Health Considerations in Planning Decisions

Health considerations and public concern can in principle be material considerations in determining applications for development proposals. Whether such matters are material in a particular case is ultimately a matter for the courts. It is for the decision-maker (normally the Department) to determine what weight to attach to such considerations in any particular case. However it is the Department's firm view that the planning system is not the place for determining health safeguards. It is for the Department of Health, Social Services and Public Safety (DHSSPS) to decide what measures are necessary to protect public health.