Róisín Shortall (Dublin North West, Independent)
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556. To ask the Minister for Environment, Community and Local Government the statutory requirements that are made of An Bord Pleanála to publish or otherwise make available appeal documentation submitted by parties to the appeal and other observers while the appeal is ongoing; and his plans to update these requirements. [2305/15]

Paudie Coffey (Waterford, Fine Gael)
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Where a planning appeal is made to An Bord Pleanála, the Board is required, under section 129 of the Planning and Development Act 2000, as amended, to give a copy of the appeal to the relevant planning authority and to each other party to the appeal as soon as possible after receipt of the appeal.

The planning authority concerned, pursuant to article 68 of the Planning and Development Regulations 2001, is in turn required to make a copy of the appeal available for inspection, or purchase at a fee not exceeding the reasonable cost of making a copy, to the general public as soon as possible at the offices of the authority until the appeal is withdrawn or is dismissed or determined by the Board.

Furthermore, article 69 of the Planning and Development Regulations 2001 provides that where a copy of an appeal is sent to a planning authority by the Board, the planning authority shall, as soon as possible after receipt of the copy of the appeal, notify in writing any person who made a submission or observation during the determination of the original planning application of the receipt of an appeal by the Board. A notice issued under this article shall –

(a) specify the reference number of the Board in respect of the appeal,

(b) specify the date on which the appeal was received by the Board,

(c) state that a copy of the appeal shall be available for inspection, or purchase for a fee not exceeding the reasonable cost of making a copy, and

(d) state that further submissions or observations in relation to the appeal may be made in writing to the Board by the parties involved in the determination of the original planning application within a period of 4 weeks on payment of the appropriated fee.

Section 146(5) of the Planning and Development Act 2000 provides that within 3 days following the making of a decision on any matter falling to be decided by it in performance of a function under the Act, the documents relating to the matter—

(a) shall be made available by the Board for inspection at the offices of the Board by members of the public, and

(b) may be made available by the Board for such inspection—

(i) at any other place, or

(ii) by electronic means,

as the Board considers appropriate.

There is accordingly a requirement to make the appeal generally available as soon as possible after it is received. However, the requirement to make other documentation generally available - including submissions or observations received during the appeal process – does not arise until after the appeal has been decided by the Board.

While the provisions in the Act and Regulations in relation to the planning application and appeals processes are generally kept under review, I have no plans at present to amend the provisions referred to.