Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Planning Matters.

Bernard Allen

Ceist:

677 Mr. Allen asked the Minister for the Environment and Local Government the plans he has to change the legislation governing An Bord Pleanála to ensure that detailed reasons are given for decisions made on appeals submitted to the board in order to introduce a degree of accountability to the process without affecting the independence of the board. [21087/01]

Bernard Allen

Ceist:

678 Mr. Allen asked the Minister for the Environment and Local Government the number of decisions made by An Board Pleanála in 2000 and 2001 which contravened local development plans drafted by local authorities. [21088/01]

Minister for the Environment and Local Government (Mr. Dempsey):

I propose to take Questions Nos. 677 and 678 together.

The Planning and Development Act, 2000 requires An Bord Pleanála to give the main reasons and considerations on which its decision on an appeal is based. Draft regulations which will enable me to bring the development control provisions of the Act into force, have been prepared by my Department and sent on an informal basis to the Oireachtas Joint Committee on the Environment and Local Government. Oireachtas approval of the regulations is required and I hope to be in a position to make the regulations shortly with a view to bringing the development control provisions of the Act into force early in the new year.

An Bord Pleanála does not maintain any statistics in relation to the number of times it decides to grant permission for development which would contravene materially the provisions of the development plan. The Planning and Development Act, 2000, sets out new provisions on the circumstances where the board may grant permission for development which contravenes materially the relevant development plan. Section 37(2) of the 2000 Act provides that in cases where the planning authority decides in the first instance to refuse permission on the grounds that proposed development would materially contravene the development plan, the board may only grant permission when it considers that: the proposed development is of strategic or national importance; or there are conflicting objectives in the development plan or the objectives are not clearly stated in so far as the proposed development is concerned; or permission for the proposed development should be granted having regard to regional planning guidelines for the area, ministerial guidelines under section 28, the statutory obligations of any local authority in the area, and any relevant policy of the Government, the Minister or any Minister or permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the making of development plan.

It is the intention of the board to maintain records on decisions taken which contravene the relevant development plan once the provisions of Section 37 have been commenced with following the making of the regulations referred to above.