Material Contraventions

The Planning Authority is obliged to secure the objectives in the development plans and local area plans. While an individual planning application may not comply with the objectives of the relevant plan, it might still be in line with the proper planning and development of the area. The Planning Authority may then decide to permit it as a material contravention of the plan, following public consultation.

In this case the Planning Authority must publish notice of its intentions in a locally circulating newspaper. Direct notice is given to the applicant and to any person who has made written objections to the application. Any person may make objections or representations to the Planning Authority within 4 weeks of the public notice. All these comments must be considered by the Planning Authority. In order to pass a resolution to grant permission in such cases, three quarters of all the Elected Members must vote in favour.

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