John Perry (Sligo-Leitrim, Fine Gael)
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Question 287: To ask the Minister for the Environment, Heritage and Local Government if a derogation can be given from a local area development plan approved by a local authority for the provision of long-term nursing care and a retirement village; and if he will make a statement on the matter. [37354/06]

Dick Roche (Wicklow, Fianna Fail)
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Under sections 18, 19 and 20 of the Planning and Development Act 2000, as amended by the Planning and Development (Amendment) Act 2002, the making, amending or revoking of a local area plan is a reserved function of the elected members of the planning authority.

The legislation requires a local area plan to be consistent with the objectives of the development plan and to consist of a written statement which may include objectives for the zoning of land for the use solely or primarily of particular areas for particular purposes. A local area plan may also include such other objectives in such detail as may be determined by the planning authority for the proper planning and sustainable development of the area to which it applies, including detail on community facilities and amenities and on standards for the design of development and structures.

There are no specific provisions in the legislation regarding the granting of a derogation from the adopted local area plan. However, Section 18 (5) of the 2000 Act states that a planning authority may at any time amend or revoke a local area plan; a consultation and adoption process is stipulated for this purpose.

As stated above, the legislation requires that a local area plan shall be consistent with the objectives of the development plan, and section 34 of the Planning and Development Act 2000 provides that when a planning authority is making a decision in relation to an application it shall have regard to, inter alia, the provisions of the development plan. Where an application for development would materially contravene the development plan, a planning authority may decide to grant permission under section 34 (6) of the Act provided the requirements set out in that section are complied with.