Róisín Shortall (Dublin North West, Labour)
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Question 223: To ask the Minister for the Environment, Heritage and Local Government if he will undertake a review of the development levy process to establish the way the introduction of this system affects the independence of local authorities in reaching decisions on planning applications, and to seek recommendations on the way this stream of funding might be maximised without compromising a local authority's responsibility to plan effectively and honestly and reach impartial decisions. [15565/08]

John Gormley (Dublin South East, Green Party)
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The Planning and Development Act 2000 introduced changes to the operation of the development contributions system, including the introduction of a statutory requirement that such contributions may now be levied only in accordance with a development contribution scheme drawn up by the planning authority and approved by the elected members following a public consultation process. Section 48 of the Planning and Development Act, 2000 provides that planning authorities may levy development contributions in respect of public infrastructure and facilities provided by, or on behalf of, the local authority that benefit development in the area. Supplementary development contributions may also be levied in certain cases under Section 49 of the Act.

In May 2007, my Department published a report arising from the deliberations of an Inter-Departmental Committee on Development Contribution Schemes. This report was also accompanied by updated policy guidance in the form of circular letter PD 5/07 to all planning authorities which focused on a number of key issues identified by the Committee. Authorities were reminded of the need for extensive consultation with stakeholders in drawing up and administering schemes, the importance of openness and accountability, and the importance of achieving a balance between an appropriate level of development contribution charges and the need to attract future investment into their areas.

In making decisions on planning applications, planning authorities are restricted to considering the proper planning and sustainable development of the area, having regard to a number of matters, including the provisions of the development plan, relevant Ministerial or Government policies, and any submissions or observations received. The applicant and any person who made a submission on the planning application may appeal the decision of a planning authority on a planning application to An Bord Pleanála. My Department will continue to keep the operation and scope of the development contribution system under review.

Róisín Shortall (Dublin North West, Labour)
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Question 224: To ask the Minister for the Environment, Heritage and Local Government the extent to which draft framework plans that have neither been rejected nor approved by a local authority may have a bearing on the consideration of a planning application for land within the boundary of the draft framework plan; and the statutory basis for the approach of the local authority's planning officials in this context. [15567/08]

Róisín Shortall (Dublin North West, Labour)
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Question 225: To ask the Minister for the Environment, Heritage and Local Government the extent to which draft local authority policy proposals that have neither been rejected nor approved by the local authority may have a bearing on the consideration of a planning application; and the statutory basis for the approach of the local authority's planning officials in this context. [15568/08]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 224 and 225 together.

Section 34(2) of the Planning and Development Act 2000 provides that when making its decision in relation to a planning application, a planning authority must consider the proper planning and sustainable development of the area, having regard to

the provisions of the development plan;

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

any European site or other area prescribed for the purposes of the conservation and protection of the environment including in particular the archaeological and natural heritage;

where relevant, the policy of the Government, the Minister or any other Minister of the Government;

the matters referred to in sub-section (4) of Section 34, i.e. examples of conditions that may be attached to planning applications;

any other relevant provision or requirement of the Act, and any regulations made under it.

In accordance with Section 34(3), a planning authority must also have regard, when considering a planning application, to any written submissions or observations concerning the proposed development made to it in accordance with the planning regulations. Section 18(3)(a) of the Act provides that when considering an application for permission under section 34, a planning authority must have regard to the provisions of any local area plan prepared for the area to which the application relates, and that the authority may also consider any relevant draft local plan which has been prepared but not yet made.