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Dublin City Council - Faulty Planning Administration

Year Concluded: 2006

Name of Body: Dublin City Council

Subject of Complaint: Faulty Planning Administration

Complaint Details:

One of the requirements of the Planning & Development Act, 2000 is that a third party can only appeal a planning decision if he/she has made a submission or objection in relation to the development. Any such appeal must be made within four weeks from the date of the decision of the planning authority. In this case, the complainant, lodged her objection and, as a consequence, was entitled to be informed of the decision on the application within three working days of the planning decision. The development in question consisted of an extension to her next door neighbour's house and she was concerned that it would infringe on her privacy. However, Dublin City Council failed to inform her of its decision and as a result the four week appeal period had passed before she became aware that a decision had been made. When she complained to the Council she was given an apology, but was not offered any form of redress. As a consequence, she felt that she had been unfairly treated and should be compensated financially for the loss of her statutory right of appeal .

In the past, I have highlighted my concerns directly to the Council and in previous Annual Reports in relation to cases where a statutory right is denied through an error on the part of a local authority. I regard it as maladministration and it should normally lead to the payment of compensation. I would like to see local authorities take the initiative by offering redress rather than wait for my Office to prompt them following the receipt of a complaint of this type.

Following my intervention, the Council decided to pay €1,000 in compensation and revised its procedures to ensure that the same problem does not arise in the future.

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