Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

To provide context, we have divided amendments under seven thematic areas. to be helpful to members, I will read the following notes. The first heading relates to exempted development and Irish-language impact assessment. Section 9 provides for the Minister’s power to make exempted development regulations, which currently includes that the Minister, in making such regulations, must be of the opinion that the carrying out of such development would not offend against the principles of proper planning, sustainable development or maritime spatial planning. Amendments Nos. 53, 85, 87, 90 and 98, tabled jointly by Deputies Eoin Ó Broin, Thomas Gould and Aengus Ó Snodaigh, seek to restrict exempted development where a language impact assessment is required. Amendment No. 53 seeks to amend section 9(3) which restricts exempted development where an environmental assessment is required to provide that this restriction applies where a language impact assessment is required. Similarly, amendments Nos. 85, 87, 90 and 98 relate to requests for a declaration on whether development constitutes exempted development. When considering such a request, it is proposed that a declaration must state whether the development is likely to have significant effects on the use of Irish within a specified Gaeltacht area and if the carrying out of a language impact assessment is required.

Section 9(1) already provides that the Minister may only make exempted development regulations where he or she is of the opinion that, by reason of the size, nature or limited effect on its surroundings, the carrying out of development would not offend against the principles of proper planning, sustainable development or maritime spatial planning. Having regard to the fact that, as such, exempted development regulations are intended for developments of a minor nature, it is difficult to comprehend what class of development is envisaged that would likely offend against the use of Irish within the community so as to preclude the Minister from classifying it as exempted development. It may not be possible to even do so, given a legally binding declaration is being made.

With respect to the proposed prohibition on exempted development, where that development requires a language impact assessment, this would preclude any non-residential development within a Gaeltacht language planning area or any residential development that includes the construction of not less than two housing units from being exempted development. This would create an undue impediment to non-residential development of a minor nature in Gaeltacht language planning areas and place an unnecessary and unworkable burden on planning authorities to adjudicate a planning application for such development in all cases. For these reasons, I am not in a position to accept these amendments, and that is under the area of exempted development and Irish-language impact assessment.

The next thematic heading is matters to which a planning authority and commission shall have regard to and respect of Irish language. Amendment No. 598 is tabled jointly by Deputies Eoin Ó Broin, Thomas Gould and Aengus Ó Snodaigh. It seeks to amend section 83 which sets out the matter to which planning authorities and the commission must have regard when performing a function under Part 4 by requiring that regard must be had to any information available to it relating to the impact of the development and the use of Irish language within certain specified Gaeltacht areas and the viability of Irish as a spoken language of the community.

Amendment No. 603 tabled by Deputies Cian O'Callaghan, Eoin Ó Broin, Thomas Gould, Aengus Ó Snodaigh and Marc Ó Cathasaigh seeks to require planning authorities and the commission, in the case of development on land situated within Gaeltacht areas, to have regard to the protection of the linguistic and cultural heritage of the Irish language in Gaeltacht communities. Any relevant language plan and a language impact statement prepared by a qualified independent expert must demonstrate that the proposed development will have a positive impact upon the promotion and use of Irish as a language of the community in order for that community to be treated favourably. Similar to my previous position regarding this group of proposed amendments, I do not consider these to be workable or proportionate and they would place an ineffectual obligation on the relevant authorities. For these reasons, I do not in a position to accept these amendments.

Moving to the third theme, the conditions that must be attached to planning permissions granted, amendments Nos. 619 and 623 tabled by Deputies Eoin Ó Broin, Thomas Gould and Aengus Ó Snodaigh seek to amend section 84 and the provisions that enable a planning authority or the commission to attach certain conditions to planning permissions. Amendment No. 619 seeks to amend the existing provision allowing for conditions to be attached related to the appropriate naming and numbering of, and the appropriate signage for, a proposed development and to include that such conditions could require the naming to be in the Irish language only or, in the case of bilingual naming, for the Irish name to be more prominent in signage. Amendment No. 623 seeks to include a new provision that where a development includes the construction of not less than two housing units in a certain specified Gaeltacht area, the planning authority or the commission may attach conditions to protect and promote the use of Irish within the community and the viability of Irish as the spoken language of the community. These include, but are not limited to: requiring a language impact assessment to be prepared to demonstrate that the proposed development would have a positive impact on the use of Irish compared with English in the area; and the requirement that a certain percentage of the development be reserved for Irish-speaking residents who demonstrate a minimum B2 level of spoken Irish under the Common European Framework of Reference for Languages. Amendment No. 647 tabled jointly by Deputies Cian O'Callaghan, Eoin Ó Broin, Thomas Gould and Aengus Ó Snodaigh seeks to amend section 92 which sets out the provisions governing the making of an application to a planning authority for a standard development.

These amendments relate to an application for permission for residential developments situated in certain specified Gaeltacht areas. In such cases, where an applicant is competent in the Irish language, that applicant shall be treated as having a social need and the application shall be treated favourably. I do not consider the proposed amendments to be fair, reasonable or balanced in the context of the planning system and its purpose and scope. The proposed conditions are not workable for those having to consider and apply the proposed conditions nor for those to whom such conditions may apply. The proposed provisions are also overtly vague in places, such as providing that certain planning applications are to be “treated favourably”. Without labouring the point, for these reasons, I am not in a position to accept these amendments.

I have other themes if members would like to discuss the other headings. I will give the headings and then members can ask. They are decisions of commission on appeal or on direct application for development in Gaeltacht; competence of planning commissioners and Office of the Planning Regulator in the Irish language; performance of functions by the Office of the Planning Regulator; performance of functions by the commission; and Údarás na Gaeltachta as an approved housing body.