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Annual Report of the Ombudsman 2008 (text version)

5.2.6 Selected Cases - Planning site notices not lawful if placed on gates which are left open

A complaint was made in relation to a decision of South Tipperary County Council to approve planning permission for a large development where the site notices had been placed on gates which were regularly left open during the day. The complainant argued that site notices on gates which are left open did not comply with the planning law.  One of the purposes of site notices is to provide a summary of the proposed development to local residents and passers-by to enable them to make observations to the planning authority.  Planning law, in relation to site notices, provides that they must be "legible by persons using the public road".  The complainant argued that site notices on gates which are left open did not comply with the law. My Office agreed with the complainant’s view.  Following our intervention, the council eventually agreed that site notices on open gates did not meet legal requirements and advised its inspectors that a planning application should be declared invalid if the site notice is placed on an open gate.

It amended its 'Guide on Planning' and, when notified of the Ombudsman's comments, the Local Government Management Services Board notified planning officials in all planning authorities, accordingly.

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