Section 37J(6) of the Planning and Development Act 2000, as amended (the Act) provides that where the Minister of the day considers it to be necessary or expedient that a certain class or classes of development that are of special strategic, economic or social importance to the State be determined as expeditiously as is consistent with proper planning and sustainable development, he or she may give a direction to An Bord Pleanala that priority be given to the determination of applications of the class or classes concerned, and the Board shall comply with any such direction. This specific power has not been utilised to date.
It should be noted in this connection that special planning arrangements are separately provided for in section 37A of the Act allowing for the submission of planning applications in respect of strategic infrastructure development, as specified in the Seventh Schedule to the Act, directly to the Board where it is considered by the Board that the development would be of strategic economic or social importance to the State or the region in which it would be situated. Various forms of energy infrastructure are included in this regard in the Seventh Schedule.
Under Section 37J(2) of the Act, An Bord Pleanala has an objective to make decisions on planning applications for strategic infrastructure development within a period of 18 weeks, beginning on the last day for making submissions or observations in respect of such applications.
Where the Board does not consider it possible or appropriate to reach a decision within that timeframe (e.g. because of the particular complexities of a case or the requirement to hold an oral hearing), it will inform the parties of the reasons for this, and will indicate when it intends to make its decision. The Board shall take all such steps as are open to it to ensure that the appeal is determined before the date specified in the notice.
It should be further noted that under section 143 of the Act, all decisions by the Board shall have regard to the policies and objectives for the time being of the Government, which would include the Climate Action Plan and its associated policies and objectives.
