Challenging the implementation of a planning permission

Francis Clauson is a regular and insightful contributor to this blog’s comments page. Therefore I am delighted to feature the guest blog he did for CAWT-Donegal. Go Francis!

Concerned About Wind Turbines - Donegal

This is a guest post from Francis Clauson. He has the misfortune of living next door to a multiple wind farms and has many years experience in trying to engage with his local authority to enforce noise conditions related to the wind farm’s planning permission. You can also follow him on twitter @fclauson.

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The Planning and Development Act 2000 (PDA), as amended, has a number of options where a member of the public can challenge the implementation of a planning permission without necessarily going through the rigours and vast expense of a court case.

All planning permissions once decided comes with a set of planning conditions which need to be complied with. In the event that any of the conditions are either breached or not complied with then any member of the public can make a complaint to the appropriate local authority who, under Section 152 of the PDA, must, upon consideration…

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About Neil van Dokkum

Neil van Dokkum (B. SocSc; LLB; LLM; PGC Con.Lit) Neil is a law lecturer and has been so since arriving in Ireland from South Africa in 2002. Prior to that Neil worked in a leading firm of solicitors from 1987-1992, before being admitted as an Advocate of the Supreme Court of South Africa (a barrister) in 1992. He published three books in South Africa on employment law and unfair dismissal, as well as being published in numerous national and international peer-reviewed journals. Neil currently specialises in employment law, medical negligence law, family law and child protection law. He dabbles in EU law (procurement and energy). Neil retired from full-time practice in 2002 to take up a lecturing post. He has published three books since then, “Nursing Law for Irish Students (2005); “Evidence” (2007); and “Nursing Law for Students in Ireland” (2011). His current interest is the area of disability as a politico-economic construct. Neil is very happily married to Fiona, and they have two sons, Rory and Ian.

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