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Planning inspectors and crossing 3rd party land

  • 03-08-2013 1:44am
    #1
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭


    This arose from a discussion of Barings applying for planning permission on Lambay a few weeks ago.
    It's nothing to do with them and hypothetical

    If a person lived in a piece of land with no right of way to access their home and only accessed by permission of the surrounding landowner(let's assume the surrounding landowner doesn't mind the surrounded landowner accessing)
    Can people like planning inspectors or tv license inspectors etc access the surrounded land without permission and against the wishes of the surrounding landowner

    I presume cops and customs can cross land like this


Comments

  • #2
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    See Section 252 PDA 2000 - Planning staff may enter any lands. If not consented to, they must serve 14 days notice, appeal to District Court

    Section 253 give power of immediate entry to premises in cases of suspected unauthorised deveiopment


  • #3
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    A 252.5 is interesting
    is it really necessary to explicitly state that a public servant cannot disobey the direction of a Judge

    S253 seems to (premises not being defined in the act) imply that an inspector can enter a premises to check if an unauthorised development is taking place.
    It's not so clear if they can cross undeveloped land owned by a third party

    Lastly
    (and this is really just arguing the toss) There doesn't seem to be a right to exit across a third parties land if the inspector has seen there is no unauthorised development. I suppose they could chopper in or out legaly


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