9 February 2005

Environment

Pay Offs To Withdraw Planning Applications Or Appeals

Ciarán Cuffe asked the Minister for the Environment, Heritage and Local Government his views on recent media reports suggesting that developers have paid off objectors in order that they do not appeal proposals for development to An Bord Pleanála; if he intends to introduce changes in the Planning Acts or regulations to ensure that evidence of such payments may be used as legitimate grounds for the refusal of granting permission; and if he will make a statement on the matter.

Minister for Environment, Heritage & Local Government: Allegations are sometimes made of payments being provided to or demanded by persons to withdraw objections to planning applications or appeals. Under Section 138 of the Planning and Development Act 2000, An Bord Pleanala has the power to dismiss an appeal which is, in the Board’s opinion, made with the intention of securing the payment of money, gifts, consideration or other inducements by any person. Section 34 of the Planning and Development Act 2000 sets out the matters which the planning authority must have regard to when making its decision. I have no plans to amend planning legislation in this area.