Seán Canney (Galway East, Independent)

I thank the Deputy very much for raising this matter. I will give her the reply that I have been given, but, basically, my understanding is that in the context of the role of the Minister, this is a planning issue. I believe there is planning going on at the moment. I do not know the exact detail. While there is a planning application in the system, the role of the Minister is primarily to provide a policy and legislative framework under which the planning authorities, An Coimisiún Pleanála and the Office of the Planning Regulator, OPR, perform their statutory planning functions.

I understand there is a live planning case and therefore, as provided under section 30 of the Act of 2000, the Minister for Housing, Local Government and Heritage shall not exercise any power or control in relation to any particular case with which a planning authority or An Coimisiún Pleanála is or may be concerned. This means that the Minister is explicitly prevented from interfering in such cases, which is of utmost importance to maintain the independence of the planning authority or the commission. Therefore, it would be inappropriate to comment on any individual case that may be subject to appeal or judicial review. All development proposals require planning permission unless they are specifically exempted under the Planning and Development Act 2000, as amended, or the supplementary Planning and Development Regulations 2001, as amended.

Where any person is unsure if planning permission is required, under section 5 of the 2000 Act they may seek a declaration from the relevant planning authority as to whether any particular case is or is not a development, or is or is not exempted development, within the meaning of the 2000 Act. When a person submits a planning application, irrespective of whether the proposed development is located in an urban or rural area, the relevant planning authority in making its decision shall have regard to the proper planning and sustainable development of the area. It is a matter for the relevant planning authority to consider each application on a case-by-case basis and to decide whether to grant the permission, subject to or without conditions, or to refuse permission. Where an individual who has participated in the planning process, or is directly affected by a planning decision of a planning authority, they may lodge an appeal to the commission in accordance with section 37 of the 2000 Act. Furthermore, any person who has participated in the appeals process, or shows they have sufficient interest, may seek a judicial review.

Public participation is a long established and key element in the substantive decision-making process under the planning Acts. It is open to any person to make a submission or observation. In addition, a person who made a submission or observation on a planning application that a planning authority has decided to grant or refuse may subsequently appeal this decision to An Coimisiún Pleanála or may make a further submission in relation to an appeal of that decision.

I do not know the exact detail of this case, but I understand there is a planning process going on. While that planning process is going on, the Minister cannot interfere in it. It has to go through its course. If that is the correct position, I will accept the Deputy's response.

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