Dún Laoghaire planning permission judgment
The Minister said the Supreme Court judgment’s implications are under examination and that he is considering guidance or regulatory changes on time allowed for objections. He was unsure whether the Corporation faced liability, noting objectors retained appeal rights, and promised urgent consideration of clear procedures for local authorities.
asked the Minister for the Environment if his attention has been drawn to the legislative and administrative implications of a recent Supreme Court judgment concerning a planning permission granted by the Corporation of Dún Laoghaire (details supplied); and if he will make a statement on the matter.
Comment on this
I am aware of the recent Supreme Court judgment referred to by the Deputy. As I indicated in reply to written Question No. 443 on 10 March 1981, the implications of the case are being examined and any necessary consequential action will be taken. I am not in a position to add to that at this stage.
Comment on this
Is the Minister in a position to indicate whether Dún Laoghaire will be liable for the cost arising from this and in what way, in view of the fact that rates have been abolished and that there is a fixed sum allocation per local authority? Can he say what way the costs will be financed in this instance?
Comment on this
I am not sure that there is a liability at all involved in this because the decision of the planning authority in the case, which was the subject of the Supreme Court judgment did not affect the right of the objectors to lodge an appeal with An Bord Pleanála against the decision. As far as further action to be taken is concerned, action will be taken whether by way of advising the planning authorities on acceptable practice as regards allowing time for objections or by amending the regulations and I am now considering that.
Comment on this
The Minister has in part answered the question I was about to ask. I am sure the Minister is aware that there is a significant degree of public concern about the manner in which a planning permission of this nature might go through. It seems that much of the difficulty arises from the lack of clarity in the sequence of procedures to be followed. Therefore I would ask the Minister if he could expedite examination of the matter so that a clear code of practice could perhaps be agreed with the local authorities?