Help needed with false information offence

redspider

Hi, a legal query.

Someone makes a planning application and provides false information, such as not declaring their correct residential address and not revealing and trying to conceal that they are planning to build a holiday house.

In the Planning and Development Act, 2000, I see the following in Section 8, para 2:

Obligation to give information to local authority.


8.—

(2) Every person who is required under this section to state in writing any matter or thing to a local authority and either fails so to state the matter or thing within the time appointed under this section or, when so stating any such matter or thing, makes any statement in writing which is to his or her knowledge false or misleading in a material respect, shall be guilty of an offence.


So, when that offence occurs, what should happen?

Should the planning application be 'refused' by the Planning Authority? Is it their legal duty to do so?

If so, what happens in a situation where the false and misleading information is pointed out to the Planning Authority yet they dont 'refuse' the application, but ignore the false information and grant the planning application anyway, then what?

Which body should the false information be pointed out to as well as the fact that it was ignored by the Planning Authority?

Go to the Planning Authority again (this time someone more senior perhaps and/or the County Manager)?

Bring it up with Bord Pleanala?

Any tips appreciated .....

Redspider

redspider

I've read in the act the following:

(4) Any person who is guilty of an offence under this Act other than an offence referred to in subsection (1) (or a further offence under subsection (2)) shall be liable, on summary conviction, to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both.


So, now that the offence has occurred, who could this be brought to the attention of ?

The Gardai ?
The DPP ?

?

redspider

redspider

Does anyone at all have any opinion on the topic as outlined above?

Thanks,

Redspider

Turner

You could apply to the district court to have summonses issued as far as i know.

You would be the prosecutor instead of the dpp or gardai at the suit of the dpp.

redspider

Chief--- wrote:

You could apply to the district court to have summonses issued as far as i know.

You would be the prosecutor instead of the dpp or gardai at the suit of the dpp.

Thanks for that input Chief.

But if it is a situation where there is a breaking of a law, would it not be a valid course of action to report the incident to the Gardai and let them/DPP take their course of action, or is such a situation not seen as 'criminal enough'?

Or is it like a lot of laws - hardly worth the paper they are written on if they are never enforced?

Thanks,

Redspider

johnnyskeleton

There is a high standard of proof in criminal cases - beyond reasonable doubt. Rumours of the "I know jimmy has a sock full of money under his matress but he has never worked a day in his life" kind are not usually sent to the DPP marked "Priority: For the Director's eyes only". If someone has a complaint they can bring it to the attention of the Gardai. If they are prepared to risk their livelihood they could bring a private prosecution. Planning offences, in case you haven't realised, are a hot topic, and are not treated lightly by the Gardai. Which is why they need a good case before they even think of proceeding/contacting the DPP.

redspider

johnnyskeleton wrote:

There is a high standard of proof in criminal cases - beyond reasonable doubt. Rumours of the "I know jimmy has a sock full of money under his matress but he has never worked a day in his life" kind are not usually sent to the DPP marked "Priority: For the Director's eyes only".

If someone has a complaint they can bring it to the attention of the Gardai. If they are prepared to risk their livelihood they could bring a private prosecution. Planning offences, in case you haven't realised, are a hot topic, and are not treated lightly by the Gardai. Which is why they need a good case before they even think of proceeding/contacting the DPP.

Okay, lets discuss the situation where it is beyond reasonable doubt (which this one is). Is it therefore just a case of bringing the information to the Garda station and leaving it with them and they will take their course of action? The information is in the public domain/accesible by the Gardai so a witness is not needed to corroborate ....

Thanks ---

redspider

johnnyskeleton

redspider wrote:

Okay, lets discuss the situation where it is beyond reasonable doubt (which this one is). Is it therefore just a case of bringing the information to the Garda station and leaving it with them and they will take their course of action? The information is in the public domain/accesible by the Gardai so a witness is not needed to corroborate

That would be for a court to decide, but if you make a complaint to a garda he should investigate that complaint.

redspider

Okay, Thanks.

alinoee

’’makes any statement in writing which is to his or her knowledge false or misleading ‘’- to be determined by the court

'‘when that offence occurs...'' local authority/court issues enforcement notice to take down the structure and/or face penalty

Should the planning application be 'refused' by the Planning Authority? Instantly, if they would find out prior to decision/grant

’If so, what happens in a situation where the false and misleading information is pointed out to the Planning Authority yet they dont 'refuse' the application, but ignore the false information and grant the planning application anyway’ - you can appeal to an board pl. and than to court. You can also bring the l.a. to the the court as well.

''Which body should the false information be pointed out to as well as the fact that it was ignored by the Planning Authority?'' abp and than to court. gaidai are good for the illegal tree cut downs.