Thursday, 3 September 2015

COMMENTING ON A PLANNING APPLICATION A PRACTICAL GUIDE

ISSUED BY DUBLIN CITY COUNCIL PLANNING DEPARTMENT

The planning system plays an important role in our society by helping to make the best use of our resources and protecting the environment, whilst ensuring that necessary and worthwhile development can proceed. Planning authorities control the location, amount and type of development by deciding on planning applications. Everyone has the right to make their views known by commenting on these applications. This document sets out some of the most frequently asked questions regarding commenting on planning applications.
Note: this leaflet is intended as a practical guide. It is not a definitive legal interpretation of planning law.

1. Can I comment on any planning application?
Yes. The planning system is open and transparent. Everyone (individuals, residents‘ associations, etc.) has the right to see an application and to comment, either positively or negatively, on it, if they think it will affect them or their neighbourhood. You can also comment on an application even if you are not directly affected but feel strongly about a particular issue and want to express your opinion.

2. How long do I have to comment?
Your written comments on a planning application must be received by Dublin City Council within FIVE WEEKS beginning on the day the application is lodged with the Council. If your comments are received outside this timeframe, unfortunately, they will be returned to you.

3. Must I pay a fee?
Yes, a fee of € 20 must accompany all comments. Failure to pay the fee will mean that your comments will be invalid and will be returned to you.
Please note that no fee will apply to a submission/observation on a Local Authority Works (LAW) application.

4. Who do I make my comments to?
All comments must be in writing and should be addressed to the Executive Manager, Planning Department, Dublin City Council, Block 4, Civic Offices, Wood Quay, Dublin 8. If at all possible, please quote the reference number of the application, or the exact address /location of the proposal.

5. What information must I give?
You must state your name, address, telephone number and e-mail address (if any) on any submission containing your comments. You must also indicate the address to which correspondence should be sent.

6. What can I comment on?
Dublin City Council may only consider the proper planning and sustainable development of the area and the preservation and improvement of amenities, having regard to the provisions of the Dublin City Development Plan 1999. The City Council may only consider objections based on planning considerations and not those based on personal dislikes or grievances, non-planning issues associated with nuisance claims or legal disputes etc.

7. Will my comments be acknowledged?
Yes. You will receive a written acknowledgement of the receipt of your comments within a few
days. It is important that you keep this acknowledgement safe as you will need to produce it if you decide to appeal the decision to an Bord Pleanála at a later date.

8. Will my comments be listened to?
Yes. All valid comments received will be considered by the Planning Officer and will be analysed in his/her report and recommendation on the planning application.

9. Who will see my comments?
All documents relating to an application, including your written comments, will be available for public inspection at our public counter. Also any person may get photocopies of all the application documents, including your written comments.

10. Will I be informed of the decision?
Yes. Any person who has made written comments on a planning application must be informed by Dublin City Council of its decision within three working days of making it. This is normally done by registered post. Where a very large number of comments are received, Dublin City Council may publish a notice of the decision in a daily newspaper, in lieu of individual notification.

11. What happens if the planning application I comment on is made invalid?
Any planning application that does not fully comply with all the requirements of the regulations must be declared invalid and returned to the applicant. When this happens, any comments received on this application must also be returned to the person who submitted them. Should the application be lodged again at a later date, you will need to resubmit your comments a second time.

12. Can I appeal against a planning decision?
In general, you may only appeal a decision on a planning application if you have made comments on the application, provided your comments were received within five weeks of the date of lodgement of the application, and you paid the fee of €20. An appeal must be lodged with an Bord Pleanála within four weeks beginning on the date of decision by the City Council. For more information regarding the procedure relating to appeals, you should contact an Bord Pleanála at (01) 8588100.

The law governing the planning system is set out in the Planning & Development Acts 2000 - 2002 and the Planning & Development Regulations 2001 & 2002. These can be inspected at our public counter or purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2.

If you have any further queries or you require further information please contact:
Registry and Decisions Section, Planning Department, Dublin City Council, Block 4, Civic Offices, Wood Quay, Dublin 8.

Telephone (01) 222 2288

E-mail planning@dublincity.ie

Public Counter Opening Hours
9.00 to 16.30, Monday to Friday
(excluding Bank/Public Holidays)

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