Development Plans
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Does anyone know what the situation is on a a planning application that is made for an area during the period of a Draft Development plan? For example what is the situation if a proposal is sent back for additional information and then resubmitted a few days before a new development plan comes into force? Should the proposal be considered under the development plan that was in force during the time of its submission, or does the new development plan become the plan which affects this application? Is there anything within planning law that would cover this?
Any thoughts would be appreciated
Phil
It is very simple Phil as decided in the Chawke case in the Supreme Court in 1991, the existing development plan is fully binding until a new development plan is fully adopted.
If a development plan is coming to an end an tougher regulation is likely one would apply rapidly and if a loosening of the restrictions are expected one may defer the application or seek modifications once the new plan is effected.
Thanks for that Diaspora, I had rang the Department of the environment this afternoon and they had told me something similar.
Thanks for that
Phil
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