The Gazette 1994

GAZETTE

JULY 1994

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.

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. 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 Other Areas

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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