John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I move amendment No. 77:

In page 22, between lines 13 and 14, to insert the following:

“Development plans, etc. relating to relevant area

24.(1) The development plan in force immediately before the transfer day in respect of the functional area of the county council shall, on and after that day, continue to apply in respect of the relevant area until the next making of a development plan by the city council in respect of the functional area of the city council in accordance with section 9 of the Act of 2000. (2) Subject to paragraph (b) of subsection (4) of section 18 of the Act of 2000, any local area plan in force immediately before the transfer day in respect of an area within the relevant area shall, on and after that day, continue to apply to the first-mentioned area until the next making of a local area plan by the city council in respect of the first- mentioned area in accordance with the said section 18.

(3) The Cork County Council Local Economic and Community Plan in force immediately before the transfer day in respect of the functional area of the county council shall, on and after that day, continue to apply in respect of the relevant area until the next making of a local economic and community plan by the city council in respect of the functional area of the city council in accordance with section 66B of the Principal Act.

(4) For the avoidance of doubt, the city council may—

(a) in accordance with section 13 of the Act of 2000, make a variation of the development plan first-mentioned in subsection (1)in so far only as that plan applies to the relevant area,

(b) in accordance with subsection (5)of section 18 of the Act of 2000, amend or revoke a local area plan first-mentioned in subsection (2)in so far only as that plan applies to the relevant area, and

(c) perform functions under section 66F or 66G in relation to the Cork County Council Local Economic and Community Plan referred to in subsection (3)in so far only as that plan applies to the relevant area.

(5) In this section—

“development plan” has the meaning assigned to it by the Act of 2000;

“local area plan” has the meaning assigned to it by the Act of 2000.”.

The amendments relate to development plans and local area plans. Amendment No. 77 provides for the replacement of section 24 with a new section, now to be headed "Development plans, etc. relating to the relevant area", which is a restatement of the published section 24 but expanded to include the local economic community plans, LECPs, as mentioned on Second Stage by a number of speakers. Subsection (1) provides that the Cork County Council development plan applicable to the relevant area before transfer day will remain in force in that area until Cork City Council makes a new development plan after transfer day. Subsection (2) provides that any local area plan in force before transfer day, in respect of an area within the relevant area, will continue to apply until Cork City Council next makes a local area plan for that area. Subsection (3) provides that the Cork County Council LECP enforced before transfer day will continue to apply for the relevant area until Cork City Council next makes its own LECP. Subsection (4) is an avoidance of doubt provision which clarifies that Cork City Council may vary the development plan or amend or revoke the local area plan that continued to be in operation under the previous subsections but only insofar as the plan applies to the relevant area. The city council may also perform functions such as monitoring and reviewing economic elements of the Cork county LECP and reporting on that assessment but only insofar as the plan applies to the relevant area. Subsection (5) defines the development plan and local area plan as having the meanings assigned in the Planning and Development Act 2000.

Amendment No. 78 will delete the words "permission granted or" from section 25(1) to clarify that the subsection is intended only to provide for a continuing role by the county council in processing planning applications made before transfer day to the point where a decision is made to grant or refuse the application.

Amendment No. 79 deletes the published subsection (2)(a) and replaces it with a new subsection (2)(a) to clarify that after transfer day, the city council will become the planning authority for planning applications decided or appeals to An Bord Pleanála determined before transfer day, apart from cases where enforcement proceedings had been commenced by the county council.

Amendment No. 81 amends subsection (2)(b) by inserting a requirement for the county council to consult the city council when finishing enforcement proceeding cases that had commenced before transfer day.

Amendment No. 82 replaces subsection (3) with a new subsection (3) that removes the reference to contributions paid under section 48 of the Planning and Development Act 2000 from the provision. This change is proposed because of information received from the county council to the effect that isolation of contributions in respect of public infrastructure and facilities benefiting development in the area of the planning authority as a whole which are paid and not yet expended in the case of developments in the relevant area would not be possible. The provision deals only with section 49 contributions that will vest in the city council, that is, earmarked contributions for specific projects, and that will continue to require to be expended on public infrastructure services and projects in the relevant area.

The final amendment to section 25, amendment No. 83, adds "development" to the terms defined as having the meaning assigned by the Planning and Development Act 2000 in subsection (5).

Amendment No. 100 proposes to insert a new section, after section 30, dealing with the making and review of development plans by Cork local authorities, the purpose of which is to enable the Minister to extend by order the statutory time limits applicable to the development planning process. The new section amends sections 9 and 11 of the Planning and Development Act 2000 to enable the Minister, by order, to add an additional period of not more than one year to the normal six-year period within which Cork City Council and Cork County Council must make a development plan, and to provide similarly in regard to the four-year period applicable to the giving of notice of an intention to review the development plan.

The new section 32 proposed by Opposition amendment No. 103, involving the amendment of section 13 of the Planning and Development (Amendment) Act 2018, is, I imagine, for the same purpose as Government amendment No. 100, which I have just discussed. If so, I hope Deputies will take that into consideration when considering their amendment No. 103.