As promised, an excellent and comprehensive analysis of the amendments to the Planning and Development Act 2000, including that accursed S28 amendment. Interesting to see that it was shepherded through the Dail by Paudie Coffey.
As described by A&L Goodbody: “Specific Planning Policy Requirements are sections of guidelines labelled as such and they are grafted into the Minster’s guideline-making power. Compared to ordinary guidelines, however, their effect is significantly different:
- They constrain planning authorities’ normal discretion; they must be applied by a planning authority in deciding whether to grant planning permission;
- Where Specific Planning Policy Requirements conflict with any provision of a development plan, they apply instead of the conflicting development plan provisions; and
- Where planning permission for an apartment block (of a kind governed by the Multi-Unit Developments Act 2011) was granted before the introduction of applicable Specific Planning Policy Requirements, any application for an amending permission will be subject to a fast track procedure that can be appealed to the Board only in limited circumstances.”
Our plan for this blog post is to test the claim by A&L Goodbody (and…
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