Town Planning Review

Third party rights of appeal in planning: Reflecting on the experience of the Republic of Ireland

Town Planning Review (2002), 73, (4), 437–466.

Abstract

The potential introduction of third party planning appeals in the United Kingdom as a result of the Human Rights Act 1998 has increased interest in those countries that have established third party appeal procedures. The closest of these is the Republic of Ireland, which has had a third party right of appeal since 1963. This paper describes the impact these appeals have had on planning in the Irish Republic by explaining the appeal process, describing past trends and providing background information on the parties that engage in third party appeals. An overall assessment of the Republic's experience is given and the paper concludes with a few comparative remarks relating this to the planning and rights discourse in the United Kingdom.

Access Token
£25.00
READ THIS ARTICLE
If you have private access to this content, please log in with your username and password here

AN BORD PLEANÁLA (1999), Annual Report 1998, Dublin, An Bord Pleanála. Google Scholar

AN BORD PLEANÁLA (2001), Annual Report 2000, Dublin, An Bord Pleanála. Google Scholar

BANNON, M. J. (1989), Planning: The Irish Experience, 1920–88, Dublin,Wolfhound Press. Planning: The Irish Experience, 1920–88 Google Scholar

BELOFF, M. and BROWN, P. (1999), 'Planning contravention notices and the rights to silence: the impact of the Human Rights Act', Journal of Planning and Environmental Law, December, 1069–75. Google Scholar

BENTON, T. (1993), Natural Relations: Ecology, Animal Rights and Social Justice, London, Verso. Natural Relations: Ecology, Animal Rights and Social Justice Google Scholar

CASELY-HAYFORD, M. and LEIGH, K. (2001), 'The birth of the Human Rights Act: the death of the planning call-in procedure?', Journal of Planning and Environmental Law, January, 6–11. Google Scholar

CORNER, T. (1998), 'Planning, Environment and the European Convention on Human Rights', Journal of Planning and Environmental Law, April, 301–14. Google Scholar

CPRE (COUNCIL FOR THE PROTECTION OF RURAL ENGLAND), RSPB (ROYAL SOCIETY FOR THE PROTECTION OF BIRDS), WWF (WORLD WILDLIFE FUND) (UK), CIVIC TRUST, FRIENDS OF THE EARTH, TCPA, ENVIRONMENTAL LAW FOUNDATION, ROOM (2002), Third Party Rights of Appeal in Planning, London, CPRE. Google Scholar

CROW, S. (1995), 'Third party appeals: will they work? Do we need them?', Journal of Planning and Environmental Law,May, 376–87. Google Scholar

CSO (CENTRAL STATISTICS OFFICE) (REPUBLIC OF IRELAND) (1995), Census 91: Vol. 6: Occupations, Dublin, Stationery Office. Google Scholar

DETR (DEPARTMENT OF THE ENVIRONMENT, TRANSPORT AND THE REGIONS) (2000), The Government's Response to the Environment, Transport and Regional Affairs Committee Report: The Planning Inspectorate, London, HMSO. Google Scholar

DOELG (DEPARTMENT OF THE ENVIRONMENT AND LOCAL GOVERNMENT (2000), Planning Statistics, 1999, Dublin, DOELG. Google Scholar

DTLR (DEPARTMENT OF TRANS-PORT, LOCAL GOVERNMENT AND THE REGIONS) (2001), Planning: Delivering a Fundamental Change (Planning Green Paper), London, HMSO. Google Scholar

ELLIS, G. (2001), The Implications of Third Party Planning Appeals for Northern Ireland, Belfast, Queen's University. The Implications of Third Party Planning Appeals for Northern Ireland Google Scholar

ELLIS, H. (2000), 'Planning and public empowerment: third party rights in development control', Planning Theory and Practice, 2, 203–17. Planning and public empowerment: third party rights in development control Planning Theory and Practice 2 203 17 Google Scholar

GALLIGAN, E. (1997), Irish Planning Law and Procedure, Dublin, Sweet and Maxwell. Irish Planning Law and Procedure Google Scholar

GRANT, M. (2000a), 'Human rights and due process in planning', Journal of Planning and Environmental Law, December, 1215–225. Google Scholar

GRANT, M. (2000b), Memoranda to the Select Committee on Environment, Transport and Regional Affairs, Thirteenth Report (The Planning Inspectorate and Public Enquiries) (PI 34), London, House of Commons. Google Scholar

GRIST, B. (1999a), An Introduction to Irish Planning Law, Dublin, Institute of Public Administration. An Introduction to Irish Planning Law Google Scholar

GRIST, B. (1999b), 'The law and practice of third party appeals in the Republic of Ireland', Scottish Journal of Planning and Environmental Law, 75, 102–05. The law and practice of third party appeals in the Republic of Ireland Scottish Journal of Planning and Environmental Law 75 102 05 Google Scholar

