Bernard Allen (Cork North Central, Fine Gael)
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Question 471: To ask the Minister for the Environment, Heritage and Local Government his views on the fact that a planning proposal application for a biofuel facility lodged with Cork County Council (details supplied), could be accepted in view of the fact that the land is zoned as A1 and the application would require a material contravention of the development plan; if the applicants were advised by the planners of the situation prior to the lodgement of the application. [27483/09]

John Gormley (Dublin South East, Green Party)
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Under section 247 of the Planning and Development Act 2000, a person who intends to make a planning application may, with the agreement of the planning authority concerned, enter into consultations with the authority in relation to the proposed development and application. During any such consultations, the planning authority is required to advise the person concerned of the procedures involved in considering a planning application, and, as far as possible, to indicate the relevant objectives of the development plan which may have a bearing on the decision of the planning authority.

Section 34 of the 2000 Act provides that where a planning application is made to a planning authority in accordance with permission regulations, and all requirements of those regulations are complied with, the authority may grant or refuse the permission sought. When making a decision in relation to a planning application, a planning authority is required to have regard, among other things, to the provisions of the relevant development plan. Under section 30 of the 2000 Act, the Minister is precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.