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Dáil Éireann debate -
Tuesday, 25 Nov 1997

Vol. 483 No. 3

Written Answers. - Planning Appeals.

Ivor Callely

Question:

282 Mr. Callely asked the Minister for the Environment and Local Government the options, if any, that a local residents committee can take when a planning matter is refused by the local authority, appealed to An Bord Pleanála and the decision overturned by An Bord Pleanála, which is contrary to the local authority development plan; and if he will make a statement on the matter. [20410/97]

Section 14(8) of the Local Government (Planning and Development) Act, 1976 expressly permits An Bord Pleanála to decide to grant a planning permission or approval even if the proposed development contravenes materially the development plan relating to the area.

Any person can make an application to the High Court for leave to seek a judicial review of a decision made by An Bord Pleanála on appeal. The review must be sought within two months of the date of the relevant decision and the High Court may only grant leave where it is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed.

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