Wednesday, 10 February 2021

Questions (291)

Dara Calleary

Question:

291. Deputy Dara Calleary asked the Minister for Housing, Local Government and Heritage the exact legislative guidance for local authorities on the status of live planning applications when a new county development plan comes into effect; if applications will be adjudicated on the old or new development plan; and if he will make a statement on the matter. [6509/21]

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Written answers (Question to Housing)

Section 34(2)(a) of the Planning and Development Act 2000, as amended (the Act), provides that when making its decision on a planning application, the planning authority shall be restricted to considering the proper planning and sustainable development of the area having regard to the provisions of the local development plan as well as a number of other factors including any guidelines issued by the Minister under section 28 of the Act, the policy of the Government, the Minister or any other Minister of the Government.

A development plan made under section 12 of the Act shall have effect 6 weeks from the day that it is made. Where a proposed development would contravene materially the development plan or local area plan, a planning authority may, notwithstanding any other provision of the Act, decide to grant permission through the prescribed process set out in section 34(6) of the Act. This process includes placing a notice in at least one daily newspaper circulating in the area of any proposed material contravention of a plan, notifying prescribed parties of any such proposal, offering them and the public the opportunity to make submissions on the proposal within 4 weeks of the notice or notification, the preparation of a report by the Chief Executive on the proposed material contravention taking into account any submissions received and ultimately, the adoption of a resolution by the elected members approving the proposal of the Chief Executive to grant permission.