The chairman of An Bord Pleanála has refused to apologise for controversies that have hit the planning body during an appearance at the Dáil’s Public Accounts Committee (PAC).
Dave Walsh also offered an explanation for rising legal costs for the board, which increased from €1.2 million in 2018 to €8.4 million in 2020, and defended himself against a suggestion that his position had become untenable.
The committee meeting took place a week after the board’s deputy chairman, Paul Hyde, tendered his resignation to Minister for Housing Darragh O’Brien before the conclusion of a number of inquiries into allegations of a conflict of interest. There are claims that Mr Hyde was conflicted in some planning decisions as well as in his property investments, debts and statutory declarations to the board.
Mr O’Brien appointed lawyer Remy Farrell to investigate the allegations in May, and an internal review is also being carried out by the planning body. Mr Hyde had denied any impropriety and initially stood aside temporarily “without prejudice” from his role pending Mr Farrell’s report.
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Mr Walsh addressed the controversy and referenced the internal review in his opening statement, saying he would take any action necessary to strengthen the board’s systems and procedures “to ensure that they are as legally robust” as possible and to maintain confidence in its impartiality.
Sinn Féin TD Imelda Munster outlined how Mr Walsh told the PAC last year that the board’s reputation was based on “transparency and accountability” and that he “would challenge anybody to say that there is anything other than proper consideration given to all applications”. She asked him if he would like to apologise for that comment and withdraw the remarks.
Mr Walsh replied that reviews were under way and “I cannot comment any further in relation to any allegations that are out there that are being examined”. Put to him that he was not prepared to apologise, he said: “At this point, no, because we have yet to have the results of those reviews.”
Separately, Mr Walsh outlined that there was a growing number of judicial review cases challenging the board’s decisions, with 83 new cases in 2020 and 95 last year. Many of the cases involve Strategic Housing Developments (SHDs).
Legal costs for 2020 were €8.4 million and there is a cost of €7.7 million in the draft accounts for last year. Some 32 cases were lost or conceded in 2020 and this increased to 40 last year.
Sinn Féin TD Matt Carthy asked Mr Walsh about the judicial reviews and the sums being spent on legal fees. He argued that the board was losing in court “again and again” but that “you didn’t say ‘Stop’ ”.
Mr Walsh said the same issues are not raised in every case and there is a time lag of 12 or 18 months between judicial reviews being lodged and the court making its rulings. He said the board still had to decide on about eight SHD applications per month while waiting for court decisions.
Mr Carthy said Mr Walsh had an obligation to identify a problem and that “nobody has confidence in An Bord Pleanála as it currently stands and that happened under your leadership”.
“I believe your position is untenable and I don’t know how you have not come to the same conclusion,” he said.
Mr Walsh said the board “takes lessons from every single judicial review” and these are integrated into future decisions.
“To say that we’re not taking any actions arising from judicial reviews is incorrect,” he added.
