Dáil Éireann Debate, Tuesday - 14 November 2017
495. Deputy Clare Daly asked the Minister for Housing, Planning and Local Government if his attention has been drawn to a matter (details supplied); and the steps he will take to ensure that developers do not interfere with the right of persons to lodge appeals against planning decisions. [47631/17]
Amharc ar fhreagraUnder section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.
Public participation is a crucial element of all substantive decision-making processes under the Planning and Development Acts, having regard to the requirements of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters and the EU Environmental Impact Assessment Directive. Thus, any member of the public is entitled to make observations or a submission on a planning application, and, where he or she does so, is entitled to—
- have his or her observations or submission considered by the planning authority,
- be notified of the authority’s decision on the application,
- appeal the authority’s decision on the application to An Bord Pleanála or make observations or a submission to the Board in relation to an appeal of that decision, and
- withdraw in writing an appeal that he or she has made at any time before the appeal is determined by the Board, without any requirement to state the reason for the withdrawal.
In considering planning applications or appeals, a planning authority or the Board is required to consider the proper planning and sustainable development of the area concerned and the prospective effects on the environment of the proposed development, having regard to a range of matters specified in legislation, including observations or submissions made by members of the public.
While any suggestion of threats or intimidation being applied in relation to any individual planning application or appeal would be a matter of concern, I am not convinced that there are changes that can reasonably be made to planning legislation that would necessarily improve matters in this area. However, any person who is the subject to threats or intimidation in relation to a planning matter should report the matter to the An Garda Síochána for investigation.
