# Legal basis of local authority's requirement to publish planning applications



## eggerb (17 Jul 2012)

Article 27 of S.I. No. 600/2001 — Planning and Development Regulations, 2001 appears to require planning authorities to provide a list of planning applications. Specifically, applications for "permission for development, permission for retention of development, outline permission for development or permission consequent on the grant of outline permission". 

Article 27 makes no reference to a request for a declaration [of exemption]  under section 5(1) of the Planning and Development Act 2000.

Do local authorities have a legal basis then to publish section 5 declaration  requests?


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## sydthebeat (19 Jul 2012)

good question.

the local authority may argue that
_(4)     A planning authority may include in a list referred to in  sub-article (1) any other information in respect of planning  applications which the authority considers appropriate._
gives them the right to include a sec 5 on the weekly list.... however... 

the definition of a "planning application" is as follows

_“planning application”  means an application to a planning authority in accordance with  permission regulations for permission for the development of land  required by those regulations;_

you could argue that a section 5 is not a planning application in that it is for 'exemption from permission', and not 'for permission'.


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## eggerb (20 Jul 2012)

Thanks for the input sydthebeat. I've put it to one of the local authorities. I'll post the outcome..


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## TheRed (20 Jul 2012)

In a nutshell...yes they are required to have this available for membs of public to view.

Section 7 of the Planning and Development Act 2000 - PA required to maintain "planning register" of lots of bits and pieces, including s.5 declarations, protected structure notices, warning letters, enforcement notices etc etc are all available for members of the public to view.


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