Tuesday, 12 December 2006

Rogue developers to be tackled by Section 35

Section 35 of the Planning and Development Act 2000, has been amended by the Planning and Development (Strategic Infrastructure) Act 2006. This will enable planning authorities to refuse permission to a developer on the grounds of his or her past history of non-compliance with planning permissions, meaning that the applicant would be required to apply to the High Court if he or she wished to have the decision to refuse permission overturned. In effect this amendment reverses the burden of proof: the developer rather than the planning authority will have to prove that such a decision to refuse permission is not warranted.

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