Thursday, 21 November 2019

Ceisteanna (271)

Tom Neville


271. Deputy Tom Neville asked the Minister for Housing, Planning and Local Government the details of the local government Part XI planning and public consultation process including the decision making responsibilities and the right of appeal; and if he will make a statement on the matter. [48456/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Housing)

The public procedure for Part XI development is provided for under Part 8 of the Planning Development Regulations 2001, as amended. A planning authority is required to advertise its proposals for certain types of its own developments, erect a site notice, make available plans and particulars for inspection and to invite submissions and observations from members of the public as well as from the relevant statutory bodies in respect of such proposals.

Under Section 179 of the Planning and Development Act 2000, as amended, the Chief Executive of the authority is then required to produce a report, including reference to all submissions received, regarding the proposed development for the consideration of the elected members of the Council.

The development proposals and the Chief Executive's report must be submitted to the elected members of the Council who may, as a reserved function, resolve to accept, modify or reject the proposal within 6 weeks of the date of the receipt of the report made by the Chief Executive.

As developments prescribed in Part 8 of the 2001 Regulations are exempted development, there is no provision for a planning appeal. However, anyone may apply to the High Court to seek judicial review of any decision made by a planning authority or An Bord Pleanála.