Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

First, I thank the Cathaoirleach and the committee for facilitating what is an important discussion on and consideration of this business. As the title suggests, these draft regulations relate to provisions concerning development that is exempt from the requirement to obtain planning permission. Under section 262(4) of the Planning and Development Act 2000, as amended, each House of the Oireachtas is required to approve draft regulations relating to exempted development by way of positive resolution before they can be made by the Minister. The draft amending regulations make changes to the exempted development provisions set out in the Planning and Development Regulations 2001 to 2015, which are the principal regulations. These changes relate primarily to the provision of a number of exemptions for development undertaken by Irish Water in the provision of essential water services. The amendments also provide for the clarification of limitations or conditions on certain existing exemptions relating to electricity service transmission and grid connections, the removal of exemptions for portable waste disposal compactors, the insertion and amendment of some definitions, together with a number of minor technical amendments to the principal regulations generally. In this context, my Department is continually engaged in reviewing and considering ways of streamlining the planning framework and, in the context of the exempted development regulations, whether it is appropriate to exempt further development from the requirement to obtain planning permission.

The primary basis for exempted development is section 4(2) of the 2000 Act, which permits development to be exempted which, by reason of its size, nature or limited effect would not offend against the principles of proper planning and sustainable development. As already indicated, the main focus of the draft regulations is to provide for exemptions for certain development works undertaken by Irish Water. In this connection, the draft regulations insert a new class of exemptions, class 58, in Part 1 of Schedule 2 to the principal regulations for certain works undertaken by Irish Water. These exemptions will permit Irish Water to undertake works relating to normal day-to-day activities without the need to obtain planning permission from the relevant planning authority. Previously, the provision of water services and related works was undertaken by the local authorities with broad exemptions under which they could operate. As Irish Water now has taken over the water services functions of local authorities and cannot avail of these exemptions available to local authorities, it is now appropriate that Irish Water should have similar exemptions to those previously given to the local authorities, as well as those given to other statutory utility providers involved in the provision of electricity, gas and telecommunications services.

The proposed exemptions for Irish Water in the draft regulations include works relating to the maintenance and repair of existing water services, pipes and water mains and associated apparatus, the installation of new pipes and associated apparatus, such as kiosks and service connections with certain restrictions, the provision of below-ground pumping or booster stations and holding tanks with restrictions. The exemptions also include the provision of telemetry and telecommunications apparatus on water service sites with restrictions, the provision of structures on water service sites for sampling and testing of water with restrictions, the carrying out of remedial works in compliance with a licence issued by the Environmental Protection Agency, EPA, under the Wastewater Discharge (Authorisation) Regulations of 2007, the maintenance, repair or upgrading of water structures on a water services site with restrictions, the installation of plant or equipment on a water services site, as necessary, to avert risk to public health or critical failure of infrastructure, the carrying out of emergency works to ensure the continued supply of essential water services for households and businesses, the provision of fences and gates etc. on water services sites with restrictions, as well as the undertaking of test drilling for public water supplies. Allied to these amendments is the insertion of a technical definition of the term "accessories", which is referred to in the exemptions with regard to pipes, water mains and such apparatus, and as provided for in section 2 of the Water Services Act 2007.

I point out in particular that these draft regulations do not provide blanket exemptions for development works by Irish Water. The proposed exemptions are subject to both general and specific restrictions and any works proposed by Irish Water that are not specifically exempted will require full planning permission. In addition, Article 9 of the principal regulations provides for a range of restrictions on exemptions generally. For example, it provides that development listed in Schedule 2, which relates to exempted development, shall not be exempted development if it would contravene an objective of a development plan or a local area plan or such draft plans where such objectives may relate to the preservation or protection of the character of a landscape or a site of archaeological or historical interest. Restrictions also apply where development would endanger public safety or would obstruct a public right of way. Furthermore, any exemptions in the regulations are subject to compliance with any general restrictions on exemptions as set out in the Act. For example, section 4(4) of the Act provides that development shall not be exempted development if an environmental impact assessment, EIA, or an appropriate assessment, AA, of the development is required in accordance with relevant European Union directive requirements. In such scenarios, planning permission is required for any such proposed developments supported by the undertaking of an EIA or AA, or both, of the proposed development.

