Dáil Éireann Debate, Wednesday - 14 September 2022
224. Deputy Alan Kelly asked the Minister for Housing, Local Government and Heritage if a planning condition approved by a county council planning authority for a development can be overridden as part of a site resolution plan for the development [44687/22]
View answerSection 34(4) of the Planning and Development Act 2000, as amended (the Act), provides for the attaching of conditions to planning permissions by planning authorities. Under section 34(5) of the Act, conditions may provide that points of detail relating to a grant of permission may subsequently be agreed between the planning authority and the person carrying out the development. If the planning authority and that person fail to reach agreement on the matter, then it may be referred to An Bord Pleanála (the Board) for determination.
Section 146A of the Act allows for amendments of a clerical or technical nature of planning permissions. A planning authority or the Board may amend a planning permission granted by it for the purposes of: correcting any clerical errors; facilitating an action reasonably regarded as having been contemplated by a particular provision but not expressly provided for in the permission or decision; or otherwise facilitating the operation of the permission or decision. A planning authority or the Board shall not exercise these powers if to do so would, in its opinion, result in a material alteration of the terms of the development, the subject of the permission or decision concerned.
Before it decides to exercise the powers under Section 146A of the Act, a planning authority or the Board may invite submissions in relation to the matter to be made to it by any person who made submissions or observations to it in relation to the permission or other matter concerned and shall have regard to any submissions made to it on foot of that invitation.
