Dáil Éireann Debate, Tuesday - 28 May 2013
470. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government if he plans to amend legislation in order to provide for cases in which recommendations of planning inspectors are overruled by the board of An Bord Pleanála; and if he will make a statement on the matter. [25378/13]
Amharc ar fhreagraThe statutory requirements, in these circumstances, are set out in section 34 (10) of the Planning and Development Act, 2000 which requires that a statement ‘shall indicate the main reasons for not accepting the recommendation in the report or reports to grant or refuse permission.’ The Board is not obliged to provide discursive reasoning either for a decision that accepts the inspector’s recommendation or for ancillary reasons on occasions when it disagrees. There is ample legal precedent upholding this position and the Board’s application of the legislation.
