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Planning Issues

Dáil Éireann Debate, Tuesday - 17 April 2018

Tuesday, 17 April 2018

Ceisteanna (1498, 1499, 1500, 1501, 1502)

Eamon Ryan

Ceist:

1498. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government the statutory authority under which he issued ​circular letter PL 02/20189 (details supplied). [14948/18]

Amharc ar fhreagra

Eamon Ryan

Ceist:

1499. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government if he obtained legal advice before issuing circular letter PL 02/20189. [14949/18]

Amharc ar fhreagra

Eamon Ryan

Ceist:

1500. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government if he or his officials had discussions with an association (details supplied) before he issued circular letter PL 02/20189. [14950/18]

Amharc ar fhreagra

Eamon Ryan

Ceist:

1501. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government if he or his officials had discussions with the law agents of planning authorities before he issued circular letter PL 02/20189. [14951/18]

Amharc ar fhreagra

Eamon Ryan

Ceist:

1502. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government the way in which it came to his attention that individual planning applications made under Part 3 of the Planning and Development Act 2000, as amended, are increasingly being discussed at municipal district area committee and-or council meetings of some local authorities prior to a decision being made on the application concerned, as referred to in circular letter PL 02/20189. [14952/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 1498 to 1502, inclusive, together.

Following engagement with the Land Use and Transport Committee of the County and City Management Association (CCMA) in relation to the discussion of individual planning applications at Municipal District and Area Committee meetings or at full Council meetings in some local authorities, my Department issued Circular PL 02/2018 to planning authorities on 9 March 2018.

The purpose of this Circular was to remind planning authorities and elected members that they are required to consider planning applications in accordance with the open, transparent and verifiable written process set down in planning legislation and that planning authorities, when making their decisions, are restricted to considering the proper planning and sustainable development of the area concerned.

The Circular further indicates that, while the statutory Development Management Guidelines issued to planning authorities under section 28 of the Planning and Development Act 2000, as amended, recognise that elected members may be informed by planning staff of factual matters relating to particular planning applications, the provision of such information is intended to inform elected members who may wish to make substantive comments on planning applications by way of formal written submissions or observations to the planning authority.

In this regard, the Circular points out that discussion of the merits of individual planning applications at Municipal District and Area Committee meetings or full Council meetings does not form part of the statutory process for the consideration of planning applications, and that the practice could be viewed as an attempt to undermine due process and exert undue influence on the planning authority to make a decision that would not be in the interests of the proper planning and sustainable development of the area concerned. The Circular also states that the practice of discussing planning applications at relevant Council meetings could convey an erroneous impression to the public of the role of elected members in the statutory process for deciding on planning applications.

As the Circular restates and does not amend the relevant provisions of the Development Management Guidelines issued to planning authorities, it was not necessary to seek legal advice or to formulate further statutory guidance in the matter.  The Circular was issued to planning authorities as part of the normal process of communication by my Department with planning authorities in relation to issues of common concern and with a view to ensuring that common approaches and practices are adopted by planning authorities in the performance of their statutory planning functions generally.

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