An Bord Pleanála is a statutory independent body established under section 3 of the Local Government (Planning and Development) Act, 1976. It would therefore be inappropriate for me to comment on decisions taken by the board. However, while I am aware from the board's annual reports that they overturn the recommendation of their inspector in 9% to 10% of cases, I am not aware of the source of the statement in the question that the board has refused 19% of permissions for child care facilities against local authority and their own inspector's view. The board appeared before the Joint Oireachtas Committee on the Environment and Local Government on 22 November 2000, specifically in relation to decisions on child care facilities, and Deputies had an opportunity to raise the issues directly with the board.
Government policy on child care is to increase the number of child care places available and to improve the quality of child care services for the community. I published draft guidelines for planning authorities on child care facilities for public consultation in May 2000. Those guidelines are currently being finalised by my Department following a public consultation process. The final guidelines will be issued as ministerial guidelines under section 28 of the Planning and Development Act, 2000. Section 28 requires that planning authorities and An Bord Pleanála shall have regard to any such ministerial guidelines in the performance of their planning functions.
Under planning law, a judicial review of a decision on a planning appeal by An Bord Pleanála may only be allowed where an application for leave for judicial review is sought within two months of the decision and only where the High Court is satisfied that there are substantial grounds for contending that the decision is invalid or ought to be quashed. In relation to individual planning appeal cases, the whole file, including the decision, the inspector's report on the case and any directions given by the board in relation to the matter, is available for inspection by the public from the third working day following the board's decision. Therefore, documentation is currently made available which would facilitate any application which might be made for a judicial review.
