Billy Timmins (Wicklow, Fine Gael)
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Question 158: To ask the Minister for the Environment, Community and Local Government the terms of reference for An Bord Pleanála; when adjudicating on planning appeals, the regulations, guidelines and policies, if any, to which An Bord Pleanála is obliged to adhere; and if he will make a statement on the matter. [14983/11]

Willie Penrose (Longford-Westmeath, Labour)
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The Planning and Development Acts 2000 to 2010 provide the legislative framework within which An Bord Pleanála determines planning appeals. Section 143 of the Act, states that the Board shall, in performing its functions, have regard to: policies and objectives of the Government, a State Authority, the Minister, planning authorities and any other public authority whose functions have, or may have, a bearing on the proper planning and sustainable development of cities, towns or other areas, whether urban or rural; the national interest and any effect the performance of the Board's functions may have on issues of strategic economic or social importance to the State, and; the National Spatial Strategy and any regional planning guidelines for the time being in force.

Under Section 37(1)(b) of the 2000 Act, as amended, in the determination of an appeal by the Board, subsections (1), (2), (3) and (4) of Section 34 relating to permission for development apply. Under subsection (1) the application must be made in accordance with the permission regulations and all requirements of the regulations must be complied with. Under subsection (2), a decision is made regard being had to: the provisions of the development plan; the provisions of any Special Amenity Area Order relating to the area; any European site or other area prescribed for the purposes of S10 (2)(c); where relevant, the policy of the Government, the Minister or any other Minister of Government; conditions which may be imposed; any other relevant provision or requirement of the Act, and any regulations made under the Act.

Under subsection (3) the Board must consider the information relating to the application and submissions and observations made. The Board is required, where applicable, to have regard to any guidelines issued to planning authorities by the Minister under Section 28 in the performance of its functions, and to comply with any policy directives issued by the Minister under Section 29 to planning authorities in the performance of its functions. Copies of the policy guidance issued by the Minister under Section 28 of the Planning Acts are available on the Department's website at www.environ.ie.