Róisín Shortall (Dublin North West, Labour)
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Question 456: To ask the Minister for the Environment, Heritage and Local Government his plans to amend the planning Acts to prevent the practice of applicants paying for objectors or appellants to withdraw their submissions on planning applications; and if he will make a statement on the matter. [15975/08]

John Gormley (Dublin South East, Green Party)
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Under the Planning and Development Act 2000 any person who has made a submission on a planning application may appeal the decision of the planning authority to An Bord Pleanála. Once an appeal is made, any person may make an observation in respect of the appeal.

The Act provides that an appeal may be withdrawn by the appellant at any time before a decision is made. If an appeal is withdrawn, any submission made in respect of that appeal automatically falls with it. Board statistics indicate that, in 2006, 362 appeals, representing nearly 7% of all appeals received, were withdrawn by the appellant. The withdrawal must be in writing, but no reasons need be given. However, withdrawals may reflect agreements reached between the applicant and the appellant resolving the underlying cause for the appeal e.g. agreement regarding boundary fences, rights of way or measures to eliminate overlooking of adjoining property.

Allegations are sometimes made of payments being provided to, or demanded by, persons to withdraw objections to planning applications or appeals. Under Section 138 of the Planning and Development Act 2000, an Bord Pleanála has the power to dismiss an appeal which is, in the Board's opinion, made with the sole intention of delaying development or with the intention of securing the payment of money, gifts, consideration or other inducement by any person. It would therefore be proper for any planning applicant who feels that an appeal is being made for that purpose to seek its dismissal by the Board.