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Challenging a Planning Permission

Ask Legal Eagle about taking on County Manager regarding planning permission. Leinster listener.

I presume that you have an issue with a grant of planning permission given to a developer by the planning office and the county manager where you had objections but they were over ruled.  Or perhaps you were refused planning permission where the county manager and planning office had ruled in favour of an objector. 

The only way to tackle a planning department in a grant of planning permission or a refusal is by way of an appeal to An Bord Plenála or by way of judicial review. 

Judicial Review is an increasingly popular and essential way of challenging public authority for their failure to follow proper procedures and precedents.  The most judicially reviewed body in the country is the HSE.  Second is the Department of Justice/Board of Immigration Appeals and thirdly is PIAB the Personal Injuries Assessment Board (now called The Injuries' Board)

What happens with judicial review is that a court conducts an enquiry into the procedures followed by the statutory body and if they have failed in any respect then the decision at the end maybe declared illegal by the court. 

To this Leinster listener I would say that if you had professional advice during the course of whatever battle you lost, you should ask them to examine the entire process carried out by the county manager and the planning board to ensure that they followed the correct procedure (including compliance with planning policy and the County Development Plan) and if they did not do so then you can challenge them and their decision on a judicial review process. 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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