Written answers

Thursday, 28 June 2007

Department of Justice, Equality and Law Reform

Traffic Regulations

5:00 pm

Photo of John CreganJohn Cregan (Limerick West, Fianna Fail)
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Question 240: To ask the Minister for Justice, Equality and Law Reform the situation in relation to traffic breaking the rules at traffic signals; if any traffic signals are set up with cameras to catch such law breakers; if any existing camera system by other agencies could be used; his views on same; and if he will set up some pilot projects to check their performance. [18373/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I am informed by the Garda authorities that penalties for breaches of traffic signals are enforced by An Garda Síochána effectively and consistently. Provisional statistics indicate that for the first three months of this year 5,660 Fixed Charge Notices were issued to offenders for driving through red traffic lights and crossing white lines at red traffic lights. Any change in the legislation to allow for cameras to detect offenders who are in breach of traffic signals is a matter for my colleague the Minister for Transport and the Marine.Section 33(2)(c) of the Planning and Development Act 2000 makes provision for persons, including elected representatives, to make submissions or observations on a planning application on payment of the prescribed fee and within the prescribed period. Article 29 of the Planning and Development Regulations 2001 fixed this prescribed fee at €20 and the prescribed period at five weeks beginning on the date of receipt of the planning application by the planning authority. Sub-article (3) states that where a submission or observation is received outside of this period the planning authority shall return both the submission and the fee and notify the person that their submission or observation cannot be considered.

In making a determination on an application, planning authorities are obliged, under section 34 of the Planning and Development Act 2000, to have regard to any written submissions or observations received in respect of the proposed development, in accordance with the relevant regulations.

In relation to the information included in the planning file, section 38 of the Planning and Development Act 2000 provides that certain information must be made available for inspection by the public. Section 38(3) specifically requires that a copy of any submissions or observations in relation to a planning application must be made available for inspection and purchase by members of the public as soon as may be after receipt of the document until a decision is made on the application.

However, in the guidance notes on the 2001 regulations, and in the recently published Development Management Guidelines, my Department has clarified that certain types of enquiry or correspondence by elected members of a local authority in relation to planning cases should not be regarded as the making of a submission or observation within the framework described above. These could, for example, consist of enquiries as to the position regarding a planning application or requests to speed up the processing of an application, or correspondence supporting the application (or a resubmission by an observer) in general terms without elaborating on the grounds

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