Planning Issues

Dáil Éireann Debate, Wednesday - 30 April 2014

Wednesday, 30 April 2014

Questions (450, 451)

Stephen Donnelly

Question:

450. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government his policy on the duty of local authorities to enforce the terms and conditions of planning approvals granted by An Bord Pleanála under section 175 of the Planning and Development Act 2000 for a public private partnership project, where such terms and conditions are essential to preserving the integrity of the coastline and to preventing or limiting coastal erosion; and if he will make a statement on the matter. [18743/14]

Stephen Donnelly

Question:

451. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government the mechanisms for oversight and-or mechanisms for investigation available for the actions of a local authority to be investigated, where the local authority has failed or neglected to enforce planning terms and conditions granted by An Bord Pleanála under section 175 of the Planning and Development Act 2000 for a public private partnership project, which are essential to preserving the integrity of the coastline and to preventing or limiting coastal erosion; and if he will make a statement on the matter. [18744/14]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

I propose to take Questions Nos. 450 and 451 together.

A local authority is required to carry out any development for which it has obtained approval from An Bord Pleanála under section 175 of the Planning and Development Act 2000 in accordance with the terms of that approval. Local authorities are fully expected to comply with this provision. Section 255 of the Planning and Development Act 2000 sets out a range of powers of investigation available to the nister for the Environment, Community and Local Government in relation to overseeing the operation by planning authorities of their planning functions. However, these powers of oversight are general in nature and only apply to the overall functioning of the planning authority and not to individual planning cases. Furthermore under section 30 of the Act, the Minister is specifically precluded from exercising any power or control in relation to any individual cases with which a planning authority or An Bord Pleanala is concerned.