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 (Resumed)

2:10 pm

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 17:

In page 8, line 8, to delete "as amended." and substitute the following:"as amended and also further to the following additional requirements:

(a) a new screening for Environmental Impact Assessment in accordance with section 176B of the Act of 2000, in relation to the class of development under reconsideration, and/or any element of the development either individually or

collectively;

(b) the screening for appropriate assessment in relation to the class of development under re-consideration, and/or any element of the development individually or collectively;

(c) the preparation and submission of an environmental impact statement and natura impact statement as appropriate, or where an environmental impact assessment and/or appropriate assessment was required to be undertaken as part of the

original consent – the preparation and submission of an associated updated environmental impact statement and natura impact statement as appropriate;

(d) publication of a notice in respect of any such extension conforming to normal site notification requirements specified under the relevant parts of the Act of 2000 as if the development was seeking permission in the first instance, but clearly

indicating the current proposal is to seek an extension to the duration of the original permission;

(e) facilitation of a public participation in the environmental decision making associated with the extension of duration of the original permission in accordance with the provisions of the Act of 2000 as if the development was seeking

permission for the first time;

(f) stipulation that any observations made in respect of the extension of duration shall not require the payment of any fee;

(g) a full reconsideration of the application in accordance with the Act of 2000, as if the decision was to be made in the first instance, but with the benefit and consideration of—
(i) the changed environmental circumstances,

(ii) other developments,

(iii) the objectives and policies of the current County Development Plan, and

(iv) any other considerations relevant to the proper planning and sustainable development of the area, and compliance with wider environmental obligations;
(h) notification that any decision relating to the extension by the planning authority can be appealed to An Bord Pleanála, as if the decision had been made on the development for the first time under section 34 or Part X of the Act of 2000, and

that the decisions on screenings can be referred to the Board under section 176C of the Act of 2000, together with stipulation of the timeframes involved for any such appeal or referral, and where practical information on the process and fees involved can be found in order to recognise—
(i) the changed environmental context now pertaining,

(ii) public participation obligations arising from the Aarhus Convention and normal standards of consultation provided for in the Act of 2000 in the planning process for new applications.".".

I have a series of amendments throughout this section. I will not go into a detailed explanation of each of them. What I am essentially trying to introduce are greater levels of public involvement in the decision-making process at an earlier stage. That is what this rather lengthy amendment would do. The argument, which relates to amendment No. 1 and the introduction of the Aarhus Convention into the definitions at the start of the Bill, is that we have legal obligations to give interested parties, including environmental NGOs and citizens, fair, early and meaningful access to the deliberative process. That is what this amendment is trying to do.

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