Written answers

Tuesday, 3 November 2015

Department of Environment, Community and Local Government

Planning Issues

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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1045. To ask the Minister for Environment, Community and Local Government if he will support the matter of a complaint against a planning decision in which a medical report had not been included in a planning objection which was made by a person (details supplied) in County Cork; and if he will make a statement on the matter. [37510/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority or An Bord Pleanála on appeal in the first instance. In making decisions on planning applications, planning authorities must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant Ministerial or Government policies, including any guidelines issued by my Department.Under section 30 of the Planning and Development Act 2000, the Minister is specifically precluded from exercising any power or control in relation to any particular case, with which a planning authority or An Bord Pleanála is or may be concerned.

The National Housing Strategy for People with a Disabilityreflects the need for an integrated, flexible and responsive approach and this is being pursued across a number of measures, including building regulations which deal with physical disability. From a planning perspective, Section 94 of the Planning and Development Act 2000, as amended, specifically requires planning authorities, as part of the preparation of development plans, to prepare a housing strategy which takes account of the existing need and likely future need for housing, with an appropriate mix of types and sizes to reasonably match the requirements of different categories of households. The special requirements of elderly persons and people with a disability are specifically highlighted in this regard.

Individual planning decisions are taken in this context, balancing the various perspectives and factors involved, including the amenity of adjoining properties. Whether or not a proposed development is acceptable is an assessment which needs to be independent of individual circumstances, and which takes account of the level of residential amenity that it would be reasonable to protect in respect of adjacent properties, inclusive of the range of usual circumstances that those amenities support.

I am satisfied that existing policy and practice in relation to consideration of residential amenities is sufficient and that to consider medical circumstances could have unforeseen and disproportionate impacts in relation to balanced decision making on planning applications.

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