Robert Troy (Longford-Westmeath, Fianna Fail)
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319. To ask the Minister for Housing, Planning, and Local Government if elected members of a local authority can bring forward variations to a county development plan outside of the review period; and if not, if such actions are solely at the discretion of a local authority CEO. [24712/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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With regard to the initiation of a variation to a development plan outside a plan review period, Section 13(1) of the Planning and Development Act 2000 (as amended) states that:

“A planning authority may at any time, for stated reasons, decide to make a variation of a development plan which for the time being is in force”.

The functions under Section 13(1) above are not listed in the Local Government Act 2001 (as amended) as a function reserved to the members and are therefore ‘executive’ in nature.

Section 13 (1A)(a) of the Planning and Development Act enables the elected members of a planning authority, for stated reasons, to submit a resolution to the Chief Executive of the planning authority requesting him or her to prepare a report on a proposal by them to initiate a process to consider a variation of the development plan, where three-quarters of the members of that authority have approved such a resolution.

The Chief Executive is then obliged to submit a report within four weeks of the making of the resolution and if he or she considers the proposal is not justified, should outline reasons for not initiating the variation process, in writing.

If the Chief Executive considers that further to a resolution and report under Section 13 (1A)(a) that a variation is justified, or, if for stated reasons under Section 13(1) decides to make a variation, further to giving notice of the proposed variation and a period of public consultation, as well as reporting back to the elected members with recommendations and a further period for their consideration, the elected members must be the ultimate decision makers in determining whether to proceed with a proposed variation. The elected members may also decide to further modify, or to not proceed with a proposed variation.

Decision making in respect of a proposed variation, once initiated, is therefore a reserved function.