Oireachtas Joint and Select Committees

Tuesday, 22 October 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

Strategic Housing Development Review: Discussion

Ms Rachel Kenny:

Some 70% of applications are granted permission. I hope the rate will be higher. As I said at the outset, 100% are objected to and opposed by the elected representatives. It is about balance. We talked about that balance and the balance between local plans, national plans and national guidance, but there are also site-specific circumstances to be accounted for. It is impossible to say 30% this way or 50% that way. Each proposal is examined on its merits. The board cannot control the proposals submitted to it. We can give advice but it is up to the individual applicants to make applications that they regard as fitting and to push the boundaries as much as they believe is appropriate. There will always be issues outside their control, particularly regarding environmental or infrastructural deficits. We cannot always control these.

On Deputy Ó Broin's point regarding the legal difference between the board and the planning authority in terms of development plans, a planning authority cannot materially contravene its own plan without going through a specific process relating to material contravention. If it submits an application that it supports and gets three quarters of the councillors to vote in favour of it, then it can do so. Therefore, there is a mechanism for the planning authorities to grant permission for developments that materially contravene their plans. It is just a different process than the one the board goes through. There are often nuances within a local area plan. The planning authorities interpret them as they do but they will not materially contravene a plan without going through the process. It is available to them, however, so they can materially contravene their own plans.

Equally, the board can materially contravene a plan only if it has regard to the provisions regarding inconsistencies or ambiguities in a development plan, a local area plan, national policy or the changing circumstances in the specific environment. Again, it has its own procedure. In both instances, there is full transparency as to what is considered in materially contravening a plan. I do not know whether that assists.

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