Dáil Éireann debate -
Tuesday, 27 Nov 2001

Vol. 545 No. 1

Written Answers. - Planning Regulations.

Enda Kenny

Question:

262 Mr. Kenny asked the Minister for the Environment and Local Government the rights of members of the public and public representatives to examine planning applications; the documents that members of the public, including public representatives may examine; if photocopies of letters therein may be requested and provided; and if he will make a statement on the matter. [30030/01]

Minister for the Environment and Local Government (Mr. Dempsey):

Section 5 of the Local Government (Planning and Development) Act, 1992, and Article 36 of the Local Government (Planning and Development) Regulations, 1994, contain provisions governing the availability of documents relating to planning applications. Under these provisions, where a planning application is received, the planning authority must make available for inspection the application concerned and any drawings, maps, particulars, evidence, environmental impact statement, other written study or further information received or obtained from the applicant in accordance with regulations under the Planning Acts. This material must be available during office hours, at the offices of the planning authority, from as soon as the application is received until the decision on the application is made or the application is withdrawn.

In addition, a copy of any submissions or observations made in writing received by the planning authority in relation to the planning application must be made available for inspection by the public from as soon as may be after the receipt of the submissions or observations, for a period of one month after the date of the decision on the application or until the application is withdrawn.

If an appeal is taken against the decision of the planning authority on a planning application, or against conditions attached to a permission, the submissions and observations must remain available for inspection until An Bord Pleanála has made a decision on the appeal, given directions in relation to the appeal against conditions or until the appeal is withdrawn.

Where a decision on a planning application is made, the following documents should be made available for inspection at the offices of the planning authority, during office hours, for a period of five years from the date of the decision: a copy of the planning application and any drawings, maps, particulars, evidence, environmental impact statement, other written study or further information received or obtained by them in accordance with regulations under the Planning Acts; a copy of any report prepared by or for the planning authority in relation to the planning application; a copy of the decision of the planning authority in respect of the planning application and a copy of the notification of the decision given to the applicant; and a copy of any submissions or observations made in writing received by a planning authority in relation to the planning application.

Each planning authority is also required to make available for purchase, at a fee not exceeding the reasonable cost of making the copy, any environmental impact statement which accompanies a planning application. There is no statutory obligation on planning authorities to make copies of other planning documents avail able for purchase under the current planning regulations. However, my Department issued circular letters on 11 April 1995 and on 9 January 1996 to each planning authority requesting them to put arrangements in place to make copies of planning documents available to the public for a fee not exceeding the reasonable cost of making the copy.

Section 38 of the Planning and Development Act, 2000, now provides that all copies of documents available for inspection by the public in relation to a planning application will also be available for purchase, on payment of a fee not exceeding the reasonable cost of making the copy. This provision will be brought into force with the commencement of the development control provisions of the Act, for which draft regulations are being finalised at present.