Petition
Current Details
| Reference Number: | P00031/12 |
| Status: | Petition Lapsed on the Dissolution of Dáil Éireann |
| Name of Petitioner: | Mr Pat Clarke |
| Petition Title: | An Board Pleanála's view of planning precedent in local authorities |
| Submitted By: | Individual |
| Petition Text: | The Bord Pleanala mission statement promises an efficient, fair and open appeals process. The public is entitled to expect a fair hearing particularly as it is the only means of appealing questionable decisions within planning authorities (eg. Ombudsman cannot investigate local authority decisions).
When an appeal to the board is based on precedence and this precedence is omitted from the inspector’s report and forms no part of the board's decision – then this diminishes the importance of the matter and does not represent a fair and open hearing. It also opens up the real probability of local authorities applying their planning policies in a selective manner in the knowledge that the board will give no consideration to any precedence created.
In common law a precedent is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts. A precedent has a powerful influence in any court of law - and so it should be.
In October 2011 the board the Board wrote:
"The Board does not impinge on the role of the planning authority and it has no role in monitoring how the planning authority carries out its functions in respect of the planning process or how it implements planning policy."
In order to be a fair and open process the board must consider precedence created by local authorities. Not to do so, is to support the unequal treatment of people within planning. |
Historical Details
| 5) | Status: | Decision Of The Committee | | | Date: | 04 Feb 2015 | | 4) | Status: | Referral to Department/Stakeholders/Ombudsman | | | Date: | 04 Feb 2015 | | 3) | Status: | Decision Of The Committee | | | Date: | 26 Jun 2013 | | 2) | Status: | For Consideration By Committee | | | Date: | 26 Jun 2013 | | 1) | Status: | Received | | | Date: | 14 Sep 2012 |
Published: 09 Jan 2017 10:44:48
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