Written answers

Wednesday, 30 April 2014

Department of Environment, Community and Local Government

Planning Issues

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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477. To ask the Minister for Environment, Community and Local Government the action he will take in respect of officials in Donegal County Council or others, involved in wrongdoing, in view of the High Court order of 14 June 2013 in the judicial review case (details supplied); and if he will make a statement on the matter. [19146/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The High Court made an Order in June 2013 quashing that part of my Department's planning review report of 2012 relating to planning issues concerning Donegal County Council following a settlement between my Department and another party who had brought judicial review proceedings in respect of that part of the report.

In light of the High Court Order, I subsequently sought the advice of the Attorney General on how best to proceed in the case of Donegal and I am currently giving consideration to the advice which I have received.

Photo of Gerry AdamsGerry Adams (Louth, Sinn Fein)
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478. To ask the Minister for Environment, Community and Local Government further to the independent assessment announced on 14 June 2013, of planning procedures and practices in six local authorities that were the subject of a planning review report, the terms of reference of the assessment; the persons tasked to carry it out; when the results will be published; and if he will make a statement on the matter. [19147/14]

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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515. To ask the Minister for Environment, Community and Local Government if the re-opening of the investigation into the planning procedure will apply to Galway County Council; and if he will make a statement on the matter. [19664/14]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I propose to take Question Nos. 478 and 515 together.

I appointed MacCabe Durney Barnes Consultants 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.

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