There are two routes to obtaining information and/or reports pertaining to particular live planning applications:

(i)    Planning & Development Act 2000

The Planning & Development Act 2000 includes a provision whereby the public is entitled to obtain copies of information contained on the planning file. This information should be accessible during the time when the planning file is live. This information is available for purchase at the photocopying rate applicable in the Local Authority.

Section 38 (1) provides that both:  

1. "a copy of the planning application and any particulars, evidence, environmental impact statement, other written study or further information received or obtained by the authority from the applicant."
2. "a copy of any submissions or observations in relation to the planning application which have been received by the authority."

Section 38 (3) provides that:

"Any document referred to in paragraphs(a) and (b) of subsection (1) which is received or obtained by a planning authority shall be made available for inspection and purchase by members of the public at office hours of the authority from as soon as may be after receipt of the document until a decision is made on the application."

(ii)    Access to Information on the Environment Regulation (SI 125/1998)

This Regulation was first adopted in 1993 as Ireland’s transposing mechanism for Council Directive 90/313/EEC on the Access to Information on the Environment.

 Article 6 (1) of the Regulations provides that a public authority must make available any information relating to the environment to any person who requests it.

 Article 6 (2) provides that such requests must be:

1. Made in writing
2. State the name and address of the person making the request
3. State, in terms which are as specific as possible, the information which is the subject of the request.

Article 8 (2) provides that a public authority may refuse to make available information under the provisions with article 6 "where the request is manifestly unreasonable having regard to the volume or range of information sought".

Article 10 (1) provides that a public authority must respond to requests within one month from the date on which the request is received. Article 10 (2) provides that if the authority is unable to respond within one month, because of the nature or extent of a request for information, it will give notice to the person making the request, stating the reasons why it cannot respond and specify the date, not later than two months from the date on which the original request was received, before the response is made. Article 10 (3) provides that if the public authority does not make the information available, or where it refuses to make information available under the provisions of article 7, it must specify the reasons for doing so, in writing.

Article 11 provides that charges may be applicable for the provision of the information, although in practice An Taisce has been able to request information without charge.

Note on the use of Access to Information on the Environment (AIE)

The AIE Regulations provide a means of access to information which should be available but is not being made available by Council officials. The Regulations do not apply where information is required to be available under another statue (i.e. the Planning Acts requirement to enable inspection of planning files) when such information is accessible under the statute in question.

The AIE Regulations apply to public authorities and to the environmental information contained by public sector commercial organisations who are themselves not subject to the Regulations.

The Regulations apply to information that is held by public authorities. There is no requirement on the public authorities to generate or gather information that is not in its possession or process information

Procedure for Requesting information on FOIE (SI 125/1998) and Section 38 (3) Planning & Development Act 2000

Information should be formally requested by letter to the local authority. The letter should include reference to both the statutory entitlement under the Planning & Development Act 2000 and the AIE Regulations SI 125/1998. Section 38 of the Planning & Development Act provides an entitlement to see all relevant material on file prior to a decision being taken on a particular case. If access to this information is refused however, recourse should be made to seek the necessary information by quoting and the provisions of Article 6 of the AIE Regulations. A sample letter follows.

[SAMPLE LETTER]

Director of Services for Planning,                                           Address

County Council Name                                                                                    

Address etc.                                                                                                              

Date

Re:  Request For Information Under Section  38 (3) of the Planning & Development Act 2000 and Article 6 European Communities (Access To Information On The Environment) Regulations S.I. No. 125 of 1998 

Ref:                 Planning Reference No. XXX     

Dear Sir/Madam,

(Name) wishes to obtain all relevant documentation contained on the file and Planning Register pertaining to Planning File Ref. No. XXX.

We are requesting that the below information is made available to us to copy in line with the statutory provisions to make such information available to the public prior to a decision being made on an application under the provisions of section 38 (3) of the Planning & Development Act 2000.

We also wish to make a formal request for information under Article 6 of the European Communities (Access to Information on the Environment) Regulations S.I No. 125 of 1988.

Reasons for Request (detail in bullet point format)

Scope of Information Request (i.e. list exact documentation required)

We would be obliged if you could confirm, in writing, if such information will be made available to us within the statutory time limit of one month from the date of making the request, and what fee is applicable to the provision of such information.

Please acknowledge receipt of this submission/letter.

Yours sincerely,

(Name)