Fiona O'Malley (Dún Laoghaire, Progressive Democrats)
Link to this: Individually | In context

Question 992: To ask the Minister for the Environment, Heritage and Local Government if, in view of the frequency with which decisions of An Bord Pleanála are in opposition to their own inspectors, there are instances in which An Bord Pleanála is answerable to him. [14310/07]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

Since the establishment of An Bord Pleanála in 1977, planning legislation has clearly assigned final responsibility for decisions on planning appeals to the Board and not to inspectors making reports and recommendations to the Board.

Between 2000 and 2006, the percentage of cases where the Board have reversed the recommendation of the Inspector ranged from 9% to 14% of cases. This does not include the cases where the Board amended the Inspector's recommendation by attaching, deleting or amending conditions or reasons for decisions.

In considering an appeal, the Board must consider all submissions on the file, together with their own inspector's report and recommendation, and reach their own conclusion on the matter in line with the proper planning and sustainable development of the area. If they do not follow the recommendations of the inspector, the Board must be satisfied that the facts of the case support their decision. Under the Planning and Development Act 2000, the Board must also give the reasons for their decisions and must specify the various reasons for not accepting the Inspector's recommendations.

I am satisfied that the Board operates these provisions with appropriate transparency, for example, through the publication of Inspectors' reports and Boards decisions on its website and the publication of well documented annual reports.

Finally, I would point out that, the Minister for the Environment, Heritage and Local Government may only intervene in the planning process in respect of heritage matters, i.e., to comment on planning applications or appeals, or give expert advice to planning authorities or an Bord Pleanála, in relation to the protection of the built and natural heritage. In all other circumstances, the Minister is precluded, under section 30 of the Planning and Development Act, 2000, from exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned.