Committee Reports > List of Committees > Joint > 1998 > Committee on Environment and Local Government > Review - Planning Legislation

Appendix I

27 Aibreán, 1998

An Cléireach,

Joint Committee on Environment and Local Government,

Houses of the Oireachtas,

Kildare House,

Kildare Street,

Dublin 2.

Review of Planning Legislation

A Chara,

As requested I enclose a note on the power of An Bord Pleanála to grant planning permissions in contravention of the development plan. I hope this will be of use to the Joint Committee.

Is mise, le meas,

Feargal Ó Coigligh,

Príomhoifigeach Cúnta,

Planning Section.

An Bord Pleanála’s powers to contravene development plans

The position regarding An Bord Pleanála’s consideration of the development plan is as follows:

1. Legal Position

Section 26(5) of the Local Government (Planning and Development) Act, 1963 (as inserted by Section 3 of the Local Government (Planning and Development) Act, 1992) provides that An Bord Pleanála should determine an application as if it had been made to the Board in the first instance. Section 26(1) of the 1963 Act restricts the Board to considering the proper planning and development of the area, regard being had to the provisions of the local authority development plan. Section 14(8) of the Local Government (Planning and Development) Act, 1976 expressly permits An Bord Pleanála to decide to grant a planning permission or approval even if the proposed development contravenes materially the development plan relating to the area.

While the Board does not keep statistics in relation to the granting of permissions which materially contravene a development plan it is understood that such decisions are infrequent.

Planning authorities cannot grant permission which would materially contravene a development plan without going through the material contravention procedure under section 26 of the 1963 Act as amended. This involves a public notification procedure and the final decision to grant the material contravention rests with the elected members of the local authority.

Reasoning for Board’s Power

An Bord Pleanála’s power to contravene a development plan has been justified given the Board’s particular role and functions. The Board has a wider view of planning at a national level. It has also been felt that the Board should have the power in certain circumstances to grant permission, notwithstanding the provisions of a development plan, on grounds relating to the adequacy or relevancy of the plan in relation to a particular area or a particular development. Sometimes, this power of the Board can discourage or mitigate irresponsible or bad zoning decisions by local authorities. The fact remains, however, that Board is still restricted to considering the proper planning and development of the area.

The power has also been used in the absence of any procedure (as that available to the planning authority) which would otherwise allow the Board to contravene a development plan.

The issue is, however, being considered as part of the planning review and in particular in the context of ensuring that high quality and up to date development plans are maintained by planning authorities.