An Bord Pleanála chairperson gets delayed report into alleged malpractice at planning body

Last May the chair of An Bord Pleanála, Peter Mullan, informed staff that it was to be delivered within a few days but this was subsequently revised. 

A report into a whole series of allegations of malpractice at An Bord Pleanála has finally been delivered to the board’s chairperson after being subjected to a series of delays and challenges. 

The report, completed by senior counsel Lorna Lynch, was commissioned in December 2022. 

Last May the chair of An Bord Pleanála, Peter Mullan, informed staff that it was to be delivered within a few days but this was subsequently revised. 

The Irish Examiner understands that a number of individuals who had been shown a draft objected to elements of the report and threatened legal action.

Mr Mullan is now expected to come under pressure to publish the report as the full extent of the issues that arose in the board in 2022 have never been fully revealed or officially acknowledged.

The report was commissioned to examine allegations that had been the subject of media investigation and an unpublished internal review at the board. 

Over the course of 2022, the deputy chair Paul Hyde resigned over allegations of conflicts of interest. He was subsequently prosecuted under planning law and received a two-month prison sentence, which was replaced by a fine on appeal.

The chair of An Bord Pleanála at the time, Dave Walsh, retired in 2022. There were no allegations of impropriety against him personally but his sudden early retirement came a week after the Irish Examiner published details of the internal review that highlighted a whole series of malpractices in the organization.

Among the findings of the review were:

* A romantic relationship in the organization could have impacted on board decisions and procedures.

* Inspectors reports had been changed to a “substantive” extent.

* Cases had been processed where the applicant or appellant was well known to a board or senior staff member involved in the case.

* Files on applications near the home of board members were handled by that board member.

* A number of cases were dealt with by two person boards contrary to legal requirements.

Mr Walsh was succeeded as chair by senior civil servant Oonagh Buckley who decided not to publish the review but instead commissioned the Lorna Lynch report. Oonagh Buckley returned to central government in January 2024 and was replaced by Mr Mullan.

Ms Lynch’s terms of reference included to examine whether there had been a “stated misbehaviour” on the part of any board member and in the case of any employee whether there was a case “to initiate procedures in accordance with applicable disciplinary procedures”.

All of those who had been the subject of allegations have since left the board but the full extent of the alleged malpractice, and whether it is grounded in evidence, has never been publicly revealed.

A statement on An Bord Pleanála’s website acknowledging the receipt of the Lynch report notes “the chairperson will take time to fully consider the contents before taking any further step on the matter”.