'Planning' rights flouted, says group

The Minister for the Environment, Mr Cullen, has been told of "widespread planning maladministration" by local authorities, resulting…

The Minister for the Environment, Mr Cullen, has been told of "widespread planning maladministration" by local authorities, resulting in people losing their right to lodge planning appeals.

Citing examples from several counties, Friends of the Irish Environment claimed objectors are not being told that the time for lodging appeals is now four weeks, rather than one month, as stated in letters notifying them of decisions.

"An appeal lodged within one month but after four weeks would in fact be invalid [under the 2000 Planning Act]," it said. People who have been denied their rights in this way should seek "a timely remedy in the courts".

Friends of the Environment has asked the Minister for an examination of An Bord Pleanála's records since the legislation was enacted to determine how many cases were in fact lodged within one month but were disallowed by the board as beyond the four-week period.

READ MORE

A spokesman for the group also claimed that letters telling objectors about decisions were rarely sent within the required three days. In one case in Co Galway, the decision was made on December 2nd, but notification was not issued until December 17th.

The group has drawn attention to section 251 of the 2000 Act which states that within the time available for an appeal the period between December 24th and January 1st is to be disregarded, giving appellants an extra five days because of the Christmas holidays.

"By failing to inform objectors of this extra period for appeals over the holidays, planning authorities are again denying rights the legislation was intended to ensure," it said. It wants them to be circularised with relevant extracts from the 2000 Act.

Frank McDonald

Frank McDonald

Frank McDonald, a contributor to The Irish Times, is the newspaper's former environment editor