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 Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

I move amendment No. 23:

In page 8, between lines 33 and 34, to insert the following:“(4) The failure by a planning authority to comply with the requirement to hold a consultation meeting for the purposes of section 247 of the Act of 2000 by virtue of subsection (3) within the time limits provided for by that subsection shall not prevent the Board from proceeding under this section to deal with the application concerned.”.

The proposed legislation and the inherent rationale for fast-tracking applications are underpinned by a constituent number of timelines throughout the decision-making process. In this context, we recognise that it may be the case that, from pre-application consultation stage to final decision stage, there is the potential for slippage in meeting the component deadlines in progressing planning applications. To this end, I wish to ensure the overall process will not be derailed and that the validity of any step or decision taken by the An Bord Pleanála outside the stated timelines will not prevent an - even one or a small number - strategic housing development planning application from proceeding.The amendments are similar to existing provisions in the Planning and Development Act 2000, as amended. Under sections 12(16) and 13(10) of that Act, the validity of the making of or varying, respectively, a development plan cannot be questioned by a person solely on the basis that the relevant procedures were not completed in the time required.

Similarlyamendments Nos. 58 and 74 are minor technical amendments related to the requirements of the application process under section 8(3)(a) and the decision-making process under section 9(4). They provide for uniformity in the provisions of the Bill to allow An Bord Pleanála to decide on the adequacy and completeness of an environmental impact assessment or a Natura impact statement and also the decision to grant planning permission.

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