Dáil Éireann Debate, Tuesday - 14 December 2004
408 Mr. Murphy asked the Minister for the Environment, Heritage and Local Government if he has power over An Bord Pleanála; and if the board can issue decisions that directly conflict with Government policy and the national interest. [33460/04]
View answerAn Bord Pleanála has been established under the planning legislation to operate independently in performing its functions. In dealing with an appeal, the board must consider all submissions on the file, together with the inspector's report and recommendation and reach its own conclusion. This must be in accordance with the proper planning and sustainable development of the area, having regard to the local development plan and, under section 37(1)(b) of the Act, any relevant policy of the Government or Minister.
Under section 28 of the Planning and Development Act 2000, the board must have regard to ministerial guidelines in the performance of its functions. It must also comply with any ministerial directive issued under section 29 of the Act. However, under section 30 of the Act, as amended, and subject only to exception for comments on heritage issues in particular planning cases, I am precluded from exercising any power or control in any particular case with which a planning authority or An Bord Pleanála may be concerned.
