Public Representative notification from local authority.

Anyone any insight regarding the query above. Thanks.

From the Planning Act

“Where an enforcement notice is served under this
section, the planning authority shall notify any person
who made representations under section
152(1)(a) and any other person, who in the opinion
of the planning authority may be concerned with the
matter to which the notice concerned relates, not
being a person on whom the enforcement notice was
served, of the service of the enforcement notice.”

full Enforcement section here:

http://www.environ.ie/DOEI/DOEIPol.nsf/0/80a66 … part_8.pdf

Also in most planning cases, a public rep, cllr or TD, is treated the same as any other observer.

Thanks alonso. It’s starting to make more sense now. Can you answer me this if you can. What exactly do you mean by the following quote?

Also in most planning cases, a public rep, cllr or TD, is treated the same as any other observer.

Is it fair to say that due to the section of the planning act you posted that a Cllr. would indeed have obtained knowledge to the effect from the local authority that an enforcement notice had been served to the applicants that he/she made representations on behalf of?

to your first question, although councillors may have an inside track on planning issues in the county, they are subject to the same provisions of the legislation as everyone else, such as deadlines, official notification, right to appeal etc

so in relation to the 2nd question, I would have thought that they would’ve been informed but it’s up to the authority. It would have to be on the public file in the planning registry if a letter was sent. If you feel something dodgy is goin on I 100% recommend that you keep digging

I wonder if anyone can elaborate on the quotation below. I am aware that all documentation regarding a planning application should be in the planning file for public inspection, however, in this particular instance because there’s also an enforcement file, therefore the information withinh that file is not available for public inspection.

The reason I state this is because my family sent a submission regarding a planning application, which development was later constructed in non-compliance and the local authority sent a copy of the enforcement notice they issued against the aforementioned development to us.

What’s most noteworthy is that no copy of this enforcement notice is in the planning file. Therefore, I have no way of knowing if the councillor that made representations was also sent a copy of the enforcement notice or was made aware of it by other means.

Is there any way of finding out this information?

to your first question, although councillors may have an inside track on planning issues in the county, they are subject to the same provisions of the legislation as everyone else, such as deadlines, official notification, right to appeal etc

so in relation to the 2nd question, I would have thought that they would’ve been informed but it’s up to the authority. It would have to be on the public file in the planning registry if a letter was sent. If you feel something dodgy is goin on I 100% recommend that you keep digging

have you asked the councillor? they’re very open to queries

Unfortunately alonso, this particular Cllr is not very approachable, so in that respect I’m looking for an alternative. I wish I could say more here regarding the matter but it is a public forum.