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GAZETTE
power to reject applications in which
significant non-compliance is evident
In such a case the entire application,
including the fee, would be returned.
The most significant change in the
application procedure relates to the
giving of public notice. It is now a
requirement that such notice be given
by publication in a newspaper and by
placing a notice on the lands or
structure to which the application
relates. Formerly an applicant could
choose one of these modes of
publication (except in the case of
developments that required an
environmental impact statement). As
and from May 16, 1994 both forms of
notice will be required for all
developments except in the case of
transmission lines, where the
provisions relating to site notices
would be impractical.
The requirements relating to the form
and content of newspaper notices has
also changed. In the case of site
notices the location of the notice on
the site must be indicated on a map
accompanying the application. The
courts tend to construe these
regulations very strictly and it is vital
that the new requirements be
meticulously complied with if a
challenge to the validity of an
application is to be defeated.
Four copies of all the plans must now
be submitted and two copies of the
notice.
The public have now been given an
explicit right to make submissions on
all applications. This right was
formerly implicit as a planning
authority was bound to have regard to
any observations or objections
submitted.
Planning authorities have been given a
discretionary power to require a
further notice where an applicant
submits revised plans in response to a
request from a planning authority. A
revised notice may also be required
where there has been a delay of three
months, or more, in replying to a
request for further information from
the relevant local authority.
There is now an express power to
JULY 1994
withdraw an application. Again, this
power was implicit only in the
previous regulations and planning
authorities were often confused as to
how to deal with such withdrawals.
Submissions relating to the risk of
environmental pollution cannot be
considered by a planning authority
where the application relates to a
development which is subject to
licensing by the Environmental
Protection Agency. It is not clear how
a planning authority will deal with
such objections as in many cases it
will be unclear as to whether it deals
directly with the risk of environmental
pollution or with a matter relating to
the proper planning and development
of the area. For instance, in the case of
a large pig rearing installation will the
planning authority be entitled to
consider objections/submissions
relating to the spreading and disposal
of waste?
Documentation relating to the
planning application will be available
before the application is determined
and for a period of five years
thereafter.
There are additional provisions
relating to environmental impact
statements, in particular a right to
have an extract of the statement
provided for a cost not greater than
the reasonable cost of making a copy.
An environmental impact statement
must be made available from the time
the document is received until the
expiry of the period for appealing
against the planning authority's
decision. In the event of an appeal it
must be made available until the
appeal is determined, withdrawn or
dismissed.
Other Areas
The regulations have also made
changes in the area of development
plans, appeals, extensions of the life
of a planning permission, fees and
compensation. The regulations also
contain the new procedures regulating
local authority developments and
State developments which are not
subject to ordinary planning control.
The procedures relating to licensing
under section 89 of the 1963 Act have
also been modified.
*Michael O'Donnell is a practising
barrister and lectures in planning law
at University College Galway.
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