Written answers

Tuesday, 28 November 2017

Department of Housing, Planning, and Local Government

County Development Plans

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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712. To ask the Minister for Housing, Planning, and Local Government if the planning section within his Department had sight of and considered a report endorsed by the planning authority of County Donegal entitled submission in relation to amendment document Option 3 revised to the working draft county development plan 2014 to 2018 prior to making its submission to the draft County Donegal development plan 2018 to 2024; and if he will make a statement on the matter. [50247/17]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The report referred to in the Question would appear to have been a submission to the planning authority, in the context of the internal processes relating to the preparation of its draft development plan.

The documentation forwarded by planning authorities to my Department in the context of my statutory role as consultee in the development plan preparation process is confined to the written statement and maps and environmental reports, as provided for under Section 12 (1) (a) of the Planning and Development Act 2000 (as amended).

Therefore, my Department does not have sight of submissions and reports internal to the deliberative process undertaken by planning authorities in the context of the preparation of their development plans and accordingly, my Department would not have had sight of the document referred to in the question, prior to making its submission in relation to the draft County Donegal Development Plan 2018 - 2024.

My Department was emailed with a copy of the submission by a member of Donegal County Council on 10th November 2017 after my Department's observations were forwarded to the planning authority.  However, my Department has no statutory role in commenting on submissions made on the development plan preparation process outside of the provisions under Section 12(1)(a) above. 

In general terms, therefore, observations by my Department are made only in the context of the written statement and maps and environmental reports as prepared and adopted by the relevant planning authority for public consultation.

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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714. To ask the Minister for Housing, Planning, and Local Government his views on whether the replication of elements of policy by other planning authorities is a consideration that falls within the express or implied statutory obligations of a planning authority when formulating an overall strategy for the proper planning and sustainable development of its functional area; if so, the particular provisions within the Planning and Development Acts, associated regulations, guidelines or otherwise, that provide for same; and if he will make a statement on the matter. [50249/17]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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Planning and development is one of the most important functions of local authorities. Development plans and local area plans, as adopted by the elected members in line with the broader regulatory and policy context for planning, set the local policy context for individual decisions on planning applications by the planning authority.

The Planning and Development Act 2000 (as amended) provides the legislative basis for the formulation of statutory local authority plans, and is supplemented by guidelines issued by my Department under section 28 of the Act, which are available on my Department's website at the following web link: www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C14468%2Cen.pdf.

Section 9(4) of the Act requires that, in making a development plan, planning authorities must have regard to the development plans of adjoining planning authorities and co-ordinate the objectives of their development plan with the objectives of adjoining plans, except where the planning authority considers it to be inappropriate or not feasible to do so.

Moreover, section 9(5) of the Act requires that planning authorities take into account any significant likely effects of the implementation of their development plans on the area of adjoining planning authorities, having regard in particular to the observations or submissions of those authorities.  

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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715. To ask the Minister for Housing, Planning, and Local Government the process followed by his Department in making a determination as to whether his recommendations have been complied with in the context of section 12(5)(a) of the Planning and Development Acts 2017 (as amended); and if he will make a statement on the matter. [50250/17]

Photo of Damien EnglishDamien English (Meath West, Fine Gael)
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The process in relation to making a local authority Development Plan is a statutory one, set out in the Planning and Development Act 2000 (as amended).

My Department examines the development plans and local area plans as adopted compared to recommendations and requests made at the public consultation stages in my capacity as statutory consultee.

The examination of the plans undertaken by my Department pays particular attention to the degree to which recommendations and requests made in relation to adherence to the legislative and policy requirements as laid out in the Act have been followed through in the final decision of the relevant authority, including any acknowledgement of such departures provided for in the section referred to.

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