Dáil Éireann Debate, Tuesday - 17 June 2025
491. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if a reason must be given by a person when making an objection to planning permission as was the case in the past (details supplied); and if he will make a statement on the matter. [31798/25]
Amharc ar fhreagraPublic participation is an important element of all substantive decision-making processes under the Planning and Development Act 2000, as amended (Act of 2000). It is also a requirement under the UN Aarhus Convention on Access to Information, Public Participation on Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention) and the European Union Environmental Impact Assessment Directive 2011/92/EU in relation to specific types of developments.
In Ireland, it is open to any member of the public to make an observation or submission on a planning application, with the associated fee, within a specified period and the planning authority is statutorily obliged to consider such submissions before making a decision on the application. The contents of a submission are not prescribed under legislation.
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 (the Board) or may make a submission to the Board in relation to an appeal of that decision.
The Board 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.
While I am satisfied that the current arrangements in relation to public participation in decision-making contribute significantly to the openness and transparency of the planning process, the Planning and Development Act 2024 addresses the potential for spurious planning objections and appeals. When these provisions are enacted later this year, statutory declarations will have to be submitted with all submissions or objections on planning applications, appeals and judicial reviews stating that it is not being done for the purposes of delaying a development or for receiving a payment. Requesting payment for not opposing a development will also be prohibited.
