Denis Landy (Labour) | Oireachtas source

I welcome the delegation to the meeting and apologise for having to leave for a vote. I will take up where the Chairman left off. It seems the trend is downwards. There is a quite obvious downward trend with regard to the number of planning appeals received by An Bord Pleanála. The target of 90% should have been achieved by now. I am a bit baffled by that.

What are Dr. Kelly's views regarding the efforts made by local authorities across the country to put in place guidelines assisting planning decisions in respect of wind energy and wind turbines? In some counties, a full policy document has been adopted, while in others, there are guidelines in respect of distances. In Donegal, there was a proposed distance guideline of 1 km, which was defeated. I do not know whether it was through An Bord Pleanála or in court in recent times. Local authorities spent much time putting guideline documents in place. What cognisance, if any, does An Bord Pleanála take of these guidelines when making its decisions? Where does it see this guideline issue going? If we are to believe what we are being told, we are to double the number of wind turbines between now and 2020. From the board's own reports and website, I see that it has approved 66% of what came to it by way of appeal on wind turbines. Could Dr. Kelly outline why the board approved 66% and refused 33% of these appeals?

Dr. Kelly stated that the board had received 805 notices in respect of quarries. I presume they are queries of some shape or form. The board has dealt with 325 of these to date. From talking to staff in local authorities, I know they are extremely frustrated that decisions on these are not coming out fast enough. There have been no discussions between An Bord Pleanála and the staff of local authorities on how staff should interpret section 261(A) of the legislation. What proactive work does the board do when new legislation appears to consult with local authorities so there is no mix-up in the interpretation with regard to decisions pertaining to this legislation? It seems amazing that we are dealing with planning legislation, primarily the Planning and Development Act (Amendment) 2010, yet the board overturns 30% of decisions made by local authorities. It should be pretty clear that the legislation is there and the local authority adheres to this in making its decision. Yet in one in every three cases adjudicated by the board, it overturns the decision of the local authority. I am a bit concerned about that and would like some clarity.

My final point concerns communication by the board as an adjudicating board on decisions made by local authorities. It does not appear to have any liaison with them or have any communications on new legislation. As a layperson, I would have thought that when legislation appears, they are the first port of call for the applicant and the board would give them clear guidance as to how it interprets that legislation. A local authority that is well known to the Chairman - I will not name it - voted 27 to nil against a material contravention and the board overturned the decision of the local authority members.