Vol. 392 No. 1
asked the Minister for the Environment if he or any officials in his Department made any representations to any official or member of Meath County Council in relation to the application for planning permission lodged on behalf of Radio Tara Ltd for a transmission station; and if he will make a statement on the matter.
235.
asked the Minister for the Environment if he or any official in his Department made any representations to any official or member of An Bord Pleanála in relation to the application for planning permission which was lodged by Radio Tara Ltd. for a transmission station; and if he will make a statement on the matter.
236.
asked the Minister for the Environment if his attention has been drawn to the fact that the inspector who conducted the oral hearing on behalf of An Bord Pleanála, for the application for planning permission by Radio Tara Ltd. for a transmission station, sought and had throughout the course of the oral hearing the full support of a technical expert from EOLAS; and if he will make a statement on the matter.
237.
asked the Minister for the Environment if his attention has been drawn to the fact that the inspector's report on the appeal of the application for planning permission for a transmission station by Radio Tara recommended refusal for the following reasons: (a) the unsuitability of the area in regard to population density, (b) the excessive level of nuisance to be expected from electrical interference and the repetitive remedial action required to eliminate it and (c) the significant devaluation of property in the vicinity; notwithstanding such a clear and authoritative recommendation, the reason An Bord Pleanála chose to grant permission; if he has satisfied himself that the board have the necessary technical competence to arrive at this decision; and if he will make a statement on the matter.
238.
asked the Minister for the Environment if, in light of the complete rejection by An Bord Pleanála of the comprehensive recommendations made by a senior planner on foot of an extensive oral hearing in relation to the technical details and environmental considerations surrounding the application by Radio Tara Ltd. for permission for a radio transmission station, he will require An Bord Pleanála to make available to the public all inspectors' reports arising from oral hearings; and if he will make a statement on the matter.
239.
asked the Minister for the Environment if, in the interest of openness, clarity and understanding, he will require An Bord Pleanála to state the reasons for their granting of a planning permission if and when the granting of such a permission is clearly and substantially at variance with the recommendations of the planning inspector; and if he will make a statement on the matter.
I intend to take Questions Nos. 234 to 239 together.
By virtue of section 7 (3) of the Local Government (Planning and Development) Act, 1982, and section 23 (1) of the Local Government (Planning and Development) Act, 1983, I am precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. Accordingly, neither myself nor my Department made any representations to members or officials of the planning authority or An Bord Pleanála.
In view of the afore-mentioned legal provisions, it would be inappropriate for me to comment on the board's decision in the case and, in any event, I understand that the matter is sub judice.
It is a matter for the board, in accordance with the provisions of the Planning Acts, to take all necessary steps to discharge their statutory duties and functions under the Acts, including where the board consider it appropriate, the employment of consultants, experts or advisers in individual cases.
The primary function of the board is to determine planning appeals and in so doing, to take all relevant factors into consideration. As the decision-making body, it is a matter for the board to determine to what extent the inspector's report is adopted, whether wholly, in part, modified by conditions etc., in reaching their decision on an appeal. Since the inspector's report is only a part of the decision-making process, it is not the practice that such reports be made available to the public.
In all cases An Bord Pleanála must include the reasons for their decision, including the reasons for any conditions attached to an appeal.
