Vol. 245 No. 6
asked the Minister for Local Government whether a local authority has any function or authority in regard to any planning application decision taken by a county manager; and whether the locally elected authority may overrule a decision in respect of outline planning permission or refusal taken by a county manager.
32.
asked the Minister for Local Government whether a section 4 motion under the City and County Management (Amendment) Act, 1955 supersedes or renders void a decision, whether permission or refusal, given by a county manager under Local Government (Planning and Development) Act, 1963; and if he will state the statutory section, instrument or regulation applicable.
With your permission, a Cheann Comhairle, I propose to take Questions Nos. 30 and 32 together.
Under section 19 of the Local Government (Planning and Development) Act, 1963, every planning authority is obliged to make a plan indicating the development objectives for their area. The exercise of this function is reserved to the elected members of the planning authority.
Under section 26 of the same Act consideration of applications for permission for the development of land must be restricted to considering the proper planning and development of the area of the authority. This executive function is exercised by the manager on behalf of the planning authority, but any decision made by him must have regard to the provisions of the development plan. A decision to grant a permission which would contravene materially a development plan cannot be made without my consent.
Under section 4 of the City and County Management (Amendment) Act, 1955, the elected members may, by resolution, require the manager to do any particular act, matter or thing which can lawfully be done and for which the money has been provided. The power under this section may be exercised, having regard to the provisions already referred to of section 26 of the 1963 Act, before a manager makes a decision on a planning application. Where a decision has already been taken by a manager on a planning application the application is no longer before the planning authority for consideration and a section 4 resolution would not be applicable.
Under Section 30 of the 1963 Act the elected members may, however, revoke or modify any permission granted to develop land at any time before the works to which the permission relates have been commenced if they consider it expedient to do so having regard to the proper planning and development of their area. Where permission to develop land has been revoked or modified under this section the planning authority may be liable for compensation under the terms of section 59 of that Act.
31.
asked the Minister for Local Government if he will list the various statutory instruments or regulations formulated under the Local Government (Planning and Development) Act, 1963.
The information requested by the Deputy is included in my reply to his question of 5th November last, since which date no new regulations under the Local Government (Planning and Development) Act, 1963, have been made.
