Róisín Shortall (Dublin North West, Labour)
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Question 170: To ask the Minister for the Environment, Heritage and Local Government the sanctions applicable where a local authority fails to meet its obligations as set down in Article 28(1)([i]d[/i]) of SI 600 of 2001. [26057/05]

Dick Roche (Wicklow, Fianna Fail)
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Article 28(1)(d) of the Planning and Development Regulations 2001 provides that where it appears to a planning authority that the area of another local authority might be affected by a proposed development for which a planning application has been made, it shall notify that local authority.

Section 37(4) of the Planning and Development Act 2000 provides that, where any prescribed body entitled to be given notice of a planning application, in accordance with the permission regulations, is not given such notice, that body shall be entitled to appeal the decision of the planning authority to An Bord Pleanála, notwithstanding the general requirement that only a person or body that has made a submission on a planning application may appeal. The question of sanctions does not arise.