asked the Minister for the Environment if he will establish a sworn judicial inquiry, headed by a High Court judge, to inquire into the circumstances under which £2 million approximately became payable as compensation by Dublin County Council to Grange Developments with particular reference to the variation by An Bord Pleanála on the conditions in the planning refusal on this company's lands at Swords, County Dublin; and if he will make a statement on the matter.
Written Answers. - Compensation for Planning Refusal.
43.
As I have explained in a letter of 12 April 1989 to the Deputy, I do not propose to establish such an inquiry.
The main facts regarding the planning decisions relevant to this case, made by Dublin County Council and An Bord Pleanála, are matters of public record. Both bodies would have been obliged to reach their decisions on the basis of the proper planning and development of Dublin county, regard being had to the provisions of the development plan at the relevant time. Both bodies would also have been obliged to act impartially and without bias. Within these basic requirements, the law clearly contemplates the possibility of a planning authority and An Bord Pleanála reaching different determinations in respect of the same planning application and of certain planning decisions giving grounds for compensation claims.
It must be presumed, until the contrary is shown, that both Dublin County Council and An Bord Pleanála have in the present case observed the basic requirements referred to. No evidence contrary to this presumption has been offered and a judicial inquiry would not therefore be appropriate.
I consider, in any event that early consideration and enactment by the Oireachtas of the Local Government (Planning and Development) (No. 2) Bill, 1988, rather than a retrospective and costly inquiry, will best serve the public interest in relation to the important question of planning compensation.