Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

In accordance with section 255 of the Planning and Development Act 2000, as amended, I appointed MacCabe Durney Barnes to carry out an independent review of planning issues in respect of six of the seven planning authorities that were previously the subject of review by my Department. The planning authorities concerned are Carlow, Cork, Galway and Meath county councils and Cork and Dublin city councils. Planning issues were raised in respect of Donegal County Council and were also previously the subject of review by my Department. However, the High Court made an order in June 2013 quashing the part of my Department's planning review report relating to Donegal following a settlement between my Department and another party who had brought judicial review proceedings in respect of that part of the report. In light of those proceedings, I subsequently sought the advice of the Attorney General on how best to proceed in the case of Donegal. I am currently giving consideration to that advice, which I have received.

The terms of reference require the consultants to undertake a review of planning issues raised in respect of the six planning authorities concerned, particularly regarding the organisation and the systems and procedures used by them in respect of their functions under the Act, having regard to the following key aspects: the extent of consistency of policy translation and implementation within development and local area plans, with particular regard to specific cases, including examining the decision-making process in assessing planning applications and the degree of adherence to the relevant policies in development plan and local area plan policies and statutory planning guidelines, for example, certain EU directives, in informing decisions, and assessing whether the number of cases appealed to An Bord Pleanála and the number of authority decisions reversed indicate poor application of policy contexts for assessing and deciding on planning applications; the processes and procedures followed in the recording and disclosure of information and adjudicating on specific planning applications; recommendations on engagement and co-operation within planning authorities in the context of consistency in decisions and actions taken by planning authorities; and recommendations on the application of development planning policies and national policy and guidance in terms of future planning practices.

The consultants may consult with those persons, with their agreement, who raised the planning issues concerned in order to identify, clarify and understand the planning matters arising that may need to be addressed. The indicative date for the completion of the final report from the consultants is the end of July this year.

See this speech in context