An Bord Pleanála: State has no power to overturn Paul Hyde’s planning rulings

Former deputy chairman of An Bord Pleanála Paul Hyde resigned last week as investigations are underway into some of his planning decisions. Picture: Gareth Chaney/Collins Dublin

The State has no power to overturn the planning rulings of former An Bord Pleanála deputy chair Paul Hyde, regardless of the outcome of a series of probes into his decision-making.

Correspondence between the planning regulator and a person directly affected by a recent decision by Mr Hyde states unequivocally that no decisions will be overturned as a direct consequence of the ongoing investigations.

The Office of the Planning Regulator (OPR) has told Dr Timmy Frawley — a native of Co Wicklow whose locality will get a telecommunications mast approved by Mr Hyde — that several reviews are ongoing into Mr Hyde's conduct and wider processes within An Bord Pleanála.

However, the regulator said: “It is important to acknowledge that neither the Minister’s report nor the OPR’s review will have scope to reopen An Bord Pleanála planning cases.

"There is no provision under planning legislation to revisit planning cases that have already been determined. The OPR has no statutory authority in this regard."

Mr Hyde, who had denied any impropriety, resigned from his role last Friday after having initially stepped aside from his duties in early May “without prejudice” pending the completion of the probes.

Judicial review

Separately, a senior official within An Bord Pleanála has said the sole means by which planning board decisions can be overturned, notwithstanding the need to amend clerical errors, is via the process of a judicial review action in the courts.

The decision concerning Dr Frawley relates to an application by Eir to build an 18m tall monopole next to his property. 

It was refused planning by both Wicklow County Council and planning board inspector Paul O’Brien, with permission subsequently granted by Mr Hyde in February.

At least three reviews are currently in progress regarding the decision-making of Mr Hyde, the most notable being an investigation by senior counsel Remy Farrell commissioned by Darragh O’Brien, the housing minister, in late April.

That probe, which is due to report to the minister on July 29, was sparked after a series of media reports concerning Mr Hyde’s conduct

They included a planning board refusal that Mr Hyde had voted upon concerning a development beside a property he co-owns in Cork City, and his granting of permission for a planning application made by his sister-in-law without conditions, against the wishes of his own planning inspector.

The investigation has since been expanded to incorporate Mr Hyde’s decision-making regarding telecommunications masts, after the Irish Examiner reported that he had overruled his own inspectors’ recommendations of refusal 32 times in 37 cases in granting permission for the construction of mobile signal-boosting monopoles around the country.