Under section 126 of the Planning and Development Acts 2000-2012, it is a statutory objective of An Bord Pleanála to determine appeals and certain other matters within 18 weeks. The statutory objective was met in 81% of cases in 2011 compared to 64% in 2010 and 26% in 2009. This objective also applies to strategic infrastructure applications. Where the Board does not consider it possible or appropriate to reach a decision within 18 weeks (e.g. because of delays arising from the holding of an oral hearing), it will inform the parties of the reasons for this, and will indicate when it intends to make the decision.
It is the case, of course, that strategic infrastructure applications, by their very nature tend to be large-scale, complex cases which place greater demands on the capacity and expertise of the Board. Nevertheless, it is the duty of the Board, having regard to the special importance of applications relating to strategic infrastructure development, to ensure that consultations are held and decisions are taken as expeditiously as is consistent with proper planning and sustainable development, and for that purpose to take all practicable steps to avoid delays in the decision making process. It is also a requirement for applicants, prior to the submission of applications for strategic infrastructure development, to engage in consultation with bodies prescribed under article 213 of the Planning and Development Regulations.
Accordingly, while it is important that the Board should seek to maximise the extent to which it can meet its statutory objective, I do not consider it appropriate to introduce binding time limits for decisions by the Board.
