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Traveller Legal Resource Pack 6 - Planning

Pack Contents:

Background

Local authorities are the bodies that regulate development in their functional area.

Since the introduction of stronger eviction laws and lack of provision of transient accommodation some Travellers are seeking to develop their own halting sites, houses or transient sites.

Relevant Legislation

The Planning and Development Act, 2000 is the main law that governs planning issues in Ireland. Some important sections are discussed in turn:

1. Development Plan

Every Local Authority/Planning Authority must make a Development Plan every six years. The Plan is a blue print for the area which sets out what geographical areas will be developed for, such as industrial, residential or agricultural use. The definition of development is very wide and all developments require planning permission unless they fall in an excluded category such as minor developments such as building an extension of a certain width on to your house or a garden shed.

The Planning Authority must include in the Plan objectives for the provision of accommodation for Travellers and the use of particular areas for that purpose. A local authority cannot carry out any development or grant planning permission for any development in its area which does not come within the objectives of the Plan unless it adopts a special procedure known as a material contravention procedure. This procedure involves publishing a notice and inviting submissions regarding the intention to grant planning permission for a development that does not come within the Plan. The councillors must then vote for, or against, and not less than three quarters of the total number of councillors must vote in favour.

Every four years the Planning Authority must give notice that it is intending to review its Plan. The Development Plan must reflect the provisions of the Traveller Accommodation Programme.

2. Developing private accommodation

In some cases Travellers seek to develop halting sites on private land. Often Travellers find themselves having purchased agricultural land and when they attempt to put in an application for planning permission, it is rejected.

In some cases Travellers move on to the land and then apply for planning. Under the Planning and Development Act, 2000, a planning authority has a period of eight weeks to make a decision regarding planning permission; however this time may be extended if the planning authority makes a request for further information in relation to the development. If a planning decision is appealed to An Bord Pleanála, the Bord has up to 18 weeks to issue a decision.

3. Enforcement procedures

The Planning Authority has powers under the Act to take action against a person who is constructing a development with no planning permission or is in breach of their planning permission or a condition of it.

The following outlines the procedure:

A warning letter under section 152 of the 2000 Act may be first issued but not in all cases. The local authority can serve an enforcement notice without the need for a warning letter if they are of the opinion that the situation is urgent.
Once the warning letter is served the local authority must investigate the situation and make a decision whether or not to serve an enforcement notice.
The enforcement notice may be served on any one whom the local authority believes the notice relates and not specifically the owner. The notice takes effect from the date it is served and stays in operation for 10 years from that date. The local authority can prosecute a person in the District Court to enforce the notice if the person does not comply.
If a development has been in existence for more than 7 years without planning permission no enforcement proceedings can be brought against the owner by the local authority, but the development will still be considered unauthorized.
If enforcement proceedings are issued against Travellers on unauthorized encampments this can be defended if the person/s are seeking either permanent or transient accommodation.

4. Making a planning application

Time Limits:

Before an application for planning is made a notice of intention to make the application must be made through a local newspaper and the erection of a site notice which should remain in place for 5 weeks after the planning application is lodged
The application for planning should be lodged to the local authority within 2 weeks of the notices being placed in the newspaper. A decision on the application should be made within 8 weeks of receiving the application

Submitting an application:

An application for planning can be made by filling in a planning application form and submitting it together with required documents to the local authority
The local authority should give advice about how to apply, and what documents are needed
It is possible to employ an architect, who can make the application
Planning permission normally lasts for five years within which the development must be commenced.

Dealing with refusals:

If the local authority refuses an application an appeal must be lodged within 4 weeks from the date of this decision to An Bord Pleanála
An Bord Pleanála aims to make a decision within 18 weeks. If this is not possible, it will inform all the parties of this
An Bord Pleanála's decision is final and can only be challenged by judicial review in the High Court. A judicial review is not a review of the decision itself but of the way in which the decision was made. An application for judicial review must be made within 8 weeks from the date the decision is given

4. Steps to take to deal with planning issues

The Planning Authority should have regard to Traveller accommodation and include objectives for same within their Development Plan. Traveller groups should monitor this when new Development Plans are being drawn up every six years
If Travellers buy land to develop their own accommodation check the Development Plan to see if the land is zoned residential
Travellers should avoid land where residential development is totally excluded or severely restricted. The best way is to enter a contract for the purchase of the land ‘Subject to Planning Permission’ and seek advice from a solicitor.
If Travellers find themselves on land without planning they should be advised to apply for planning immediately as it is an offence to carry out any work such as putting in emergency facilities without such permission
If enforcement proceedings are issued against Travellers on unauthorized encampments this can be defended if the person/s are seeking either permanent or transient accommodation. Consult a solicitor immediately in such cases.
If some works have been carried out it is possible to apply for planning permission to retain an unauthorised development which is called retention permission
If 7 years have elapsed since the development was built and no enforcement proceedings were issued the local authority can not serve any such notices. This does not mean that the development is authorised it merely means that no action can be taken. If a person is in this situation it may be difficult to sell the property on or make adjustment to it in the future
Travellers should consult an architect in drawing up plans
If planning permission is refused an appeal can be lodged to An Bord Pleanala
If An Bord Pleanala does not grant permission and it appears that the decision was not reasoned fairly, consult a solicitor about the possibility of a judicial review. There will be costs involved so ensure that comprehensive advice is sought

For further information visit: www.pleanala.ie www.oasis.gov.ie and the Local authority planning department in your area.

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