Dáil Éireann Debate, Tuesday - 27 June 2017
628. Deputy Catherine Martin asked the Minister for Housing, Planning, Community and Local Government if section 13 of the Planning and Development Act 2000 is an executive or reserved function; and if he will make a statement on the matter. [30004/17]
View answer629. Deputy Catherine Martin asked the Minister for Housing, Planning, Community and Local Government if a resolution to require a particular action to be carried out under section 140 of the Local Government Act 2001 can be applied to a variation to a development plan under section 13 of the Planning and Development Act 2000; and if he will make a statement on the matter. [30005/17]
View answerI propose to take Questions Nos. 628 and 629 together.
Under the provisions of Section 131 and Schedule 14 of the Local Government Act 2001 (as amended), reserved functions include the making or revoking of an order or the passing or rescinding of a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of such area of a local authority.
In the case of a variation of a development plan under Section 13 of the Planning and Development Act 2000 (as amended), such reserved functions would relate to the making of the variation under Section 13(6).
Moreover, under the provisions of Section 52 of the Local Government Act 2014, introduced on foot of certain recommendations of the Tribunal of Inquiry into Certain Planning Matters and Payments (the Mahon Tribunal), Section 140 of the Local Government Act 2001 was amended to exclude resolutions in respect of any act, matter or thing to be done or effected in the performance of the executive functions of a local authority in respect of its functions as a planning authority under the Planning and Development Act 2000 (as amended).
Therefore, it is not appropriate to utilise Section 140 of the Local Government Act 2001 (as amended) to require the initiation of a development plan variation.
