Section 140 - Judicial Review

Section 140 - Judicial Review

Postby Micheal84 » Fri Jan 26, 2007 7:32 pm

Should section 140 be abolished as it is abusing the planning system?
Micheal84
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Re: Section 140 - Judicial Review

Postby PVC King » Fri Jan 26, 2007 8:58 pm

Without question or at the very least all Section 140 resolutions should need to be adjudicated upon by An Bord Pleanala
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Re: Section 140 - Judicial Review

Postby kite » Fri Jan 26, 2007 9:04 pm

Micheal84 wrote:Should section 140 be abolished as it is abusing the planning system?



:eek: Absolutely NOT.
Section 140s are abused on a weekly basis by vested interests in Kerry but it is the only safeguard available to elected representatives to stop rouge city managers or other unelected officials from running riot with our planning laws.
Just because some muppets are using the Act to get planning for their extended families in Kerry is no reason to punish responsible Councillors.
These dudes in Kerry will get their comeuppance as they can be personally sued if a party suffers loss due to the grant of planning using a S140 against technical (engineers etc) advice.;)
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Re: Section 140 - Judicial Review

Postby PVC King » Fri Jan 26, 2007 9:19 pm

The intention of Section 140 was to deal with a situation where sufficient development land wasn't zoned or if a policy was missing from a development plan then local county councillors could rezone suffcient land or change policies mid-plan.

What has happened in the interim is that development plans have zoned more than enough land and policies have in the main been in line with national or regional policies.

What Section 140 has delivered is Liffey Valley and 100's if not 1000's of multi unit residential rezonings that were entirely inappropriate. The key difference is that Section 140 are not open to any scrutinty whatsoever whilst development plans are run through a much more comprehensive process.

I think the only solution is to make councillors apply to An Bord Pleanala for the variations which could be fast tracked within say 3 months
PVC King
 

Re: Section 140 - Judicial Review

Postby kite » Sat Jan 27, 2007 12:04 am

PVC King wrote:.... The key difference is that Section 140 are not open to any scrutinty whatsoever whilst development plans are run through a much more comprehensive process.

I think the only solution is to make councillors apply to An Bord Pleanala for the variations which could be fast tracked within say 3 months



:confused: My understanding of the use of a S140 is that the decision to evoke the Act can be appealed to An Bord Pleanala by any third party or the LA but the appeal would not have the benefit of “professional advice” of the local authority …. No bad thing when it comes to some city managers, or his or her sidekicks ??
Stops some developers from getting gum all over their tongues from licking “Brown Envelopes”
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