Vol. 465 No. 1
129 Mr. Sargent asked the Minister for the Environment if he will amend the Local Government (Planning and Development) Regulations, 1994, Part X, in order to allow an appeals process to be followed using the same procedures as those which apply to private developers and State authorities. [9333/96]
The carrying out of development by a local authority in its functional areas is exempted development under the Local Government (Planning and Development) Act, 1963 and is not, therefore, subject to normal planning procedures. However, in accordance with Part X of the Local Government (Planning and Development) Regulations, 1994, local authorities are obliged to give public notice of most major developments which they propose to carry out. Submissions or observations on the proposal must be sought and the plans must be available for inspection by the public during a period of not less than one month. A report on the proposal must then be prepared, including details of any submissions or observations received. This report must be submitted to the elected members of the local authority who have the discretion, under section 3 of the Local Government Act, 1955, to direct that the proposed development is not to proceed.
This procedure was introduced in 1994, after full consideration, and in the context of changes to planning law relating to development carried out by public bodies generally. I believe that it is an open and democratic procedure. I have no plans to replace it.
