An Bord Pleanála chair 'generally' believes body is 'in full compliance' with code of practice
An Bord Pleanala Dave Chairperson Walsh
The chair of An Bord Pleanála says that “generally” he believes his board to be “in full compliance” with Ireland’s code of practice for the governance of State authorities.
Dave Walsh, who has been chair of the board since 2018, will tell the Public Accounts Committee (PAC) on Thursday, though, that he “fully” recognises “the seriousness” of a number of issues for which the board has become the focus of scrutiny, and “the potential damage that these allegations have done to the board’s reputation for integrity, independence and impartiality”.
Mr Walsh’s keenly awaited appearance before the committee will see him describe the board as being “well aware of its critical role” within the planning system, and “very cognisant” of its corporate governance responsibilities.
The PAC hearing has been convened on foot of a number of allegations made against ABP’s deputy chair Paul Hyde who resigned from the board last Friday.
Mr Hyde’s decision-making at the board is currently the subject of several reviews in terms of the appropriateness of some of those decisions and potential conflicts of interest on Mr Hyde’s part.
Mr Walsh will tell the committee that he “can confirm that the board considers itself generally in full compliance with all applicable provisions of the Code of Practice for the governance of State bodies”.
That code of conduct contains specific provisions for the “periodic disclosure of interests” by board members.
A review of Mr Hyde’s decision-making by senior counsel Remy Farrell is focused, in part, on potential conflicts of interest on the former deputy chair’s part, with regard to a refusal of permission for a development next to a property he co-owned in Cork city which he had not declared, and his granting of permission for a house extension for his sister-in-law, among others.
Mr Hyde has always denied any impropriety on his part in the course of his work with the planning board.
Mr Walsh is expected to tell the committee that he “will take whatever action and reforms may be necessary and appropriate” with a view to “maintaining public confidence in the impartiality of the board’s decision-making processes”.
He will likewise say that will “take account” of any proposed recommendations stemming from Mr Farrell’s probe, which is due to report to the minister for housing at the end of July.
He will also state that it “is accepted” that 2020 and 2021 saw a “significant number of losses and concessions” — 62 in total — in terms of legal cases taken in the courts against the board’s planning decisions.
“These applications for judicial review of the legality of decisions involve significant detailed legal scrutiny of complex matters of procedure and interpretation relating to European Union environmental directives and other issues arising from the Strategic Housing Development (SHDs) application process,” he will say.
Briefing materials provided to the PAC show that in the first six months of 2022 a further 45 judicial reviews were taken against an Bord Pleanála, broadly in line with the 95 and 83 taken in 2020 and 2021 respectively.
The number of cases taken against the board has jumped hugely within the past five years, driven predominantly by actions taken against the fast-track SHD process — the vast majority of which the planning board has either lost or conceded.
Some 18 of the cases taken to date this year relate to SHDs, a process which is set to be phased out later this year.