Draft report on An Bord Pleanála sent to Minister for Housing

The Office of the Planning Regulator has sent a draft report on An Bord Pleanála (ABP) to the planning appeals authority and Minister for Housing Darragh O’Brien, in a move that comes two months after the resignation of the body’s deputy chairman.

The report follows a statutory review of ABP procedures by two Scottish officials engaged by the regulator, Niall Cussen, as part of an effort to revive confidence in ABP after prolonged controversy. One of the topics under examination is the allocation of planning files to members of the planning body’s board.

Former deputy chairman Paul Hyde left ABP in July amid inquiries into alleged conflicts of interest in his work. He always denied any wrongdoing. A Garda investigation is under way and the Director of Public Prosecutions is examining a senior barrister’s report for Mr O’Brien on the affair.

Asked about the Garda inquiry, ABP said its board “provided some relevant records on foot of requests” from investigating gardaí. “No officials have been interviewed by An Garda Síochána in the context of its investigation.”

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The Office of the Planning Regulator (OPR) said Mr Cussen expects to publish his final report on the first part of the two-phase review on Monday week, October 3rd.

[ Paul Hyde resigns from An Bord Pleánala following allegations of conflict of interest ]

[ An Bord Pleanála report to remain unpublished during Garda investigation ]

“A draft report in relation to the first phase of the review was submitted to the Minister . . . and An Bord Pleanála on September 19th,” a spokesman said.

Without commenting on the draft findings, Mr O’Brien’s spokeswoman said the Department of Housing “will be providing observations” to the regulator before the final report is released.

ABP declined to comment on the draft, saying the report and “any observations” were still under consideration. “As part of the information-gathering exercise, the board provided a range of documents to the review team,” the planning body said.

Although the regulator’s team has been given wide powers to talk directly to any ABP employee or board member or “any other individual”, ABP said the reviewers had not met any board members or members of its executive team.

“It is the board’s understanding that time constraints to deliver its first report has not allowed for OPR consultation with personnel in An Bord Pleanála. It is the board’s understanding that the second phase of the OPR review may involve engagement with ABP board members and staff, amongst others.”

A separate internal review within ABP has been under way for months.

Asked whether any draft findings from that process had been circulated to anyone within or outside the organisation, ABP said “no” and added that the review process “has not yet been finalised”.

The report “will be presented in the first instance” to the ABP chairman to consider.