# planning objection- Am I entitled to know who?



## rustbucket (7 Jun 2012)

Hi All

If someone lodges a complaint against a structure already built or currently in the planning process is the person who has built it/building it entitled to know who has made an objection and on what grounds?

Thanks


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## Mystic Oil (7 Jun 2012)

Visit the planning office, and ask to see the file (a public document). A copy of the complaint will be in there.


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## ang1170 (7 Jun 2012)

Anyone can view all observations/objections to any planning application at your local planning office, so the answer is "yes".

This applies to planning applications, whether current or historic. If there's no application or permission, then I'm not sure you could see any correspondence that there might be.


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## geri (7 Jun 2012)

Some local authorities have planning applications available to view on-line.  For example, heres a link to South Dublin Co. Co.    Any correspondance relating to a particular application is added to the file and available for viewing.  If there is no planning application open, then you won't see any correspondance.


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## Woodie (7 Jun 2012)

The answer is depends on which type of submission is made;
1. A complaint to the council enforcement about a structure already built or being built by a person(s) cannot be made anonymously.  That is you can't send a letter in without a contact and address.  The council  usually will not make these complaints  part of the  public record.
2. An objection or observation about a specific planning application is public record as the previous posters have stated, most councils have the full records online.


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## Mystic Oil (7 Jun 2012)

Woodie said:


> 1. A complaint to the council enforcement about a structure already built or being built by a person(s) cannot be made anonymously.  That is you can't send a letter in without a contact and address.  The council  usually will not make these complaints  part of the  public record.



Woodie, that's interesting. If somebody were make complaint to the local authority that a development contravened planning regulations, would the public not have access to the information on file? Wouldn't an FOI request defeat any refusal by the authority to facilitate such access?


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## Woodie (7 Jun 2012)

Mystic Oil said:


> Woodie, that's interesting. If somebody were make complaint to the local authority that a development contravened planning regulations, would the public not have access to the information on file? Wouldn't an FOI request defeat any refusal by the authority to facilitate such access?


Typically that information is not readily available but as you point out it is a grey  area.  The person(s) submitting the complaint may request that their identity be withheld but this may be overturned by the FOI act or a court requesting the information.  
I guess it's a difficult area; if a complaint warrants follow up by enforcement, that is, the planning regulations have been breached, then ultimately it is enforcement and the legal department that will decide to pursue, not the complainant.  The identity of the original person(s) that brought attention to the breach is largely irrelevant really if the breach was there in the first place.    It is hard to see how under the current system breaches can be monitored without the help of individuals or applying extra planning resources or having a system of monitoring each build as it is taking place as happens in other countries.


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## rustbucket (7 Jun 2012)

Woodie said:


> The answer is depends on which type of submission is made;
> 1. A complaint to the council enforcement about a structure already built or being built by a person(s) cannot be made anonymously.  That is you can't send a letter in without a contact and address.  The council  usually will not make these complaints  part of the  public record.
> 2. An objection or observation about a specific planning application is public record as the previous posters have stated, most councils have the full records online.



Thanks for that Woodie. It is in fact related to point 1. A complaint has been made to the enforcement office. I have since phoned the enforcement office and they have confirmed that under the FOI act a person can view a complaint on file. However, the name and address of the complainant will be with-held.

So it is kind of pointless arranging to go an see it if it is not possible to see who made the complaint I guess.


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## kceire (22 Jun 2012)

rustbucket said:


> So it is kind of pointless arranging to go an see it if it is not possible to see who made the complaint I guess.


 
If i was complaining about a brothel or some dubious building being ran by a criminal next door to me, i wouldnt want my name and address to be given out either, as im sure you wouldnt.

A comment or observation on a current planning application is another story, those details are free to get online or at the public counter.


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## sydthebeat (22 Jun 2012)

the name of a complainant is withheld from any FOI request in accordance with section 3 1 b

teh ONLY way this can be overturned is by the direct intervention by teh information commissioner... which is unlikely.


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## shoestring (11 Jul 2012)

If its a planning file, yes, if its an enforcement file ( ie unauthorised development) maybe not, unless it goes to court.


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