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

This amendment relates to section 28 of the Planning and Development Act 2000. Section 28 provides that planning authorities shall have regard to guidelines issued by the Minister in the performance of their planning functions, that is, in the determination of planning applications and in the adoption of development plans, etc. Section 28 was amended in 2015 by the insertion of a new subsection (1C) which elaborated on the original provisions by introducing a new power whereby the Minister may, within section 28 guidelines, expressly state specific planning policy requirements to be applied by planning authorities, or the board, as appropriate, in the exercise of their functions.

However section 28 was amended in 2015 by the insertion of a new subsection (1C) which elaborated on the original provisions by introducing a new power whereby the Minister may, within section 28 guidelines, expressly state specific planning policy requirements to be applied by planning authorities, or by An Bord Pleanála, as appropriate, in the exercise of their functions. This provision enables, in terms of the content of guidelines, to distinguish between advisory or general commentary, on the one hand, and specific requirements that have to be mandatorily applied by planning authorities in the performance of their planning functions.

This provision was critical in underpinning the revisions to the 2007 apartment standard guidelines which issued in early 2016 and contains specific new requirements that must be applied by planning authorities in respect of minimum apartment sizes, the number of lifts per number of apartments, car parking provision, floor to ceiling heights and the provision of dual aspect apartments, etc., and ensure their consistent application. These new revised apartment standard guidelines represented a change in national planning policy which must now be implemented by planning authorities in the determination of planning applications and the adoption of development plans.

The inclusion of the relatively new subsection (1C) in section 28 of the 2000 Act enables future revisions to existing planning guidelines, or new planning guidelines, to be expressed and applied in a clearer manner and will improve consistency and certainty in the planning process generally by distinguishing, in policy terms, between matters to be determined locally by planning authorities and by national policy set by the Minister of the day.Amendment No. 132 proposes to remove the provision relating to the incorporation of specific planning policy requirements in ministerial planning guidelines as introduced in 2015 and therefore, I cannot accept it.

That is a long answer to a short question.