Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

It is on page 216. It is section 96(4)(c). That details the process. I am just giving the example this could be for a structure or further piece of infrastructure that may not be permitted in principle under an existing development plan or part of a development. Then the local authority believes it of such import that it and the chief executive bring forward a report:

... stating the main reasons and considerations on which the motion to grant permission in material contravention of the development plan or National Marine Planning Framework, as the case may be, is based, including the main reasons for considering that granting the permission may be necessary or justified having regard to the proper planning and sustainable development of the area ...

Local authority members are therefore absolutely involved right the way through. Management produces the report, gives the rationale and that goes forward by resolution for debate and discussion within the local authority itself. Local authority members can obviously reject or accept it. There is public consultation there, as the Deputy will see. Subsection (3) states:

A planning authority shall give notice, in such form and manner as may be prescribed, to the public and to such persons as may be prescribed of any motion for a material contravention resolution, and submissions may be made in respect of such motion in such form and manner, and within such period, as may be prescribed.

Subsection (5) provides that, "A material contravention resolution shall record that the members are satisfied that the development or proposed development is necessary or justified having regard to the proper planning and sustainable development of the area and, where the proposed development is or includes maritime development, objectives of maritime spatial planning." This refers to developments on land or in the maritime area and there is a three quarter bar, by the way.