I don't know

- a potential claim of someone wasn't informed
- too much office work to do
- the cost of postage

You can never tell with state or local authority bodies.
Expect further reductions in service like this throwing people back on their own resources.


ONQ.

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
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