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

I move amendment No. 113:

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

“ Functions of urban area committees

41. (1) For the purposes of this section, an urban area committee may designate any part or parts adjoining the urban area concerned of an administrative area of a local authority in which part of the urban area is situated.

(2) If an urban area committee fails to make a designation under this section within 3 months from their appointment, the Minister may, by order, make such a designation.

(3) The functions of a planning authority under Chapter II of Part II of the Act of 2000 shall be performable in relation to an urban area by the urban area committee appointed in respect of that urban area, and accordingly the said Chapter II shall apply to an urban area subject to the following modifications: (a) the insertion of the following section:

“Definitions

17A.In this Chapter ‘urban area’ and ‘urban area committee’ have the same meanings as they have in Part 5of the Local Government Act 2018.”,

(b) the substitution of “chief executives of the local authorities within whose administrative areas the urban area concerned is situated” for “manager” in each place that it occurs,

(c) in section 18, by —

(i) the substitution, of the following subsections for subsection (1):

“(1) An urban area committee may, at any time, prepare a local area plan for the urban area in respect of which the urban area committee was appointed.

(1A) A local area plan in force in respect of an urban area immediately before the appointment of the urban area committee for that urban area shall, upon and after such appointment, continue to have effect in relation to that urban area until the making by that urban area committee of a local area plan under subsection (1) (as modified by subsection (3)or (4)of section 41of the Local Government Act 2018) or the amendment or revocation by that urban area committee of the first-mentioned local area plan under subsection (5) (as so modified).”,

(ii) the deletion of subsection (2) and paragraph (b) of subsection (4),

(iii) the substitution of the following subsection for subsection (5):

“(5) An urban area committee may at any time amend or revoke —

(a) a local area plan prepared by them, or

(b) a local area plan prepared by a planning authority in so far as it applies to the urban area in respect of which that urban area committee was appointed.”,

and

(iv) the substitution, in subsection (6), of “urban area committee” for “planning authority”,

(d) in section 19, by —

(i) the deletion of paragraphs (a), (b) and (bb) of subsection (1),

(ii) the substitution, in paragraph (c) of subsection (1), of “urban area committee” for “planning authority”,

(iii) the substitution, in paragraph (d) of subsection (1), of “an urban area committee may, as they consider appropriate, decide to defer the sending of a notice under section 20(3)(a)(i)” for “a planning authority may, as they consider appropriate, by resolution defer the sending of a notice under section 20(3)(a)(i)”,

(iv) the substitution of the following paragraph for paragraph (e) of subsection (1) —

“(e) An urban area committee shall not make a decision under paragraph (d) until they have —

(i) notified the chief executives of the local authorities within whose administrative areas the urban area for which that committee was appointed is situated of the proposed decision and the reasons therefor, and

(ii) sought and obtained from those chief executives —

(I) an opinion that the objectives of the local area plan have not been substantially secured, and

(II) confirmation —

(A) that the sending and publishing of the notices may be deferred, and

(B) of the period for which they may be deferred.”,

(v) the substitution of the following paragraph for paragraph (f) of subsection (1) —

“(f) Notification of a decision under paragraph (d) shall be published by the urban area committee in a newspaper circulating in the urban area concerned not later than 2 weeks after the decision is made, and notice of the decision shall be made available —

(i) for inspection at the offices of the local authorities within whose administrative areas the urban area is situated by members of the public during office hours, and

(ii) by publishing the notice on the internet website of the urban area committee and the internet websites of those local authorities.”,

(vi) the substitution, in subsection (2), of “A local area plan shall be consistent with any regional spatial and economic strategy that applies to the area of the plan and shall consist of a written statement which shall include” for “A local area plan shall be consistent with the objectives of the development plan, its core strategy, and any regional spatial and economic strategy that apply to the area of the plan and shall consist of a written statement and a plan or plans which may include”,

(vii) the substitution, in subsection (2), of “urban area committee” for “planning authority”,

(viii) the substitution, in subsection (2A), of “urban area committee” for “planning authority”,

(ix) the deletion of subsection (2B), and (x) the substitution, in subsection (3), of “urban area committee” for “planning authority”, and

(e) in section 20, by —

(i) the substitution of “urban area committee” for “planning authority” in each place that it occurs,

(ii) the substitution of “urban area committee” for “members of the planning authority” in each place that it occurs,

(iii) the substitution of “urban area committee” for “members of a planning authority” in each place that it occurs,

(iv) the substitution of “report of the chief executives of the local authorities within whose administrative areas the urban area concerned is situated” for “manager’s report” in each place that it occurs,

