Eamon Gilmore (Dún Laoghaire, Labour)
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Question 1049: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the potential implications for planning and for public money of a court decision overturning a planning permission (details supplied); if he has raised the implications of the decision with the Dublin Dockland Development Authority; if his Department has undertaken an assessment of the potential exposure of the taxpayer and the implications for planning generally of the decision; and if he will make a statement on the matter. [48064/08]

John Gormley (Dublin South East, Green Party)
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Under section 25 of the Dublin Docklands Development Authority Act 1997, any development in an area in respect of which a planning scheme has been approved, which is certified by the Dublin Docklands Development Authority to be consistent with that planning scheme, is exempted development for the purposes of the Planning and Development Acts. The development in question was certified by the Authority to be consistent with the North Lotts Planning Scheme.

However, in October 2008, the High Court found, inter alia, that it was ultra vires for the Authority to grant a section 25 certificate in respect of a development which, as proposed in the relevant application, is inconsistent with the relevant planning scheme, even with a condition the purpose of which is to render the carrying out of the development in accordance with the condition consistent with the planning scheme. The Court made other findings, including the need for limited public consultation with regard to individual section 25 applications. There was no finding of inherent deficiency in the provisions of the 1997 Act. The Authority has since amended its procedures to fully respect the findings of the High Court in this case.

I am not aware that the Court's judgment has any implications for the planning system generally. I understand that Dublin City Council has granted permission for the retention of the development in question, and I am not aware of any claim against the Authority arising from this matter. The Authority is self-financing and does not receive any Exchequer subvention. Any liabilities incurred by the Authority in the course of its activities are expected to be met from the Authority's own resources.