Dáil Éireann Debate, Wednesday - 20 March 2024
586. Deputy Matt Shanahan asked the Minister for Housing, Local Government and Heritage if he has considered making changes to the criteria which allows for observations and planning objections to be made to local authorities, often from people who have questionable impact personally from developments proposed; and if he will make a statement on the matter. [11655/24]
View answerThe Planning and Development Act 2000 provides that in considering planning applications or appeals, a planning authority or the Board is required to consider the proper planning and sustainable development of the area concerned and the prospective effects on the environment of the proposed development, having regard to a range of matters specified in legislation, including observations or submissions made by members of the public. This policy position is replicated in the Planning and Development Bill 2023 which is currently before the Oireachtas.
Public participation is a crucial element of all substantive decision-making processes under the Planning and Development Act 2000 and the proposed Planning and Development Bill 2023 and is also a requirement under the Aarhus Convention and Environmental Impact Assessment Directives in relation to specific types of developments.
It is open to any member of the public to make an observation or submission on a planning application and the planning authority is statutorily obliged to consider such submissions before making a decision on the application. Persons who make submissions are also entitled to be notified of any significant further information provided to the planning authority by the applicant and to be notified of the authority’s decision on the application. Furthermore, any person who made a submission on a planning application may appeal the planning authority’s decision on the application to An Bord Pleanála or may make a submission to the Board in relation to an appeal of that decision.
The fees payable by members of the public to participate in the planning decision-making process are set at a level that, as well as contributing towards the cost of processing applications and appeals, discourages frivolous or vexatious submissions without hindering genuine public participation. In addition, the Board currently has discretion to dismiss an appeal where it is satisfied that the appeal is vexatious, frivolous or without substance or foundation or where the appeal is made with the sole intention of delaying development or of securing the payment of money, gifts, considerations or other inducement by any person. These provisions are replicated in the planning and Development bill 2023.
Notwithstanding this point, in July of this year I wrote to the Attorney General and to the Minister for Justice in relation to demands for financial compensation regarding planning objections. The Attorney General provided views that matters such as these are provided for under current legislation, notably, section 17 of Criminal Justice (Public Order) Act which states “It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.” The Attorney General also advised that sections 6 & 7 of the Criminal Justice (Theft & Fraud Offences) Act may apply in instances such as these.
In order to protect the planning system, I am currently considering whether it is appropriate to provide additional sanctions in relation to spurious appeals or observations in the Planning and Development Bill 2023. If required I will bring forward amendments to the Bill over the coming weeks as it progresses through the Houses of the Oireachtas.
It is important to reiterate that Government is opposed to the abuse of any process, including in relation to planning, for personal gain to the detriment of the process, this includes behaviour that would lead to a possible abuse of the courts system. Anyone with any concerns regarding a breach of law in respect to a planning application should contact Gardaí.
