Róisín Shortall (Dublin North West, Labour)
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Question 248: To ask the Minister for the Environment, Heritage and Local Government if he will clarify the position regarding representations from public representatives to planning authorities in respect of planning applications when these representations are received outside the statutory time limit; if these are taken into consideration in deciding on the planning application; if they are included on the planning file; if so, the statutory basis for same; and if he will make a statement on the matter. [18294/07]

John Gormley (Dublin South East, Green Party)
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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.