Wednesday, 8 November 2006
Dáil Eireann Debate
26. Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if, regarding the relevant provisions of the Planning and Development (Strategic Infrastructure) Act 2006 which will enable local authorities to refuse planning permissions to developers with a poor history of development, he will establish a central database containing information on such developers to ensure that all local authorities have access to a comprehensive list of persons to whom they may refuse permission; and if he will make a statement on the matter. [36442/06]
Minister for the Environment, Heritage and Local Government (Mr. Roche): Section 9 of the Planning and Development (Strategic Infrastructure) Act 2006 amends section 35 of the Planning and Development Act 2000 to enable the planning authority to refuse permission to a developer who has been in substantial non-compliance with a previous planning permission. The applicant will have to apply to the High Court if he or she wishes to have the decision overturned. This reverses the previous position, whereby a planning authority wishing to refuse permission in such a case was required to first obtain the authorisation of the High Court. It is intended to assist any planning authority in dealing a developer who has persistently failed to comply with the requirements of that authority.
Each planning authority has primary responsibility for dealing with applications for permission and planning enforcement within its own area. The section therefore does not enable a planning authority to rely on information supplied by others, or from a centrally maintained list, when deciding whether to grant or refuse permission in any particular case.
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