13 April 2005

Environment

Planning Regulations

Ciarán Cuffe asked the Minister for the Environment, Heritage and Local Government if he will consider changing the planning regulations in order that decisions on proposed local authority development works made under Part 8 of the Planning and Development Act 2000 can be appealed to An Bord Pleanála; and if he will make a statement on the matter.

Minister for the Environment, Heritage and Local Government:  

Development by or on behalf of a local authority which requires Environmental Impact Assessment must be submitted to An Bord Pleanála for approval.

With regard to development by or on behalf of a local authority which does not require Environmental Impact Assessment, the Manager of the planning authority must consult the public and prescribed authorities. The Manager must submit to the elected members of the local authority a report on the proposed development which describes the nature and extent of the development, evaluates whether or not it would be consistent with the proper planning and sustainable development of the area and summarises the issues raised in any submissions or observations made on the proposed development. The development may proceed unless the elected members vary or modify it or decide not to proceed with it. 

I have no current plans to amend these provisions which were relatively recently endorsed by the Oireachtas in the context of the Planning and Development Act 2000 and the Planning and Development Regulations 2001.