Written answers

Tuesday, 4 December 2012

Department of Environment, Community and Local Government

Planning Issues

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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To ask the Minister for Environment, Community and Local Government the reason local authorities do not have to make the details of their own planning applications available online as it the case with other planning applications; if he will agree that they should be available for viewing on line and that quite often such applications are of great public interest as they often relate to public works, road realignments and so on; and if he will make a statement on the matter. [54304/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Section 179 of the Planning and Development Act 2000, and the associated Part 8 of the Planning and Development Regulations 2001, set out the legal requirements in relation to local authority own development which does not require environmental impact assessment. Where a planning authority proposes to carry out development in accordance with Part 8 the Manager of the planning authority must consult the public and prescribed authorities. In doing so, the planning authority must:

- erect a site notice and publish a newspaper notice indicating the location, nature and extent of the development;

- state in these notices that plans and particulars of the proposed development are available for inspection at the offices of the local authority for a specified period;-send notice of the proposed development to a list of prescribed bodies;

- and invite the making of submissions or observations on the proposed development.

In addition, proposals for developments to be carried out by local authorities are subject to review by the elected members. The members can decide, by resolution, to vary or modify the proposed development, other than as recommended by the Manager, or can decide not to proceed with the development. Local authorities are then required to give notice of their decision to any persons or bodies who made submissions or observations. These public consultation procedures also apply to proposed development under section 179(1)(d) of the 2000 Act where development is proposed to be carried out on behalf of, or in partnership with, the local authority in its own functional area, pursuant to a contract with the local authority, for example by way of public private partnership.

Under section 175 of the Act, where development is proposed to be carried out on behalf of, or in partnership with a local authority in its own functional area and in respect of which the preparation of an environmental impact statement is required, or under section 177(AE), where a Natura impact statement is required for a similar development proposal, the same public consultation procedures must be carried out.

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