LAW37460 Planning Law UCD Assignment Example
Planning law is a legal field that governs the process by which public authorities make decisions about the use of land and buildings. It is considered to be a branch of administrative law. In many countries, planning law is also used to regulate the development of natural resources, such as mineral deposits and forests. The module aims to introduce students to the legal principles governing the process of local and national government planning in Ireland.
The topics covered in this module include compulsory purchase, development control, planning permissions, enforcement, and remedies. This module will give you a brief overview of planning law in Ireland, including how to get permission for development and what considerations must be made when designing buildings or altering the landscape.
Assignment Activity 1: Have a clear understanding of key features of Irish planning law.
Ireland’s planning law is principally governed by the Planning and Development Act 2000 (as amended), which sets out the general framework for the preparation and implementation of planning policy, and the development and use of land. Under this legislation, planning authorities (local councils) are responsible for preparing a local area plan, which will guide the overall development and use of land within their area. In addition, they are also responsible for issuing individual planning permissions by that plan.
The key features of Irish planning law include:
- The zoning/classification of land into various use categories (e.g. residential, commercial, agricultural, etc.)
- The requirement that all new buildings or extensions to existing buildings must comply with detailed design standards
- The granting of planning permissions by local councils, can be subject to several conditions
- The power of An Bord Pleanála (the national planning authority) to review and overturn decisions made by local councils
- Compulsory purchase powers available to both local councils and An Bord Pleanála
It is important to note that planning law is a rapidly evolving area and that the above is a general overview only. Students should seek specific advice in relation to their own situation if they require it.
Assignment Activity 2: Understand the impacts of international and EU law on planning law.
International and EU law can have a significant impact on Irish planning law. For example, the European Union (EU) has issued several directives relating to planning, which must be transposed into Irish law. These directives include the Environmental Impact Assessment (EIA) Directive, the Habitats Directive, and the Water Framework Directive.
Furthermore, the EU has also issued several regulations that must be complied with regarding planning, such as the General Development Regulation (Regulation No. 2157/2001) and the Town and Country Planning (Environmental Impact Assessment) Regulations (S.I. No. 664 of 2006).
It is important to note that while Ireland is bound by EU law, it is also entitled to take its own decisions in relation to planning. This means that Irish planning law may differ in some respects from the law in other EU member states.
Assignment Activity 3: Be familiar with the practice of planning law, from application through appeal to judicial review.
When making a planning application, it is important to note that several steps must be followed for the application to be considered. When making a planning application, it is important to be aware of the following process:
- An application must be made to the appropriate planning authority (usually the local council).
- The planning authority will decide whether or not to accept the application.
- If the planning authority decides to accept the application, it will then determine whether or not to grant planning permission.
- If the planning authority decides not to accept the application, it will notify the applicant of its decision and give them the opportunity to make a submission.
- The planning authority will then decide whether or not to grant planning permission, taking into account the submissions received.
- If the planning authority decides to grant planning permission, it will issue a planning permission certificate.
- If the planning authority decides not to grant planning permission, it may decide to hold a public inquiry into the application.
- If the planning authority decides not to hold a public inquiry, or if the applicant is not satisfied with the outcome of the inquiry, they may appeal to the Planning Appeals Board.
- If the Planning Appeals Board decides not to overturn the decision of the planning authority, the applicant may apply for judicial review of that decision.
It is important to note that while the process outlined above is the general process, there may be some variations depending on the type of application and the planning authority in question.
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