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

I move amendment No. 85:

In page 26, between lines 28 and 29, to insert the following:“Construction of section 144 (fees payable to Board) of Act of 2000 during specified period

18. Subsection (1A) of section 144 of the Act of 2000 has effect during the specified period—

(a) as if in paragraph (b) “or for any strategic housing development (within the meaning of section 3 of the Planning and Development (Housing) and Residential Tenancies Act 2016)” were inserted after “for any strategic infrastructure development”,

(b) as if in paragraph (c) “or a request for a consultation under section 5 of the Planning and Development (Housing) and Residential Tenancies Act 2016” were inserted after “the Act of 2001”,

(c) as if there were inserted the following after paragraph (d):

“(da) a request for a determination under section 7(1)(a) of the Planning and Development (Housing) and Residential Tenancies Act 2016;”,

(d) as if in paragraph (e) “or under section 7(1)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “section 173(3),”,

(e) as if there were inserted the following after paragraph (e):

“(ea) a request for an opinion in writing on what information will be required to be contained in a Natura impact statement under section 7(1)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016;”, and

(f) as if in paragraph (j) “section 8 of the Planning and Development (Housing) and Residential Tenancies Act 2016,” were inserted after “or 226,”.”.

Amendment No. 85 substitutes a new section 18 for the existing section 18 in the Bill which amends section 144 of the Planning and Development Act 2000 which deals with the payment of fees to the board. I am proposing the substitution in order to present as clearly as possible in the Bill a number of amendments and additional elements in section 18. Within the amendment is a new paragraph (a) which corrects an erroneous section reference in the existing text of section 18. The definition of “strategic housing development” is contained in section 3 of the Bill and not section 4 as stated in the Bill, as published. It is, therefore, a technical amendment. Furthermore, the new paragraph (b) inserts a reference to a request for consultation under section 5of the Bill, in contrast to section 144 of the 2000 Act which refers to an application for a pre-application consultation.

I am also providing in the new paragraph (c) that the board can charge a fee for making a determination under the section on whether an environmental impact assessment is required for a particular proposed strategic housing development.

Under section 144 of the 2000 Act, the fee for an EIA screening in respect of a proposed strategic housing development will be determined by the board subject to the approval of the Minister. Similarly, the new paragraph (e) empowers An Bord Pleanála to charge a fee for a scoping request as to what should be contained in a Natura impact statement for AA purposes in respect of a particular proposed strategic housing development, as provided for under section 7(1)(b) of the Bill. Again, under section 144 of the 2000 Act, the fee for an AA scoping request in respect of a proposed strategic housing development will be determined by the board, subject to the Minister's approval. The amendment simply seeks to correct previous language. It is nothing more than that.