Written answers

Tuesday, 25 March 2014

Department of Environment, Community and Local Government

Planning Issues

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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653. To ask the Minister for Environment, Community and Local Government the result of the tendering process for independent planning expertise in the setting up of inquiries into certain planning decisions (details supplied); if any contracts or appointments have been made in respect of those conducting the proposed inquiries; the timeframe he expects the inquiries to follow; if terms of reference have been agreed; if he will make the precise details of these terms known; and if he will make a statement on the matter. [12986/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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Consequent to the tendering process mentioned, MacCabe Durney Barnes Consultants were appointed to carry out an independent planning review in accordance with section 255 of the Planning and Development Act 2000.

The Terms of Reference require the consultants to undertake a review of planning issues raised in respect of the six planning authorities concerned (Carlow, Cork, Galway and Meath County Councils, and Cork and Dublin City Councils) particularly in relation to the organisation and the systems and procedures used by them in relation to their functions under the Act and to present a report, having regard in particular to the following key aspects:

1) the extent of consistency of policy translation and implementation within development and local area plans, with particular regard to specific cases, including:

a. examining the decision-making process in assessing planning applications and the degree of adherence to the relevant policies in development plan and local area plan policies and statutory planning guidelines, including certain EU Directives, in informing decisions;

b. assessing whether the number of cases appealed to An Bord Pleanála and the number of authority decisions reversed indicate poor application of policy contexts for assessing and deciding on planning applications;

2) the processes and procedures followed in recording and disclosure of information and adjudicating on specific planning applications;

3) recommendations on engagement and cooperation within planning authorities in the context of consistency in decisions and actions taken by planning authorities; and

4) recommendations on the application of development planning policies, and national policy and guidance, in terms of future planning practices.

The consultants may consult with those persons (with their agreement) who raised the planning issues concerned, in order to identify, clarify and understand the planning matters arising that may need to be addressed. The indicative date for the completion of the final report from the consultants is end July 2014.

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael)
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654. To ask the Minister for Environment, Community and Local Government if all local authorities are enforcing the stage 1 AA screening report request; the reason for the four week deadline; if there is an appeal mechanism in such cases; and if he will make a statement on the matter. [12988/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I assume the Question refers to the matter of a screening for appropriate assessment being sought by a planning authority when considering whether an application for extension of duration of planning permission complies with the provisions of section 42(1)(a)(ii) of the Planning and Development Act 2000.

I am aware that some planning authorities seek a screening for appropriate assessment, in some cases at least, in order to decide whether an appropriate assessment should have been carried out when the initial planning permission was granted.

In such scenario, they do so pursuant to Article 45 of the Planning and Development Regulations 2001, which allows a planning authority to seek further information in connection with an application for extension of duration of permission, and requires the information to be provided within a 4 week period.

I am considering whether any amendment of the law is required in relation to this issue

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