Dáil Éireann Debate, Wednesday - 20 March 2013
367. Deputy Joe Higgins asked the Minister for the Environment, Community and Local Government if decisions by the An Bord Pleanála Appeals Board are binding on county council and city council managers; and if parties successfully taking cases to the An Bord Pleanála Appeals Board have any statutory recourse if they believe decisions made in their favour have not been enforced. [13744/13]
Amharc ar fhreagraDecisions by An Bord Pleanala are binding and the validity of a decision taken by the Board may only be questioned by making an application for judicial review under Order 84 of the Rules of the Superior Courts. Any such application for judicial review does not involve the courts adjudicating on the merits of a proposed development from the perspectives of the proper planning and sustainable development of the area and/or effects on the environment.
An Bord Pleanála has no powers of enforcement. Enforcement of planning decisions, whether made by the Board or a planning authority, and interpretation of conditions imposed in decisions are primarily the responsibility of the local planning authority. In accordance with enforcement provisions in Part VIII of the Planning and Development Act s 2000 - 2012, a planning authority must follow up on written complaints made to it by members of the public regarding unauthorised development , including non-compliance with planning decisions. Any person may apply to the High or Circuit Courts for an injunction in relation to unauthorised development in certain circumstances.