HART, D. (2000), 'The impact of the European Convention on Human Rights on planning and environmental law', Journal of Planning and Environmental Law, February, 117–33. Google Scholar

HARVEY, D. (2000), Spaces of Hope, Edinburgh, Edinburgh University Press. Spaces of Hope Google Scholar

HEALEY, P. (1997), Collaborative Planning: Shaping Places in Fragmented Societies, London, Macmillan. Collaborative Planning: Shaping Places in Fragmented Societies Google Scholar

HEALEY, P., McNAMARA, P., ELSON, M. and DOAK, J. (1988), Land Use Planning and the Mediation of Urban Change, Cambridge, Cambridge University Press. Land Use Planning and the Mediation of Urban Change Google Scholar

HINDS, W. (1998), 'Third party objections to planning applications: an expectation of fairness', Journal of Planning and Environmental Law, November, 742–48. Google Scholar

KEANE, R. (1982), The Law of Local Government in the Republic of Ireland, Dublin, Incorporated Law Society of Ireland. The Law of Local Government in the Republic of Ireland Google Scholar

KITSON, T. (1998), 'The European Convention on Human Rights and local plans', Journal of Planning and Environmental Law, April, 321–23. Google Scholar

KLUG, F. (1999), 'The Human Rights Act 1998, Pepper v. Hart and all that', Public Law, Summer, 246–73. The Human Rights Act 1998, Pepper v. Hart and all that Public Law Summer 246 73 Google Scholar

LOVELAND, I. (2001), 'The compatibility of the land use planning system with Article 6 of the European Convention of Human Rights', Journal of Planning and Environmental Law, May, 535–48. Google Scholar

LOW, N. and GLEESON, B. (1999), 'Geography, justice and the limits to rights' in J. D. Proctor and D. M. Smith (eds), Journeys in a Moral Terrain, London, Routledge. Geography, justice and the limits to rights Journeys in a Moral Terrain Google Scholar

McAUSLAN, J. P. (1980), The Ideologies of Planning Law, Oxford, Pergamon. The Ideologies of Planning Law Google Scholar

MILLER, C. (1998), Environmental Rights: Critical Perspectives, London, Routledge. Environmental Rights: Critical Perspectives Google Scholar

 Google Scholar

MURPHY, P. (1995), 'Third party rights of appeal', Housing and Planning Review, February and March, 18–19. Google Scholar

 Google Scholar

 Google Scholar

PLANNING WEEK (2000), 'Planning Bill aims to stop "extortion and blackmail" of Irish developers', Planning Week, 21 January, 4. Google Scholar

PULIDO, L. (1994), 'Restructuring and the contraction and expansion of environmental rights in the United States', Environment and Planning A, 26, 915–36. Restructuring and the contraction and expansion of environmental rights in the United States Environment and Planning A 26 915 36 Google Scholar

PURDUE, M. (2001), 'Third party rights of appeal and the Human Rights Act 1998', Journal of Planning and Environmental Law, September, 1029–30. Google Scholar

 Google Scholar

QUINN, A. (2001), 'Third party appeals and the Human Rights Convention', Irish Planning and Environmental Law Journal, 8, 96–102. Third party appeals and the Human Rights Convention Irish Planning and Environmental Law Journal 8 96 102 Google Scholar

RCEP (ROYAL COMMISSION ON ENVIRONMENTAL POLLUTION) (2002), Twenty-third Report: Environmental Planning, London, TSO, (CM5459). Google Scholar

READE, E. (1997), 'Planning in the future or planning of the future?' in A. Blowers and B. Evans (eds), Town Planning in the 21st Century, London, Routledge. Planning in the future or planning of the future? Town Planning in the 21st Century Google Scholar

REDMAN, M. (1999), 'Compulsory purchase, compensation and human rights', Journal of Planning and Environmental Law, April, 315–28. Google Scholar

SCOTTISH EXECUTIVE (2001), Getting Involved in Planning (Consultation Paper), Edinburgh, Development Department, Scottish Executive. Google Scholar

SELECT COMMITTEE ON THE ENVIRONMENT, TRANSPORT AND REGIONAL AFFAIRS (2000), Thirteenth Report: The Planning Inspectorate and Public Inquiries, Minutes of Evidence, London, House of Commons. Google Scholar

THOMAS, H. and KRISHNARAYAN, V. (1994), ' "Race" disadvantage and policy process in British planning', Environment and Planning A, 26, 1891–10. "Race" disadvantage and policy process in British planning Environment and Planning A 26 1891 10 Google Scholar

UN/ECE (UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE) (1998), Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters (ECE/CEP/43), Aarhus, UN/ ECE. Google Scholar

ZIMMERMAN, J. F. (1980), 'An Bord Pleanála (The Irish Planning Board)', Administration, 28, 329–44. An Bord Pleanála (The Irish Planning Board) Administration 28 329 44 Google Scholar

If you have private access to this content, please log in with your username and password here

Details

Author details

Ellis, Geraint