In accordance with section 179 of the Planning and Development Act 2000, as amended, and Part 8 of the Planning and Development Regulation 2001, as amended, local authorities are required to obtain the approval of the elected members for carrying out certain works in their administrative areas, including the construction of houses. A consultation process is required to be undertaken prior to the submission of the matter to the elected members and any views of the public and relevant statutory consultees are required to be taken into account in this regard.
Local authorities are separate, independent statutory bodies and section 63(3) of the Local Government Act, 2001 provides that subject to law, a local authority is independent in the performance of its functions. However, local authorities are of course required to carry out their functions in accordance with the law. My primary role in relation to local authorities is to provide the policy, financial and legislative framework within which they perform their designated functions.
While I, as Minister, have certain powers under the Planning and Development Act with regard to the more general operation of local authorities in the area of planning - e.g. to issue policy directives under section 29 of the Act, directions under section 31, or the power to request a report on the performance of a local authority’s functions under section 255 of the Act – I am precluded from intervening or exercising any power or control in relation to any individual case in which a planning authority may be involved. Where an individual is of the view that a local authority has not adhered to the prescribed procedures prior to undertaking specific works, it is open to such individual to seek redress through the Courts or by lodging a formal complaint with the Office of the Ombudsman.
