Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 15:

In page 14, between lines 8 and 9, to insert the following:“Insertion of section 51A into Act of 1993

25.The Act of 1993 is amended by inserting after section 51 the following:

“Consultations with An Bord Pleanála before making of application under section 51

51A.(1) Where a road authority or the Authority, as the case may be,

proposes to make an application for approval to An Bord Pleanála pursuant to section 51(2) in relation to a proposed road development, it may, before making the application, make a request to An Bord Pleanála to enter into consultations in relation to the proposed road development.

(2) An Bord Pleanála shall—

(a) accede to a request under subsection (1) as soon as possible, and

(b) ensure that consultations held are completed as expeditiously as is consistent with proper planning and sustainable development and, for that purpose, take all such steps as are open to it to ensure that, in so far as is practicable, there are no avoidable delays at any stage in the holding of those consultations.

(3) In any consultations, An Bord Pleanála may give advice to the

road authority concerned or the Authority regarding the proposed application for approval under section 51(2) and, in particular, regarding—

(a) the procedures involved in making such an application and in considering such an application, and

(b) what considerations, relating to—

(i) the effects of the proposed road development on the environment, or an area, site or land, referred to in section 50(1) (d), or

(ii) proper planning and sustainable development, that may, in the opinion of An Bord Pleanála, have a bearing on its decision in relation to the application.

(4) A road authority or the Authority, as the case may be, shall, for

the purposes of consultations, supply to An Bord Pleanála sufficient information in relation to the proposed road development so as to enable An Bord Pleanála to assess that development.

(5) An Bord Pleanála may consult with any person who may, in the

opinion of an Bord Pleanála, have information which is relevant for the purposes of consultations in relation to the proposed road development.

(6) The holding of the consultations shall not prejudice the

performance by An Bord Pleanála of any other of its functions under this Act or regulations under this Act and shall not be relied upon in an application for approval under section 51(2) or in legal proceedings.

(7) An Bord Pleanála shall keep a record in writing of any

consultations, including the names of those who participated in the consultations, and a copy of any such record shall be placed and kept with the documents to which any application for approval under section 51(2) in respect of the proposed road development relates.

(8) An Bord Pleanála shall provide a copy of any record kept in

accordance with subsection (7) to the road authority concerned or the Authority.

(9) Following the completion of any consultations between An Bord

Pleanála and the road authority concerned or the Authority, as the case may be, the road authority or the Authority may apply to An Bord Pleanála for the approval referred to in section 51(2) in relation to a proposed road development.

(10) In this section, ‘consultations’ means the consultations referred

to in subsection (1).”.”.

The purpose of this amendment is to insert a new section, 51A, into the Roads Act 1993 to provide that roads authorities and the NRA may engage in pre-planning application consultations with An Bord Pleanála on proposed road developments which require an environmental impact statement. The planning, design and implementation of individual national roads schemes are matters for the NRA under the Roads Acts of 1993 to 2007, in conjunction with the relevant local authorities. At present there is no provision, in either the Roads Act or the planning Acts for the NRA or roads authorities to enter into pre-planning application consultations with An Bord Pleanála in regard to proposed road developments. The amendment to the Roads Act 1993 is being introduced as it is considered desirable to amend the existing legislation to allow for advance consultation on relevant projects and also for any new applications being considered or developed for rejected schemes, such as the Adare or Slane bypasses.

During the Second Stage debate on the Bill, Deputy Patrick O'Donovan indicated that he intended to raise this matter on Committee Stage. My predecessor, the former Minister for Transport, Tourism and Sport, Deputy Varadkar, indicated that he would consider the issue. Since then, Deputy O'Donovan has raised the matter with me and, upon consideration of his point, I have decided to amend the Bill to take on board the observation he made.

The insertion of this new section sets out the procedure to be adopted by the NRA or road authority and An Bord Pleanála to facilitate pre-planning application consultations. In summary, where the National Roads Authority wishes to make an application for approval to An Bord Pleanála in regard to a road development, it may, before making the application, make a request to An Bord Pleanála to enter consultations on the proposed road development. An Bord Pleanála shall accede to the request and ensure consultations are completed expeditiously. An Bord Pleanála may give advice to the NRA or road authority concerned regarding the application procedures and what planning considerations may have a bearing on its decision on the application. The National Roads Authority, or the road authority, shall, for the purposes of consultation, supply An Bord Pleanála with sufficient information to allow it to assess the development. An Bord Pleanála may consult third parties where relevant. The holding of the consultation shall not prejudice the performance by An Bord Pleanála of any of its functions under the Roads Act 1993. An Bord Pleanála shall keep a record in writing of any consultations and shall provide a copy of any record kept to the NRA or to the road authority concerned. Following completion of any consultation between An Bord Pleanála and the road authority, the road authority or the NRA may apply to An Bord Pleanála for planning approval for the development concerned.

This amendment in no way seeks to affect or change the absolute independence of An Bord Pleanála, or any of its functions recognised under the Roads Act 1993. Its objective is simply to facilitate consultation and the sharing of information between the road authority concerned and An Bord Pleanála.

I thank Deputy O'Donovan for raising this matter. His input into this Bill and the amendments he proposed will strengthen the operation of the Bill and the new body. I hope it will lead to the decision-making process on roads and infrastructure above a certain size being more efficient in the future.