Oireachtas Joint and Select Committees

Wednesday, 6 February 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

An Bord Pleanála: Discussion

Ms Rachel Kenny:

In response to the query on contravening a development plan and the national picture versus the local one, when the board looks at applications submitted in the first instance and appeals, it looks to the most up to date policy context and best practice. At the moment, that is largely within the national framework, given the number of recent guidance and policy context changes that have occurred nationally. Ultimately, all of these will begin to be reflected in the some of the county and local development plans over the coming years so that there will be less of a mismatch between the national picture and the local policy context. However, if we have applications or appeals in with us and there are differences between the two, which is the case at the moment, there is no one, de facto, way of dealing with them. We look at what is in most accordance with proper planning and sustainable development.

If we are contravening the plan or recommending contravention of the plan, the reasons for that are very clearly outlined. It usually relates to a conflict between the local and national picture or within particular plans. There are several conflicts within particular development and local plans and those would be considered.

On strategic housing, obviously, we do not have to go through the section 37 criteria in order to contravene a plan. The one thing we cannot contravene is the zoning objective. However, a developer proposing to materially contravene a plan is required to advertise that fact when making the application to us and to justify that contravention. We will examine that closely. There is node factopermission to contravene a plan. The proposal must accord with proper planning and sustainable development and that is what we consider in order to try to deliver the best for the future.