Oireachtas Joint and Select Committees

Wednesday, 5 December 2018

Select Committee on Housing, Planning and Local Government

Local Government Bill 2018: Committee Stage

6:00 pm

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

I move amendment No. 111:

In page 26, between lines 1 and 2, to insert the following:
“PART 6

URBAN AREAS
Interpretation

39.(1) In this Part—
“greater urban area” means—
(a) an urban area, and

(b) any part of the administrative area of a local authority designated under section 41by the urban area committee appointed for that urban area;
“urban area” shall be construed in accordance with subsection (2).

(2) (a) For the purposes of this Part, an area that lies within the administrative areas of more than one local authority is an urban area if—
(i) the population thereof, as recorded in the most recent census of population, is not less than 1,500 persons and not greater than 100,000 persons,

(ii) each dwelling situated therein is within 100 metres of another dwelling so situated, and

(iii) the population, as so recorded, of each part of the area consists of not less than—
(I) 15 per cent of the population of the area, or

(II) 1,500 persons,
whichever is lower.
(b) In this subsection “part” means, in relation to an area that is situated in more than one administrative area, that part of each such administrative area that is situated in the area first-mentioned in this definition.”.

These amendments relate to the urban area committees. Amendment No. 111 contains definitions applicable to the new part 6, including "urban area", which is to be construed under the following subsection, and "greater urban area", which means an urban area and any other part of a local authority area that is designated by an urban area committee under the new section 41.

Section 39(2) provides that an area aligned with the administrative area of more than one local authority is an urban area if it has a population of between 1,500 and 100,000, dwellings are spaced no more than 100 m apart and the population applicable to each of the component local authorities amounts to at least 15% of the total or 1,500 persons.

The new section 40 inserted by amendment No. 112 requires the establishment of urban area committees by those local authorities in which the urban area is situated within six months of the commencement of the section. Members are to be appointed by the local authorities involved in the urban area and are to consist of the cathaoirligh of the local authorities concerned; three other ordinary members of each local authority, who will be selected in respect of the local electoral areas where the urban area is located; and between two and four people who are not councillors and who have experience and expertise in areas of transport provision, housing provision, infrastructure development or business and trade, nominated by the cathaoirligh in accordance with guidelines issued by the Minister in subsections (3), (4) and (5). In accordance with subsection (11), the members who are not councillors are non-voting and cannot be the chair. The chairperson of the urban area committee is to be appointed from among the members by the members, unless the members fail to do so within two weeks of their appointment to the committee, in which case the Minister will appoint a chairperson.

The urban area committees are to hold as many meetings as are necessary for their functions, and their local authorities are to set the date and place of the first meeting of the committees. Committee meetings are to be chaired by the chairperson, if present, or else by a member chosen by those present. Questions are to be determined by a majority of the voting members, with the chairperson having a casting vote. The meeting quorum is four voting members.

Subsection (12) provides that the committees may act notwithstanding membership vacancies and subsection (13) provides that they may regulate their procedures, subject to this section. In accordance with subsection (15), administrative support to the committee is to be provided by members of staff selected by the committee from nominations made by the two local authorities in consultation with each other. Subsection (16) requires the assignment of support staff to perform functions on behalf of the committee under its direction and control.

Amendment No. 113 inserts a new section 41. It relates to the designation of the greater urban area and local area planning. Subsection (1) provides that an urban area committee may designate any part of a local authority administrative area that adjoins the urban area for the purpose of this section, dealing with its functions. Subsection (2) provides that if the committee has not made such a designation within three months of its appointment the Minister may make the designation by order. Subsection (3) provides that the functions of the planning authority under chapter II of part II of the Planning and Development Act 2000, which concerns local area planning, are to be performed by the urban area committee in relation to an urban area, and subsection (4) provides similarly in relation to a greater urban area.

The main function of the urban area committee will be the production of the local area plan for the cross-boundary urban area and its contiguous areas as designated by the committee, including the appropriate zoning as an explicit function. In the case of these towns and cities, the current position whereby the local area plan is required to be consistent with the local authority's development plan will be reversed, and the development plan content for both local authorities will have to follow on from, and be consistent with, a local area plan made for the cross-boundary area.

It will not be possible for either local authority to amend or revoke the local area plan approved by the committee. Transferring responsibility for local area planning to the urban area committees in this way necessitated a number of provisions to adapt how the local area planning provisions within the Planning and Development Acts are to operate in respect of the committees.Paragraphs (a) to (e) in subsection (3) accordingly amend or adapt how sections 18 to 20 of the 2000 Act apply to urban area committees performing local area planning functions for the urban area. Subsection (4) applies many of the subsection (3) modifications to the performance of local area planning functions for the greater urban area and also adds a number of additional adaptations in that subsection's paragraphs (a) to (e).

Subsection (5) disapplies section 131A(1) of the Local Government Act, 2001, which relates to the performance of reserved functions in respect of municipal district members and part 2 of the associated Schedule 14A includes local area planning functions from the urban area committee functions prescribed in this section.

The final section in this part - the new section 42 – is an amendment of section 10 of the Planning and Development Act 2000, proposed to be inserted by amendment No. 114. It amends section 10 of the Planning and Development Act 2000, to add a new subsection (11) providing that a provision in a development plan that is inconsistent with a local area plan made by an urban area committee under this Act shall not have effect in relation to the urban or greater urban area concerned.

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