Willie Penrose (Longford-Westmeath, Labour)
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Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance and for An Bord Pleanála in the case of an appeal. In making decisions on planning applications, planning authorities and the board must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, relevant Ministerial or Government policies, including any guidelines issued by my Department. Under section 30 of the Planning and Development Act 2000, I am specifically 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. Decisions on appeals by An Bord Pleanála are matters of public record.

In the case of An Bord Pleanála Planning Reference Number: PL 08.218394, it is noted that seven conditions are attached to the grant of permission, including Condition No. 1(1) which states that development shall not commence until the public road to the south of the site has been realigned to the satisfaction of the planning authority. It is also noted that Condition No. 6 states, inter alia, that the developer shall pay to the planning authority a financial contribution in respect of public infrastructure and facilities benefiting development in the area of the planning authority that is provided or intended to be provided by or on behalf of the authority in accordance with the terms of the development contribution scheme made under section 48 of the Planning and Development Act 2000. The contribution shall be paid prior to the commencement of development or in such phased payments as the planning authority may facilitate and shall be subject to any applicable indexation provisions of the scheme at the time of payment. Details of the application of the terms of the scheme shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to the board to determine the proper application of the terms of the scheme. It is further noted that Condition No. 7 states that the developer shall pay to the planning authority a financial contribution as a special contribution under section 48(2)(c) of the Planning and Development Act 2000 in respect of the realignment of the public road to the south of the site. The amount of the contribution shall be agreed between the planning authority and the developer or, in default of such agreement, the matter shall be referred to the board for determination. The contribution shall be paid prior to the commencement of the development or in such phased payments as the planning authority may facilitate.