Report shows an increase in third-party planning appeals

The number of third-party appeals being received by An Bord Pleanala is continuing to increase

The number of third-party appeals being received by An Bord Pleanala is continuing to increase. Environmental and residential groups are becoming more vocal and more articulate, according to the planning board.

Figures issued with the annual report for 1996 show the total number of appeals up 15 per cent this year and up 45 per cent on the average for the period 1987-1995.

Some 36 per cent of the 3,323 appeals in 1996 were from third parties. This is an increase from 33 per cent in 1995 and 32 per cent in 1994. Most appeals are from developers.

Some 4,000 appeals were received this year, and the board is expecting this to reach 4,500 next year, said the chairman, Mr Paddy O'Duffy.

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Mr O'Duffy welcomed the announcement by the Minister for the Environment and Local Government, Mr Dempsey, of a change in the law to allow more members to be appointed to the board. The new law, expected early next year, will allow the Minister to appoint "one or more" extra members to the board through the making of an Order before the Oireachtas.

It is expected two new members will be appointed. The board has been limited to six since 1984. The number of staff employed by the board has increased to 86 and a further six temporary staff are to be appointed.

A continuing drop in the percentage of cases being determined within four months continued during 1997 and now stands at just over 80 per cent. It is hoped the new appointments will reverse this trend. The board has set a target of determining 95 per cent of cases within four months.

Growth in the demands made on the planning appeals process "started in May 1995 and has been steady ever since", said Mr O'Duffy. The growth was due to the increase in economic activity and a rise in third-party appeals, which is "quite striking".

He said that in 1996 there had been no successful legal challenge against a decision of the board. It had accepted the "general thrust" of the inspector's recommendations in 89 per cent of appeals heard. The board will, in future, endeavour to give more information when it goes against the recommendations of the inspector.

Economic growth meant more weight could be given to environmental considerations when making planning decisions, Mr O'Duffy said.

He added that there was a need to amend the law on listed buildings. "Existing law is not as strong as it should be."

A planning officer, Mr Tom O'Connor, said the board was concerned with aspects of some intensive agricultural developments. It was also concerned that local authorities might be under pressure to lower environmental standards because of the current demand for development.

A website which gives information on planning appeals and decisions, the main characteristics of the appeal system, and how to make a planning appeal, was introduced yesterday. The address is http://www.pleanala.ie and the site is designed to make the appeals process as user-friendly as possible, Mr O'Duffy said.

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent