Róisín Shortall (Dublin North West, Labour)
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Question 490: To ask the Minister for the Environment, Heritage and Local Government if he will set out the regulations, including reference to the specific article and paragraph which details when a local authority may attach conditions which make significant changes to the original and advertised planning application, without requiring a separate application; if he will provide this Deputy with any circulars which set out the way a planning authority must act when they make significant changes to an original planning application under conditions; the criteria that is applied to determining what is significant and what is not in these circumstances; his views on whether local authorities acting in this way place potential objectors at a disadvantage; and his plans to require a further notice to be erected or other such means to notify interested parties of the proposed changes to the original proposal for such circumstances. [26888/07]

John Gormley (Dublin South East, Green Party)
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Section 34 of the Planning and Development Act 2000 enables a planning authority to grant a planning permission subject to or without conditions as appropriate. While the interpretation of planning legislation is a matter in each case for the planning authority concerned and ultimately for the Courts, the legislation sets out that in making decisions on planning applications, planning authorities must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, and relevant Ministerial or Government policies.

While the legislation does not specifically address the question of planning conditions which would make significant changes to the application, my Department's Development Management Guidelines for Planning Authorities, issued in June 2007, states, under the heading "Conditions directly departing from the application" that:

"A condition that radically alters the nature of the development to which the application relates will usually be unacceptable. For example, a condition should not require the omission of a use, which forms an essential part of a proposed development, or a complete re-design of a development. If there is a fundamental objection to a significant part of a development proposal, and this cannot fairly be dealt with in isolation from the rest of the proposal, the proper course is to refuse permission for the whole."

These Guidelines, which are available on my Department's website at www.environ.ie, were issued under section 28 of the Planning and Development Act 2000 and planning authorities and An Bord Pleanála are required to have regard to them in the exercise of their planning functions.

Finally, in relation to site notices, the Programme for Government sets out a clear commitment to review planning regulations to strengthen the provision regarding potential abuse of public notice provisions. My Department is currently examining this issue.