Martin Mansergh (Tipperary South, Fianna Fail)
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Question 392: To ask the Minister for the Environment, Heritage and Local Government if existing planning legislation contains any explicit social criteria to guide planning authorities in respect of decisions on applications by retail organisations for planning permission. [35747/07]

John Gormley (Dublin South East, Green Party)
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In making a determination on any planning application, Section 34 of the Planning and Development Act 2000 requires planning authorities to be bound by the proper planning and sustainable development of the area, having regard, inter alia, to:

The provisions of the development plan;

The provisions of any special area order relating to the area;

Any submissions or observations received; and

Relevant Ministerial or Government policies.

While the Act does not set out specific criteria to be considered by planning authorities in determining applications for particular classes of development, the Retail Planning: Guidelines for Planning Authorities, published by my Department in January 2001 and reviewed in February 2005, issued as Ministerial guidelines under Section 28 of the Planning and Development Act 2000, provide a comprehensive framework to guide local authorities in preparing development plans and assessing applications for planning permission, and to assist retailers and developers in formulating development proposals. A copy of the guidelines is available on my Department's website at www.environ.ie.