Catherine Murphy (Kildare North, Independent)
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Question 336: To ask the Minister for the Environment, Heritage and Local Government if a policy directive will issue to local authorities under section 29 of the Planning and Development Act 2000 regarding keeping free from further housing development the open spaces within housing estates that were a requirement under planning law when the permission was granted but were not vested in the local authority and are technically held by the developer; and if he will make a statement on the matter. [39326/05]

Dick Roche (Wicklow, Fianna Fail)
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It is open to any individual with an interest in the site to make a planning application for a site, notwithstanding the conditions which may have been attached to a previous planning approval. It is the responsibility of the planning authority to make its decision on each planning application having regard to proper planning and sustainable development and the development plan for the area. The planning history of the site would also be considered. It is not intended to issue policy guidelines on this matter at present but I will keep the matter in mind.

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 337: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the recent High Court judgment on planning irregularities within Dublin City Council's planning department including the clear abuse of the planning process by senior planning officials; the action he intends to take to put procedures in place to ensure accountability not only in Dublin City Council but in every local authority in the country to protect persons and to ensure due process exists for all citizens; and if he will make a statement on the matter. [39327/05]

Dick Roche (Wicklow, Fianna Fail)
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I am aware of the recent judgment referred to. While it would be inappropriate at this stage to comment directly on a case that may yet be the subject of an appeal, it is important that standards and practices of administration should be continuously improved across all planning authorities. The draft development management guidelines, which I published recently for public consultation, are intended to underpin that process.

The guidelines emphasise that planning administration should be governed by the principles of natural justice and fair procedures, including the need to avoid bias or vested interests, to observe procedural fairness, to provide reasons for decisions and to demonstrate consistency. The draft guidelines also underline that to ensure the achievement of good practice in the planning service provided by their organisations, it is primarily the responsibility of the manager and the appropriate director of service. I expect this responsibility to be punctiliously observed by local authority management and that the necessary safeguards are put in place within councils to ensure that high standards are uniformly applied.

My Department will study the judgment closely with a view to possible strengthening of the guidelines now in draft in relation to the above issues.