I propose to take Questions Nos. 355, 357 to 361, inclusive, and 363 together.
In June 2010, the former Minister for the Environment, Heritage and Local Government announced the initiation of a planning review, the purpose of which the was to assess the application of planning legislation, policy and guidance within the development plan and development management systems with the aim of identifying measures to ensure consistency of approach and improve delivery. The announcement of the review followed consideration of various sample complaints and concerns referred to the Minister by a number of stakeholder groups and individuals. While it was originally contemplated that this review might be undertaken by consultants, it was subsequently decided that the review should be prepared internally by my Department in light of increasingly constrained Exchequer resources.
The Planning Review Report to review the performance of the planning functions in certain selected planning authorities was published on 12 June 2012. The Report recommended 12 actions which entail legislative change and consolidation, revised guidelines and improved management systems in planning authorities. I subsequently committed to have the Report assessed by an independent planning expert and, on 8 March 2013, I published the “Independent Evaluation of the Planning Review Report June 2012” prepared by Mr. Hendrik van der Kamp. The report by Mr. Hendrik van der Kamp led to some modifications to the original 12 recommended actions. Those actions requiring statutory underpinning are being considered in the context of forthcoming planning legislation. Others actions have been reflected in the initiation of the review of development management guidelines and the finalisation of local area plans guidelines for planning authorities and related best practice guidance.
I will further consider the recommendations of both these reports in light of the forthcoming independent planning review being undertaken by MacCabe Durney Barnes Consultants on the performance of planning functions in six of the previously selected planning authorities (Carlow, Cork, Galway and Meath County Councils, and Cork and Dublin City Councils). This review is being undertaken in order to ensure maximum transparency and integrity for the planning system generally and is progressing in accordance with section 255 of the Planning and Development Act 2000. The review is focused on procedures and practices rather than individual planning decisions.
The review of the performance of the planning functions of the seventh planning authority which was part of the original 2012 planning review (Donegal County Council) is not included in the scope of this current independent planning review and accordingly the consultants involved will not be contacting the Donegal complainant. In this regard, on 14 June 2013, the High Court made an Order quashing that part of the original Planning Review Report relating to Donegal following a settlement between my Department and the party concerned who had brought judicial review proceedings in respect of that part of the Report. The matter has now been disposed of to the satisfaction of both sides.
In light of these proceedings, my Department subsequently sought the advice of the Attorney General on how best to proceed in the case of Donegal. My Department is continuing to engage with the Attorney General’s Office on the matter and the course to be pursued in this case. It is expected that further legal advice will be provided in the near future, thus informing the next steps to be taken in relation to Donegal.