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Planning Appeals

Dáil Éireann Debate, Tuesday - 30 June 2020

Tuesday, 30 June 2020

Ceisteanna (886)

Verona Murphy

Ceist:

886. Deputy Verona Murphy asked the Minister for Housing, Planning and Local Government the number of decisions of An Bord Pleanála that have been the subject of judicial review proceedings in the past ten years; the number of decisions of An Bord Pleanála quashed by the courts; the number of High Court cases appealed to a higher court; the success rate on appeal for An Bord Pleanála; the number of times An Bord Pleanála conceded to the plaintiff in a judicial review case; the number of times legislation has been amended as a result of decisions of the courts; the legal firm and barristers that represented An Bord Pleanála in each case; the legal costs for each member of the legal team by case in the past ten years; the legal costs of the plaintiffs in circumstances in which An Bord Pleanála lost or did not concede by case; and the details of legal costs including persons paid and payments to the legal team of the plaintiff in cases in which An Bord Pleanála conceded without trial. [13261/20]

Amharc ar fhreagra

Freagraí scríofa

The recording of court cases is one in which I have no statutory function and is a matter for the Courts Service which is statutorily independent. Judicial Reviews against the State, which my Department may be included as a party, are co-ordinated by the Chief State Solicitors Office under the guidance of the Attorney General's Office.

Under section 30 of the Act, 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.

An Bord Pleanála can be challenged by Judicial Review on a range of its functions and they publish an update on legal cases in their Annual Report. Local authorities may also be subject to Judicial Review on a range of their functions and therefore it is a matter for each local authority and their respective legal teams to record.

In accordance with the Department of Public Expenditure and Reform's Circular 25/2016 entitled "Protocol for the Provision of Information to Members of the Oireachtas by State Bodies", the Board has the necessary arrangements in place to deal directly with enquiries from Oireachtas members, including a dedicated email address (oireachtasqueries@pleanala.ie) and webpage:  http://www.pleanala.ie/about/oireachtasqueries.htm. 

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