Dáil Éireann Debate, Thursday - 14 April 2016
750. Deputy Peadar Tóibín asked the Minister for the Environment, Community and Local Government to ensure that the scripts of the An Bord Pleanála oral hearing on the planning application for the North-South interconnector are available to the public within 48 hours of testimony being delivered. [7003/16]
Amharc ar fhreagraAn Bord Pleanála is the independent statutory body assigned responsibility for the determination of planning appeals and certain other matters under the Planning and Development Act, 2000, as amended, and for the determination of applications for strategic infrastructure development including major roads, railways and power transmission lines. Section 134 of the Act provides that the Board may, at its own discretion, hold oral hearings in relation to any cases (appeals, referrals, applications for strategic infrastructure development etc) being considered by it for the purposes of making a determination. As a general rule, the Board normally holds oral hearings in respect of all strategic infrastructure development applications unless the application can be readily assessed by way of written submissions. The purpose of such hearings is to allow further necessary elaboration, discussion and examination of relevant issues over and above written submissions. Section 135(2) of the Act provides that the person assigned by the Board to conduct an oral hearing shall have discretion as to the conduct of the hearing.
Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular planning case with which a planning authority, including An Bord Pleanála, is or may be concerned.
In addition to the provisions relating to oral hearings in the Planning and Development Act, 2000, as amended, and the Planning and Development Regulations 2001-2105, An Bord Pleanála has published a document entitled “Guidelines on Procedures at Oral Hearings” which is available from the Board’s website - www.pleanala.ie.
These Guidelines indicate that in certain cases, the Inspector or the Board may arrange for the recording of an oral hearing by a professional stenographer or by audio tape/CD to facilitate and aid the Inspector, and the Board, which will not be made available to the relevant parties during the oral hearing. The Guidelines also indicate that after the Board’s decision is made, copies of the Inspector’s report and the Board’s direction and decision and all other documents relating to the case will be made available for public inspection. Where a recording is made of the oral hearing, this will also be made available at that time.
This is an operational matter for the Board and I have no function in the matter.
