Inquiry into An Bord Pleanála's deputy chair to assess three planning decisions
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The terms of reference have been published for an investigation of planning decisions made by the deputy chair of An Bord Pleanála (ABP) Paul Hyde.
The investigation, to be helmed by senior counsel Remy Farrell, will provide his opinion on four matters — three individual planning decisions, and a judgement regarding Mr Hyde’s personal financial circumstances with possible creditors.
The first case in question is that of a refusal by ABP of a strategic housing development at Pope’s Hill in Cork city in March. It subsequently emerged that Mr Hyde part-owns a property situated adjacent to that proposed development, something he had not declared to ABP.
Mr Hyde has since claimed that he did not believe that ownership needed to be declared as the company involved is dormant.
The second case involves a decision by Mr Hyde to approve without conditions a development at his sister-in-law's house at Sandymount in Dublin in May of 2021. The deputy chair has since stated that he did not become aware of his family’s involvement with that property until April 28 of this year.
The third concerns Mr Hyde’s having allegedly voted against a proposed housing scheme on a site bordering development land owned by his father at Carrigtwohill in Cork in December 2018.
The final matter concerns whether or not Mr Hyde would have been precluded from being a member of the board on foot of receivers allegedly having been appointed to three investment properties in which he held an interest.
Under the Planning Act 2000, a person shall cease to be an ordinary member of the board if he or she "makes a composition or arrangement with creditors”.
On Monday of this week, Mr Hyde temporarily stepped back from his duties as deputy chair at the planning body “without prejudice”, pending the outcome of the two investigations – the other being an internal audit of Mr Hyde’s decisions within ABP itself - currently underway as to his conduct.
Mr Farrell’s investigation will provide an opinion as to whether or not Mr Hyde had correctly disclosed all his relevant interests per sections 147 and 148 of the planning act, which relate to declarations of potential conflicts of interest.
It will also investigate as to whether or not Mr Hyde complied with his role as deputy chair by keeping the board “fully informed” of all “circumstances material to or likely to be material to the business of the board”.