asked the Minister for Local Government to what extent planning permissions which are at variance with local authority plans are being given, on appeal, by his Department.
Ceisteanna — Questions. Oral Answers. - Planning Permissions.
150.
I assume that the local authority plans referred to by the Deputy are the development plans or the draft development plans which have been prepared by the planning authority for the area.
Under the provisions of section 26 of the Local Government (Planning and Development) Act, 1963, I am restricted in dealing with an appeal to considering the proper planning and development of the area of the planning authority concerned, including the preservation and improvement of the amenities of the area, regard being had to the provision of the development plan for the area, the provisions of any special amenity area order relating to the area and various matters referred to in subsection (2) of the section. Appeals are determined on this basis.
I would remind the Deputy that, while due regard must be had to the provisions of a development plan, these provisions state objectives and are not necessarily all or even in most cases in a rigid form and that it is possible to differ as to how best such stated objectives may be realised in dealing with a particular case. Again, where the objectives in the development plan are for some reason inadequate in relation to a particular case for the overall purpose of securing the proper planning and development of the area it is then a matter to decide how best this overall purpose should be secured.
I would also remind the Deputy that the Minister is entitled to take a decision on appeal in effect involving a contravention of a specific provision of the development plan, provided of course that such a decision is based on the proper planning and development of the area. This power is used with the greatest of discretion and I would be very slow to give a decision involving a material contravention of a plan. Such a decision would be taken only where it is clear that all the circumstances warrant it, for example, if they indicate that the strict application of the relevant provision of the plan would in the particular case cause unjustified hardship while the decision would not in fact be in conflict with the general criterion of the proper planning and development of the area and would not lead to a more fundamental departure from the plan.