Determining a planning permission : from Act I of 1992 to Act III of 2016

Abstract

Development planning applications are determined according to a set of rules and statutory directions which decision makers are obliged to follow. Today, these rules are found in Article 72 of Act III of 2016. However, it is worth bearing in mind that Act III is a relatively recent piece of legislation, which came into force on the 4th April 2016. Prior to that, Article 72’s counterparts were introduced by virtue of the following Acts:

• Act I of 1992, which established the Development Planning Act, 1992;

• Act XXIII of 1997, which amended the Development Planning Act, 1992;

• Act XXI of 2001, which amended the Development Planning Act, 1992;

• Act X of 2010, which established the Environment and Development Planning Act;

This paper explores the fundamental changes which have occurred to date since the enactment of Act I of 1992. In particular, the following standpoints shall be assessed:

• The substantive rules which decision makers are obliged to follow;

• The rights which an applicant may claim in his favour at the point of determining a planning application;

• The effect of illegalities on the outcome of planning decisions;

• The procedural rules which decision makers are bound to follow;

• The validity status of permissions;

• The interaction between a permission and those who have an interest in the land.