newspaper date

peadar76

I have had a planning application invalidated because it was not submitted within 2 weeks of publication of newspaper notice. This happened because the paper in question is dated Friday, however becomes available on the Wednesday. I always understood that the date on the paper was what applied. Looks like I was wrong. Anyone else had this issue?

sydthebeat

peadar76 wrote: »

I have had a planning application invalidated because it was not submitted within 2 weeks of publication of newspaper notice. This happened because the paper in question is dated Friday, however becomes available on the Wednesday. I always understood that the date on the paper was what applied. Looks like I was wrong. Anyone else had this issue?

its the date of publication... as the regs state

An applicant shall within the period of 2 weeks before
the making of a planning application—
(a) give notice of the intention to make the application
in a newspaper in accordance with article 18, and

A notice published in accordance with article 17(1)(a)
shall be published in a newspaper approved for this
purpose in accordance with sub-article (2), shall contain
as a heading the name of the planning authority to which
the planning application will be made and shall state

Gumbo

peadar76 wrote: »

I have had a planning application invalidated because it was not submitted within 2 weeks of publication of newspaper notice. This happened because the paper in question is dated Friday, however becomes available on the Wednesday. I always understood that the date on the paper was what applied. Looks like I was wrong. Anyone else had this issue?

It would be well known in Planning Agent circles so yes.
For example, the Dublin City Gazette is issued every Thursday.

I get the PDF with the Planning Ad on the Wednesday as this can be used for online applications but I cannot submit until the Thursday.

The Lodgment has to match the official publication date basically, not the date you get hold of the copy.

sydthebeat

kceire wrote: »

The Lodgment has to match the official publication date basically, not the date you get hold of the copy.

and thats what the OP was thinking too....


i guess its not unusual for different Local Authorities to have different interpretations.

peadar76

kceire wrote: »

The Lodgment has to match the official publication date basically, not the date you get hold of the copy.

This is what I always though. If I got a paper of a Wednesday and it was dated Friday, then I always held off lodging till the Friday.

In this case the paper was in the shops on Wednesday 19th of June but was dated Friday 21st. It took longer that I expected to get all the required documents together, so it was Wednesday 3rd July by the time I got it submitted. I thought I had until the 4th. It was sent back to me today, invalidated.

sydthebeat

peadar76 wrote: »

This is what I always though. If I got a paper of a Wednesday and it was dated Friday, then I always held off lodging till the Friday.

In this case the paper was in the shops on Wednesday 19th of June but was dated Friday 21st. It took longer that I expected to get all the required documents together, so it was Wednesday 3rd July by the time I got it submitted. I thought I had until the 4th. It was sent back to me today, invalidated.

and what was their wording for the invalidation?

in excess of 2 weeks from the date of publication of the newspaper?

Gumbo

peadar76 wrote: »

This is what I always though. If I got a paper of a Wednesday and it was dated Friday, then I always held off lodging till the Friday.

In this case the paper was in the shops on Wednesday 19th of June but was dated Friday 21st. It took longer that I expected to get all the required documents together, so it was Wednesday 3rd July by the time I got it submitted. I thought I had until the 4th. It was sent back to me today, invalidated.

That doesn't sound right?
What LA was it?

peadar76

sydthebeat wrote: »

and what was their wording for the invalidation?

in excess of 2 weeks from the date of publication of the newspaper?

The application was not submitted within the two weeks of the publication date of the newspaper in accordance with Article 17 (1) a of the planning & Development Regulations 2001-2018. Although the date on the newspaper notice submitted is Friday 21st June 2019, the actual publication date was Wednesday 19th June 2019. Therefore based on the above the last day for receipt of said application was Tuesday 2nd July 2019. Your application was received on Wednesday 3rd July 2019

peadar76

kceire wrote: »

That doesn't sound right?
What LA was it?

Kilkenny County Council

Gumbo

peadar76 wrote: »

The application was not submitted within the two weeks of the publication date of the newspaper in accordance with Article 17 (1) a of the planning & Development Regulations 2001-2018. Although the date on the newspaper notice submitted is Friday 21st June 2019, the actual publication date was Wednesday 19th June 2019. Therefore based on the above the last day for receipt of said application was Tuesday 2nd July 2019. Your application was received on Wednesday 3rd July 2019

Wow, that to me sounds wrong.
Here in Dublin, its the publication date on the newspaper!

Could it be that someone in the Registry Office is local and was familiar that the paper was available on the Wednesday and just ran with that idea? I would be seeking contact with the head of Planning Registry ASAP.

peadar76

I contacted the council about this, however they are sticking to their guns. The person I spoke to claimed that it has been their policy for a couple of years now and that they have gotten legal advice on the matter. One to be aware of in future