Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I thank the Senator for raising this issue. I am taking this Commencement matter for the Minister, Deputy Alan Kelly.

Under section 255 of the Planning and Development Act 2000, the Minister for the Environment, Community and Local Government has certain investigatory powers in regard to the review of the performance by planning authorities of their functions under the Act.These powers are, however, restricted to the review of the organisation and of the systems and procedures used by planning authorities in relation to their functions. They do not extend to the review of individual planning applications.

Under section 30 of the Planning and Development Act 2000, as amended, the Minister is specifically precluded from exercising any power or control in regard to any particular planning application with which a planning authority, including An Bord Pleanála, is or may be concerned. Section 224 of the Local Government Act 2001 enables the Minister to authorise a person to prepare a report for him or her regarding any matter arising in relation to the performance of functions by a local authority.

I understand that the matter raised relates to a planning applicant who has complained about the handling of two planning applications by Limerick County Council in relation in particular to pre-application consultations entered into by the person concerned with the council. I further understand that the person in question complained about the council's handling of his planning applications to the previous Ombudsman, who did not find any maladministration by the council in this matter, and that this decision was upheld on appeal. I also understand that the Ombudsman, as an exceptional matter, granted a further review of the case, following which the previous finding was upheld. The person subsequently made a further complaint to the current Ombudsman who found that while there were some failings on behalf of the council in this case, these did not constitute significant maladministration.

I am satisfied that the matters complained of have been already comprehensively investigated on a number of occasions by the Office of the Ombudsman on an independent third party basis and, consequently, I am satisfied that no further investigation of the matters which were the subject of the complaints is required.