Oireachtas Joint and Select Committees

Tuesday, 13 December 2016

Select Committee on Housing, Planning, Community and Local Government

Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage

2:10 pm

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

Deputy Catherine Murphy had a question on the penalty. We felt that, if we were going to provide for them, there had to be a consequence if the statutory periods were not delivered upon. The truth is that my Department will probably be funding the fine, but the fact that it is being paid at all is what will ensure compliance. Having spoken at length with An Bord Pleanála, I am confident that it can deliver. I do not think the fine will ever be triggered because I think the board will ensure that it will not happen.

This was about ensuring that there was a consequence for not delivering on the statutory requirement in the legislation. It would be a farce if the law provided that a decision was to be made within 16 weeks but it took 20 weeks and we could do nothing about it. We had to provide for some consequence where a decision is not made within the timeframe set in the legislation. No one in An Bord Pleanála will personally be out of pocket. However, although it does not like it, the organisation recognises that there will be a consequence if it does not deliver. The consequence will be that the applicant will get a payment because the State has not delivered on its side of the bargain, as provided for in law.

On the involvement of councillors and the public, the fees for planning objections in this situation will not be higher. This is not the same as the process provided for in the Strategic Infrastructure Act. If it was, we would have simply extended that legislation. This is different. The pre-planning consultation process is much more formal and involves the local authority in a meaningful way. It will result in a report, which will be like a planning report. An Bord Pleanála will also have been involved in the pre-planning process so that it understands the local issues, consistency with the local area plan and some of the quirky local issues that sometimes must form part of planning considerations.

Whether councillors should have to pay a fee to make an observation or an objection was raised in the Seanad. We have indicated that we will examine the matter in the context of the broader planning Act that will come through the Houses next year. I am minded to ensure that there is no obstacle to councillors, as representatives of the people, making a formal submission or objection. We will examine and debate the issue when the legislation is coming through. However, there will no increased cost for a member of the public to make an objection or an observation. That is the intention. In the upcoming amendments, we will speak about the planning fees. In terms of the public's ability to make a submission and its access to information in advance of An Bord Pleanála having an on-line information system, which will not be in place until the middle of next summer, local authorities will be asked to ensure that information linked to planning applications is made available to the public. There will be no problem with any member of the public getting details on applications.

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