Written answers
Thursday, 1 May 2008
Department of Environment, Heritage and Local Government
Planning Issues
5:00 pm
Mary Upton (Dublin South Central, Labour)
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Question 190: To ask the Minister for the Environment, Heritage and Local Government the number of times the board of An Bord Pleanála has decided to set aside the recommendations of its inspectors when making a decision as to whether to grant or refuse planning permission in the past eight years; if he will make this information available in tabular form; and if he will make a statement on the matter. [16994/08]
John Gormley (Dublin South East, Green Party)
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Since the establishment of An Bord Pleanála in 1977, planning legislation has clearly assigned final responsibility for decisions on planning appeals to the Board and not to inspectors making reports and recommendations to the Board.
The details sought in the Question are set out in the following table.
Formal Board Decisions -v- Inspectors' Recommendations | |||
Year | Number of Formal Decisions with Inspectors' Reports | Inspectors' Recommendation not accepted generally | % |
2000 | 3,754 | 406 | 11 |
2001 | 3,905 | 352 | 9 |
2002 | 4,457 | 483 | 11 |
2003 | 3,121 | 317 | 10 |
2004 | 3,459 | 411 | 12 |
2005 | 3,814 | 479 | 13 |
2006 | 4,062 | 554 | 14 |
2007 | 4,611 | 603 | 13 |
The figures refer only to cases where the Board reversed the recommendation of the Inspector. They do not include cases where the Board amended the Inspector's recommendation by attaching, deleting or amending conditions or reasons for decisions.
In considering an appeal, the Board must consider all submissions on the file, together with their own Inspector's report and recommendation, and reach their own conclusion on the matter in line with the proper planning and sustainable development of the area. If they do not follow the recommendations of the Inspector, the Board must be satisfied that the facts of the case support their decision. Under the Planning and Development Act 2000, the Board must also give the reasons for their decisions and must specify the various reasons for not accepting the Inspector's recommendations.
The Board operates these provisions with appropriate transparency, for example, through the publication of Inspectors' reports and Boards decisions on its website and the publication of well documented annual reports.
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