Section 140 arrive in County Sligo

essexboy

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Section 140 motions are almost unknown in Sligo but now they have arrived.
The agenda for next Monday's meeting of the County Council includes a Section 140 motion to grant planning permission for a house in Rosses Point.
Why? and why is the motion proposed by a (FG) councillor from another electoral area?

Section 140 Motion
Consideration of Local Government Act 2001 Section 140 motion to grant planning permission to Mr John Mullaney to construct a dwelling house, septic tank and percolation area at Ballyweelin, Rossespoint, Co. Sligo, in accordance with plans
submitted on Planning Register PL07/1272

Link
 


alonso

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Hurray! another for the "Councillors can't plan" File
 

newswire

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Which FG Councillor as submitted this?
 

majlraep

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what is a Section 140 motion? :?
 

newswire

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I could be wrong but is that the sameMullaney as in the Business man?
 

hopi watcher

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majlraep said:
what is a Section 140 motion? :?
Never come across it being used before so not sure if a court has made any rulings on it. Basically it appears that if the local planning officials have turned down a planning appication, an elected member can propose a section 140 to seek to have the County Manager over rule the rejection of the application by the planners and to instruct the relevnet officials to issue a grant of permission. The motion requires a majority support by councillors but not sure if that is a simple majority (51%) or if a weighted majority is required (60%-40%) Any elected members available to clarify what is the position?
It seems to me that if such a motion was successful, this would have very serious implications for the entire planning process so for that reason I cannot see that this is the intention behind this section of the Local Government Act. Having said that, Part V of the Planning and Development Act was gutted by amendment to render it almost meaningless, so with the close ties between government and the building industry, you never can tell.
 

michael1965

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majlraep said:
what is a Section 140 motion? :?
It's where the councillors order the county manager to "do something" like grant planning permission.

.. a bit like, say you went to your hospital thinking you needed an X-ray, but the doctor refuses to give you one. So, you go to your local TD, who orders the hospital to do the X-ray. Councillors know as much about the technicalities of building control, as TD's do about X-rays.
 

essexboy

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newswire said:
I could be wrong but is that the sameMullaney as in the Business man?
The applicant is John Mullaney, Ballyweelin, Rosses Point, Co. Sligo. Like you, I asume it is the businessman.
The National School tried to comment on the application but left it too late.
 

Big Bruffer

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essexboy said:
newswire said:
I could be wrong but is that the sameMullaney as in the Business man?
The applicant is John Mullaney, Ballyweelin, Rosses Point, Co. Sligo. Like you, I asume it is the businessman.
The National School tried to comment on the application but left it too late.
They can make their views known to the Councillors who effectively become the decision makers under a Section 140.
 

RetiredProvo

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newswire said:
I could be wrong but is that the sameMullaney as in the Business man?
You mean the solicitor Mullaney or the Mullaney who went bezerk when they pedestrianised O'Connell St because he wouldn't be able to get the tour busses to stop outside his shop and hold up traffic!
I think it's the solicitor Mullaney.
 

hopi watcher

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Big Bruffer said:
essexboy said:
newswire said:
I could be wrong but is that the sameMullaney as in the Business man?
The applicant is John Mullaney, Ballyweelin, Rosses Point, Co. Sligo. Like you, I asume it is the businessman.
The National School tried to comment on the application but left it too late.
They can make their views known to the Councillors who effectively become the decision makers under a Section 140.
It is an attempt to bypass the planning process. Why special treatment for this person? Are there extenuating circumstances that could possibly justify the moving of such a motion?
In the interests of openness and fairness, these questions need to be answered. Any Sligo Councillors around?
 

essexboy

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It was passed this morning despite the Senior Planner urging the councillors not to do so.

proposed by Jude Devins (FF) and seconded by Jimmy McGarry (ex-FG, now Labour). Declan Bree opposed it.
 

michael1965

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Story was in the Irish Times today. Sounds like the applicant was refused a number of times due to the sensitive coastal location. But the councillors think a man "should be able to build on his own land". Is this open season now, on all scenic locations? What does the minister think ?

Section 140 should be changed so it can't be used to bypass the planning system.
 

alonso

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between the sea and the road. Basic planning cop-on ignored by the elected members. Again. Sligo, prepare for an onslaught of this type of development and wave goodbye to coastal views in many locations
 

Sligoboy

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essexboy said:
It was passed this morning despite the Senior Planner urging the councillors not to do so.

proposed by Jude Devins (FF) and seconded by Jimmy McGarry (ex-FG, now Labour). Declan Bree opposed it.

I wouldn’t make too much of a song and dance about Bree objecting. I'm sure it was only with the approval of those whom he is in a mayoral pact :roll:

Sure when plans to redevelop High Street went through the Chamber he used his son to object to an Taisce on the grounds that it was interfering with the medieval core of the town, such tripe? Anyone familiar with Sligo knows the High Street in particular was desperately in need of rejuvenation and is still an eyesore.

What he was really objecting to was the fact that his house on High street wasn’t included in the redevelopment plans so he wouldn’t be offered any hard cash or the chance to have his home refurbished on the cheap.

Scratch around under the surface here and you'll probably find that Bree simply doesn’t like the fella that wants to develop and that’s primarily why he’s objecting (with the blessing of those in the Mayors pact of course :lol: )

Bree, he's a gas man :lol: :lol: :lol:
 

michael1965

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D.Harry said:
Am I correct in saying that the councillors are now personally liable for any effects of this development?
I think they might be liable for certain things, that the council executive would have been liable for, had they granted permission off their own bat. As to what those things are, I don't know. Say the application included a road opening on a dangerous bend, or which didn't meet the NRA guidelines, they might be liable for that kind of thing. Unfortunately, bad planning and loss of amenity etc. are not illegal per-se.
 

Arkle

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Not sure if this one is still running I have an alternative view given my recent experience.

My family member is trying to get planning in Wicklow, they have an organic qualification and have thnow got th eland cetified as prganic. The crops are being traded in a local outlet. thye need to build on this land as agrowing ver is a full time job. He has not otehr source of work, needs a house for the family. A few vexacious neighbour who wanted to buy the land have made it their mission to object to local authority who gave it and then to APB who denied. Again recently we went to local authority who denied it this time. What are we to do now ? I wish we could use the section 140 as there is no other way we can get around the vexactious neighbours !
 

SeanieFitz

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Not sure if this one is still running I have an alternative view given my recent experience.

My family member is trying to get planning in Wicklow, they have an organic qualification and have thnow got th eland cetified as prganic. The crops are being traded in a local outlet. thye need to build on this land as agrowing ver is a full time job. He has not otehr source of work, needs a house for the family. A few vexacious neighbour who wanted to buy the land have made it their mission to object to local authority who gave it and then to APB who denied. Again recently we went to local authority who denied it this time. What are we to do now ? I wish we could use the section 140 as there is no other way we can get around the vexactious neighbours !
Use spell check or, at the very least, read your posts before submitting!

It all depends on the reason/reasons that ABP have refused permission, if the reasons are in respect of design, size etc they may be in a position to amend the plans and resubmit. However if the reasons are in respect of Development Plan, Site assessment etc they may be stumped
Get advice from an Agent
 

ergo2

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I think they might be liable for certain things, that the council executive would have been liable for, had they granted permission off their own bat. As to what those things are, I don't know. Say the application included a road opening on a dangerous bend, or which didn't meet the NRA guidelines, they might be liable for that kind of thing. Unfortunately, bad planning and loss of amenity etc. are not illegal per-se.
If such reasons exist the County Manager could refuse to act on the S 140 resolution
 


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