Fergus O'Dowd (Louth, Fine Gael)
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Question 525: To ask the Minister for the Environment, Heritage and Local Government if he will make a statement on the recent report by the Centre for Public Inquiry into Trim Castle. [27412/05]

Fergus O'Dowd (Louth, Fine Gael)
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Question 531: To ask the Minister for the Environment, Heritage and Local Government if he will make a statement on the recent report by the Centre for Public Inquiry (details supplied). [27501/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 525 and 531 together.

I have received a copy of the report referred to. It deals with a case, of a kind frequently instanced in Ireland's active economy, of competition between the public interest values of development and conservation. There is no pre-ordained or simple solution to such conflicting considerations. It is the function of the physical planning system to consider all factors and interests arising on planning applications in light of relevant provisions of local development plan, and to make a fair and reasonable determination in each case.

This process operated transparently, and with access for third parties, in the development at Trim which was the subject of the report referred to in the question.

The original planning permission for the hotel development in question in Trim was approved by Trim Town Council in August 2003. A modified planning approval was given by An Bord Pleanála at a later stage. The planning system is designed to produce decisions, under the responsibility of local planning authorities and An Bord Pleanála, which are taken on the basis of procedures and policy considerations recognised in legislation. The fact that planning decisions are not subsequently welcomed by all parties does not detract from the integrity of the process. The report does not offer evidence that the planning process operated other than properly in the Trim case.

The Minister for the Environment, Heritage and Local Government is one of a number of statutory consultees in relation to planning cases having implications for the built or natural heritage. The then Minister's observations on this case were made following consideration of all relevant issues. The fact that these observations involved amendment of draft proposals submitted by departmental officials is not unreasonable in terms of the Minister's legal and political accountability for the matters involved; and it has parallels in the practice of An Bord Pleanála and planning authorities, as occasion requires, in amending draft proposals submitted by their staff.

The report refers to a complaint to the European Commission's Environment Directorate that the hotel development was not subject to an environmental impact assessment. My Department has formally responded to the European Commission on this matter.

The former Department of Arts, Heritage, Gaeltacht and the Islands paid Trim Town Council a contribution of €63,487, £50,000, in June 2000 towards the provision of car park facilities at the site of the hotel development which would cater, inter alia, for visitor traffic. In light of subsequent changed plans by Trim Town Council in relation to the procurement and financing of the project and the fact that a permanent car park has not been provided, my Department requested the repayment of this contribution in January 2005. In doing so, my Department made it clear that it was not reflecting on the judgement of the local authority in pursuing a development led solution to the provision of the car park. My Department has recently contacted the local authority about the repayment and expects that this will be concluded shortly.