An Bord Pleanála operates under a strict Code of Conduct as required by section 150 of the Planning and Development Act 2000, one of the purposes of which is to ensure that any potential conflicts of interest relating to its statutory functions are dealt with in an appropriate manner. This Code is available for viewing on the Board's website at the following link:
http://www.pleanala.ie/about/conduct.htm.
Section 13 of the Code outlines the procedures for dealing with conflicts of interest in the context of Board meetings, where appeals and other planning cases are determined. Section 15.2 of the Code specifically requires that a Board member shall not deal with any case in any capacity on behalf of the Board where the member had any involvement at any time in the matter, either on a personal basis or on behalf of a previous employer or as a member of any other organisation or voluntary body.
Furthermore, section 15.4 of the Code requires that a Board member shall not knowingly deal with a file relating to a planning authority or a private practice where he or she was previously employed during the previous 2-year period or any voluntary or professional organisation of which the person is or was a member during the previous 2-year period.
In effect, the highest standards of integrity and impartiality are expected to be adhered to by Board members so that no conflict of interest issues arise in the discharge of their planning functions. Where a conflict of interest situation arises, Board members are expected to declare same and to exclude themselves from any involvement in the case in question in accordance with the Code of Conduct.
The appointment process for ordinary Board members of An Bord Pleanála is set out under section 106 of the Planning and Development Act 2000, as amended, and the associated Regulations. This provides that appointments to the Board by the Minister are generally made from candidates nominated by panels of prescribed bodies which are representative of a broad range of societal interests.
For the purposes of filling a Board vacancy arising on 31 December 2018, I initiated the relevant appointment process in August 2018 and in accordance with the provisions of the Act, nominations were sought from the relevant prescribed bodies. A total of 11 individuals were nominated for consideration for appointment. Following detailed consideration of the nominations received, I, as Minister, made my decision and signed an Order on 5 December 2018 to appoint the individual concerned as a Board member of An Bord Pleanála, an appointment which will take effect on 1 February 2019.
