# If someone writes blatant lies as part of a planning application is this libel?



## triciamonty (7 Aug 2010)

if during a planning application process a person sees fit to write blatant lies on an objection to the p .a,is this libel? .what course of action is there for such a situation ? .


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## Brendan Burgess (7 Aug 2010)

To be defamatory

It has to be untrue and it has to lower the standing of the defamed person in the eyes of the ordinary member of the public. 

As submissions to the planning authorities are not that widely read, I doubt if you have been seriously defamed. Now if a major newspaper published it, then you would have a more serious case. 

Brendan


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## Joe Q Public (7 Aug 2010)

They can be accessed by members of the public and in a lot of cases they can be read online free of charge. 

The fact that they are not widely read would not make the libel any less severe.


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## triciamonty (7 Aug 2010)

Thanks for your replies, the planning was granted by the council but now this person has lodged an appeal with an bord planala. In effect he is writing that any thing that was submitted by applicant is a lie. Also approaching relatives of applicant in a pub and being pretty verbal . p.s known locally as a very awkward  bully boy type of person.


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## triciamonty (14 Aug 2010)

Update on submission to an bord plaenala: this same person has written more comments, very untrue and personal comments. Now i know such remarks are viewed as frivolous by the board but what would a solicitor think? any opinions?


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## Gulliver (15 Aug 2010)

It seems to me that if the Local Authority has published on their website libellous or defamatory information about you, then your main right of redress is against them as publishers rather than against the individual who initiated the comments.


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## Joe Q Public (15 Aug 2010)

I don't think they would be liable.


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## Slim (16 Aug 2010)

Joe Q Public said:


> I don't think they would be liable.


They would if the material is defamatory or at least they would share liability. An objector is entitled to disagree with any aspect of the applicant's submission but would not be entitled to cast aspersions on another's character without risking defamation. Slim


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## Joe Q Public (16 Aug 2010)

I was thinking along the lines of a defence of privilege for the council.


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## onq (16 Sep 2010)

Late coming to this - some light reading

DEFAMATION ACT 2009

[broken link removed]


ONQ.


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## TheRed (16 Sep 2010)

Heard of ombudsman case against a county council for publishing a defamatory submission to a planning application on their website. Ombudsman found no maladministration and complainant received no compensation.


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