In effect, there is a comprehensive range of restrictions or limitations which can be applied to any exempted development works undertaken by Irish Water.

In the absence of Irish Water being given exemptions for the types of works proposed in these draft regulations, which I have already suggested could be generally regarded as routine day-to-day activities for example pipe repair or replacement to guarantee continuity of supply, it would have to apply for planning permission to undertake the necessary works, with associated delays leading to significant inconvenience for households and businesses in terms of the resumption of normal supply.

The regulations also propose the substitution of a revised definition of the term "protected person". This definition relates to recent exemptions given in the Planning and Development (Amendment) No. 4 Regulations 2015 to the change of use without the requirement of planning permission of certain premises such as hotels and hostels to provide accommodation or emergency reception and orientation centres for refugees and asylum seekers - protected persons.

As members are aware, Ireland is committed to accepting up to 4,000 people on resettlement or relocation into the country over the coming two years under the Government's refugee protection programme as the Irish contribution to the EU relocation programme for migrants. This amendment to the existing "protected person" definition is a technical amendment to remove the possibility of any confusion in the reading and interpretation of the regulations with reference to the Refugee Act 1996 and the subsidiary protection regulations 2013, thereby underpinning the refugee protection programme.

With regard to electricity services and grid connections, the draft regulations also propose the insertion of a new condition or limitation to the existing class 26 and class 27 in Schedule 2, Part 1 of the principal regulations. These classes currently provide exemptions for parties authorised to provide an electricity service to lay underground mains and cables, class 26, and to construct overhead transmission or distribution lines, conducting electricity not exceeding 20 kV, class 27.

The insertion of the proposed new condition to classes 26 and 27 will specifically restrict the application of these exemptions so that they will not apply to development which is for the purposes of connecting a project requiring an EIA or an AA to the national system for transmission of electricity, such as in the case of the connection of a wind farm development to the national electricity grid.

These changes will effectively provide, for example, that grid connections for wind farms requiring an EIA, an AA or both, will no longer be exempt from planning permission as they have up to now. They will now become de-exempted under these regulations. This will ensure that the grid connection element for EIA-scale proposed developments, such as wind energy development projects, should in the future be treated and assessed as part of the overall proposed wind farm development, in which case an EIA should be carried out for both the wind farm and the grid connection elements.

This approach is in line with the EU EIA directive requirements that the entirety of a proposed project should be assessed at planning permission stage and it further reflects a recent High Court judgment that found that connection to the national grid was an integral part of a wind farm development proposal and should, therefore, be assessed as part of an EIA for the entire project.

It is intended that my Department will issue guidance to planning authorities to provide greater clarity and advice on the assessment of applications for planning permission for such developments in order to ensure that such projects are assessed in their totality in line with the EIA directive requirements and also reflecting the High Court judgment in this regard. The draft regulations further propose to remove the existing exemption in class 42B regarding portable waste disposal compactors on business premises. Waste disposal compactors have a role to play in certain areas that have, for example, a transient population who are unlikely to sign up for a collection service - for example, an area with a large number of holiday homes or remote areas not served by kerbside waste collections.

However, there has been a significant increase in the use of such compactors in recent years, even in locations well served by kerbside collection services. In these areas, they are effectively in competition with kerbside collectors, thereby potentially undermining that service. Waste policy, as reflected in the regional waste management plans, recognises the importance and the primacy of kerbside collection in the management of waste. Consequently, it is proposed to remove the current exemption so that all proposed waste disposal compactors are subject to a requirement to obtain planning permission. This process will provide for such applications to be assessed in the context of national and regional waste policy to ensure that they play an appropriate role in the overall waste management infrastructure.

In addition, Articles 4 and 6 of the draft regulations make minor technical amendments to Article 193(2)(g) of the principal regulations and also to paragraph 16 of the directions for completing form No. 2, the planning application form, in Schedule 3 of the principal regulations, respectively. If the draft regulations are approved by positive resolution of both Houses of the Oireachtas they will come into force as soon as they are made by the Minister. I commend the draft regulations to the committee and I will endeavour to answer any questions members may have on their content.