Darren O'Rourke (Meath East, Sinn Fein)
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294. To ask the Minister for Housing, Planning, and Local Government his plans to review or support An Bord Pleanála structures and performance in view of the concerning number of times the board’s decisions are quashed in the High Court (details supplied); and if he will make a statement on the matter. [42041/20]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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An Bord Pleanála was established in 1977 under the Local Government (Planning and Development) Act, 1976 and is an independent statutory body with responsibility for the determination of planning appeals and direct applications for proposed strategic infrastructure including strategic housing development and other matters under the Planning and Development Act 2000 (as amended) and certain other Acts.

I wish to explain at the outset that the role of the Minister in relation to the planning system is, primarily, to provide a policy and legislative framework under which the planning authorities, An Bord Pleanála and the Office of the Planning Regulator (the OPR) perform their statutory planning functions. Under section 30 of the Planning and Development Act 2000, as amended, as Minister, I am 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 day-to-day operation of the planning system is a matter for the planning authorities, and for the Board in relation to direct applications and planning appeals. Under section 143 of the Planning and Development Act, An Bord Pleanála is required to have regard to the policies and objectives of the Government, a state authority, the Minister, planning authorities and any other public authority whose functions have, or may have a bearing on the proper planning and sustainable development of cities towns or other areas, whether urban or rural.

Sections 50, 50A and 50B of the Planning and Development Act 2000, as amended, codify the statutory right of judicial review of any decision of An Bord Pleanála. While there has been an increase in applications for judicial review over the last number of years, the number of Board decisions that are subject to judicial review constitute a very small percentage of the number of planning cases disposed in any given year. There were 41 judicial review applications in 2018 out of 2847 cases disposed and in 2019 there were 55 judicial review applications out of 2971 cases disposed.

An Bord Pleanála takes full cognisance of any settled legal adjudication in relation to its decisions and seeks to apply any principles from those to its application of its statutory decision making role.

Finally, I am satisfied that the Board has the necessary resources to deliver effectively and efficiently on its important statutory mandate and functions and this is kept under review.