Written answers

Tuesday, 11 November 2008

Department of Environment, Heritage and Local Government

Planning Issues

10:00 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 542: To ask the Minister for the Environment, Heritage and Local Government the procedures in place to ensure equal representation at the oral hearing for both proponents and opponents bearing in mind the significant cost that can face a voluntary or local group participating in a hearing; and if he will make a statement on the matter. [39991/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Under section 135 of the Planning and Development Act 2000, a person assigned by An Bord Pleanála to conduct an oral hearing is required to permit any person to appear in person or to be represented by another person at the hearing. It is a matter for a party to an oral hearing to determine the appropriate level of representation on their behalf.

Under section 145 of the Act, where an appeal or referral is made to the Bord, it may, if it thinks it proper to do so, direct the relevant planning authority to pay to the appellant or person making the referral, such sum as the Bord, in its absolute discretion, specifies as compensation for the expense incurred in relation to the appeal or referral. Under section 219 of the Act, the Bord has equivalent powers regarding discretionary payments towards the cost of holding an oral hearing in relation to the compulsory acquisition of land. I have no proposals to amend these provisions.

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