Brendan Griffin (Kerry South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

549. To ask the Minister for Environment, Community and Local Government further to Parliamentary Question No. 430 of 9 December 2014, if he has any statutory power to initiate an inquiry of any type into the handling of any planning matter by a local authority; if this is the case where serious allegations of planning irregularities have been made such as the concerns expressed in a case (details supplied) in County Limerick; and if he will make a statement on the matter. [10536/15]

Alan Kelly (Tipperary North, Labour)
Link to this: Individually | In context | Oireachtas source

Under section 255 of the Planning and Development Act 2000, the Minister for the Environment, Community and Local Government has certain investigatory powers in relation to the review of the performance by planning authorities of their functions under the Act. These powers are restricted to the review of the organisation and of the systems and procedures used by planning authorities in relation to their functions and they do not extend to the review of individual planning applications.

Section 224 of the Local Government Act 2001 enables the Minister to authorise a person to prepare a report for him or her regarding any matter arising in relation to the performance of functions by a local authority.

I understand that the matter raised relates to a planning applicant who has complained about the handling of two planning applications by Limerick County Council, particularly in relation to pre-application consultations entered into by the person with the Council.

I further understand that the person in question complained about the Council’s handling of his planning applications to the previous Ombudsman who did not find any maladministration by the Council in this matter, and that this decision was upheld on appeal, and again on foot of a further review which the Ombudsman granted as an exceptional matter.

The person subsequently made a further complaint to the current Ombudsman, who found that while there were some failings on behalf of the Council, these did not constitute significant maladministration. I am satisfied that the matters complained of have already been sufficiently investigated by the Office of the Ombudsman on an independent third party basis and consequently that no further investigation of the matter is required.

Under section 30 of the Planning and Development Act 2000, as amended, I am specifically precluded from exercising any power or control in relation to any particular planning case with which a planning authority, including An Bord Pleanala, is or may be concerned. Accordingly I have no function in relation to this matter.