Written answers

Thursday, 9 February 2023

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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142. To ask the Minister for Housing, Planning, and Local Government if he will clarify the body that is responsible as a designated entity in the Planning and Development Act 2000 that can make a determination in respect of a proposed development that would and-or could be contrary to Ireland’s climate action plan. [6329/23]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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Section 34(2) of the Planning and Development Act 2000, as amended (the Act), provides that when making its decision on a planning application, the planning authority shall be restricted to considering the proper planning and sustainable development of the area having regard to the provisions of the local development plan as well as a number of other factors including any guidelines issued by the Minister under section 28 of the Act as well as the policy of the Government, the Minister or any other Minister of the Government.

Section 143 of the Act further provides that when making a decision on an appeal or planning application, An Bord Pleanála (the Board) shall have regard to the policies and objectives of the Government, a State authority, the Minister, planning authorities and any other body which is a 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. The Board shall also have regard to the national interest and any effect the performance of the Board’s functions may have on issues of strategic economic or social importance to the State, as well as the National Planning Framework and any regional spatial and economic strategy for the time being in force.

It is a matter for the relevant planning authority or the Board to consider each proposed development on a case by case basis and, in line with the foregoing, to have regard to the Government's Climate Action Plan and its associated policies and objectives in their consideration of proposed developments. Under section 30 of the Act, in my role as Minister, I am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned.

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