Written answers

Tuesday, 3 November 2020

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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627. To ask the Minister for Housing, Planning, and Local Government the position regarding the An Bord Pleanála decision to grant planning permissions which breach building height levels in excess of the permitted heights allowed in the relevant county development plan; and if he will make a statement on the matter. [33294/20]

Photo of Thomas PringleThomas Pringle (Donegal, Independent)
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628. To ask the Minister for Housing, Planning, and Local Government his views on whether it is appropriate for An Bord Pleanála to ignore the decision of elected councillors in the relevant county development plan for their area and grant planning permissions which breach building height levels in excess of the permitted heights allowed in the relevant county development plan; and if he will make a statement on the matter. [33295/20]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 627 and 628 together.

As the question appears to refer to a particular (i.e 'the') An Bord Pleanála decision, it is important to clarify at the outset that under Section 30 of the Planning and Development Act, I am precluded from exercising and power or control in relation to any particular case with which a planning authority or An Bord Pleanála may be concerned. I am not, therefore, in a position to comment or make a statement on any individual planning case.

Generally, when making a decision on a planning application that is subject to appeal, An Bord Pleanála is required to consider the proper planning and sustainable development of the area concerned and the potential effects on the environment of the proposed development, having regard to a range of matters specified in legislation, including the provisions of the relevant development plan, any submissions or observations received, and relevant Ministerial or Government policies, including any statutory guidelines and specific planning policy requirements under section 28 of the Planning and Development Act 2000, as amended.

Under the Planning Act, the Board may, in determining an appeal, and in the case of Strategic Infrastructure Development applications made directly to the Board, decide to grant permission even if the proposed development would contravene materially the development plan of the relevant planning authority.

In cases on appeal, where a planning authority has refused an application for planning permission for a proposed development because it would contravene materially the local development plan, the Board may, under the provisions of the Planning Act, grant planning permission for proposed development that materially contravenes the development plan in the following circumstances:- Where the Board considers that: the proposed development is of strategic or national importance; there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned, or permission should be granted having regard to the regional spatial and economic strategy for the area, statutory guidelines, statutory policy directives, the statutory obligations of any local authority in the area, and any relevant policy of the Government or any Minister of the Government; or permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the making of the development plan.

Similar provisions also apply to applications for Strategic Housing Development (SHD), which are made directly to An Bord Pleanála, where 100 or more residential units are proposed.

The Urban Development and Building Heights Guidelines for Planning Authorities, published by my Department in 2018, also address this issue. Specific Planning Policy Requirement (SPPR) 3(A) of the Building Height Guidelines provides that where an applicant for planning permission sets out how a development proposal complies with the relevant criteria and the assessment of the planning authority concurs, taking account of the wider strategic and national policy parameters, then the planning authority or An Bord Pleanála may approve such development, even where specific objectives of the relevant development plan or local area plan may indicate otherwise.

In order to better align decision making processes between local authority development plans and An Bord Pleanála in the context of overall Government policy, the Building Height Guidelines require planning authorities to identify through their statutory plans, areas for increased building height, where appropriate, and to not provide for blanket numerical limitations on height (SPPR1). This work is underway as part of statutory planning processes in many local authority areas.

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