Darragh O'Brien (Dublin Fingal, Fianna Fail)
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An Bord Pleanála (the Board) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts.

The Planning and Development Bill 2023 provides for the introduction of statutory mandatory timelines for all consent processes, including appeals and consent applications made to An Bord Pleanála. Timelines for the Board will be introduced on a phased basis, starting with those for Strategic Infrastructure Developments (including energy and transport projects).

The Bill also outlines the proposed new structure for the Board. The new Bill contains a number of provisions reflecting this new organisational structure and will clearly outline the separate roles of:-

• Planning Commissioners - who will be responsible for all decision making regarding appeals and applications made and they will be overseen by a newly created position of Chief Planning Commissioner.
• The Governing Board - which will be responsible for the governance and organisation.
• Corporate Spine – will provide support to all of the organisations and functions will be overseen by a Chief Executive Officer.

The Planning and Development and Foreshore (Amendment) Act 2022, which was signed into law in December 2022, addressed certain initial matters which required immediate action on foot of the Action Plan for An Bord Pleanála, Phase 1 of the Office of the Planning Regulator Review of An Bord Pleanála, and other matters relating to addressing board vacancies and addressing the Board’s caseload, including:

• Increasing the limit on the maximum number of members of the Board from 10 to 15, so as to ensure that the increasing caseload can be managed, and the appropriate quorums and suitable allocation of casefiles can be assured, and
• Expanding the provision to appoint temporary ordinary board members to allow for the appointment of serving or former civil servants, public servants, or employees of the Board for a term of up to a year.

The total number of Board members in An Bord Pleanála is now 15, the maximum provided for under the legislation and the greatest number of serving Board members ever.

Earlier this year, a full term Chairperson of the Board was appointed by the Government, and the recruitment process for the appointment of full-term Board Members is ongoing and is due to be completed in the coming weeks. Temporary board members may continue to be appointed in the interim as vacancies arise.

There are now more people working at the Board than at any time previously. Since October 2021, my Department has agreed to 117 new staffing posts in the Board. The Board has advised that as of 31 January 2024 there were 257 individuals working in the Board including Board Members. The Board received approval and sanction from my Department for a total of 313 posts to date.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Planning and Development Act 2000 provides that in considering planning applications or appeals, a planning authority or the Board is required to consider the proper planning and sustainable development of the area concerned and the prospective effects on the environment of the proposed development, having regard to a range of matters specified in legislation, including observations or submissions made by members of the public. This policy position is replicated in the Planning and Development Bill 2023 which is currently before the Oireachtas.

Public participation is a crucial element of all substantive decision-making processes under the Planning and Development Act 2000 and the proposed Planning and Development Bill 2023 and is also a requirement under the Aarhus Convention and Environmental Impact Assessment Directives in relation to specific types of developments.

It is open to any member of the public to make an observation or submission on a planning application and the planning authority is statutorily obliged to consider such submissions before making a decision on the application. Persons who make submissions are also entitled to be notified of any significant further information provided to the planning authority by the applicant and to be notified of the authority’s decision on the application. Furthermore, any person who made a submission on a planning application may appeal the planning authority’s decision on the application to An Bord Pleanála or may make a submission to the Board in relation to an appeal of that decision.

The fees payable by members of the public to participate in the planning decision-making process are set at a level that, as well as contributing towards the cost of processing applications and appeals, discourages frivolous or vexatious submissions without hindering genuine public participation. In addition, the Board currently has discretion to dismiss an appeal where it is satisfied that the appeal is vexatious, frivolous or without substance or foundation or where the appeal is made with the sole intention of delaying development or of securing the payment of money, gifts, considerations or other inducement by any person. These provisions are replicated in the planning and Development bill 2023.

Notwithstanding this point, in July of this year I wrote to the Attorney General and to the Minister for Justice in relation to demands for financial compensation regarding planning objections. The Attorney General provided views that matters such as these are provided for under current legislation, notably, section 17 of Criminal Justice (Public Order) Act which states “It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another, makes any unwarranted demand with menaces.” The Attorney General also advised that sections 6 & 7 of the Criminal Justice (Theft & Fraud Offences) Act may apply in instances such as these.

In order to protect the planning system, I am currently considering whether it is appropriate to provide additional sanctions in relation to spurious appeals or observations in the Planning and Development Bill 2023. If required I will bring forward amendments to the Bill over the coming weeks as it progresses through the Houses of the Oireachtas.

It is important to reiterate that Government is opposed to the abuse of any process, including in relation to planning, for personal gain to the detriment of the process, this includes behaviour that would lead to a possible abuse of the courts system. Anyone with any concerns regarding a breach of law in respect to a planning application should contact Gardaí.