(v) the substitution, in subparagraph (i) of paragraph (c) of subsection (3), of “chief executives of the local authorities within whose administrative areas the urban area concerned is situated” for “manager of a planning authority”,

(vi) the substitution of the following subparagraph for subparagraph (ia) of paragraph (c) of subsection (3):

“(ia) The report of the chief executives of the local authorities within whose administrative areas the urban area concerned is situated shall be published by those local authorities on their internet websites as soon as practicable after the report is submitted to the urban area committee concerned under subparagraph (i)”,

(vii) the substitution, in clause (III) of subparagraph (ii) of paragraph (c) of subsection (3), of “their” for “his or her”,

(viii) the substitution, in subparagraph (i) of paragraph (d) of subsection (3), of “urban area committee concerned” for “members of a planning authority”,

(ix) the substitution, in subparagraph (ii) of paragraph (d) of subsection (3) of —

(I) “their” for “his or her”, and

(II) “the urban area committee, unless the urban area committee” for “all the members of the authority, unless the planning authority, by resolution”,

(x) the substitution, in paragraph (e) of subsection (3), of —

(I) “urban area committee” for “members of the authority”,

(II) “making of a decision” for “passing of a resolution”, and

(III) “urban area committee consider” for “authority considers”,

(xi) the substitution, in paragraph (g) of subsection (3), of —

(I) “they consider” for “he or she considers”, and

(II) “making of a decision” for “passing of a resolution”,

(xii) the substitution, in paragraph (ja) of subsection (3), of —

(I) the following subparagraph for subparagraph (i):

“(i) Written submissions and observations received by an urban area committee under this subsection shall, subject to subparagraph (ii), be published on the internet website of that committee not later than 10 days working from their receipt by the committee,”,

(II) “urban area committee” for “local authority” in clause (III) of subparagraph (ii),

(xiii) the substitution of the following paragraph for paragraph (ka):

“(ka) The report of the chief executives of the local authorities within whose administrative areas the urban area concerned is situated shall be published by those local authorities on their internet websites as soon as practicable after the report is submitted to the urban area committee concerned under paragraph (k).”,

(xiv) the substitution, in subparagraph (iii) of paragraph (l) of subsection (3), of —

(I) “their” for “his or her”, and

(II) “they consider” for “he or she considers”,

(xv) the substitution, in paragraph (m) of subsection (3), of “urban area committee” for “members of the authority”,

(xvi) in paragraph (n) of subsection (3), by —

(I) the deletion, of “by resolution”, and

(II) the substitution of “the urban area committee” for “all the members of the authority”,

(xvii) the deletion, in paragraph (o) of subsection (3), of —

(I) “by resolution”, and

(II) subparagraph (i),

(xviii) the deletion of paragraph (p) of subsection (3), and

(xix) the deletion of paragraph (a) of subsection (5) (inserted by section 17 of the Planning and Development (Amendment) Act 2018).

(4) The functions of a planning authority under Chapter II of Part II of the Planning and Development Act 2000 shall be performable in relation to a greater urban area by the urban area committee appointed in respect of the urban area that forms part of that greater urban area, and accordingly the said Chapter II shall apply to a greater urban area subject to the modifications specified in subparagraphs (ii), (iii) and (iv) of paragraph (c), subparagraphs (i), (ii), (iii), (iv), (vi), (vii), (viii), (ix) and (x) of paragraph (d) and subparagraphs (i), (ii), (iii), (vii), (viii), (ix), (x), (xi), (xii), (xiv), (xv), (xvi), (xvii), (xviii) and (xix) of paragraph (e), of subsection (3), and the following modifications: (a) the insertion of the following section:

“Definitions

17A.In this Chapter ‘greater urban area’ and ‘urban area committee’ have the same meanings as they have in Part 6of the Local Government Act 2018.”,

(b) the substitution of “chief executives of the local authorities within whose administrative areas the greater urban area concerned is situated” for “manager” in each place that it occurs,

(c) in section 18, by the substitution of the following subsection for subsection (1):

“(1) An urban area committee may, at any time, prepare a local area plan for the greater urban area within which is situated the urban area in respect of which the urban area committee was appointed.

(1A) A local area plan in force in respect of a greater urban area immediately before the appointment of the urban area committee for the urban area that forms part of that greater urban area shall, upon and after such appointment, continue to have effect in respect of that greater urban area until the making by that urban area committee of a local area plan under subsection (1) (as modified by subsection (3)or (4)of section 41of the Local Government Act 2018) or the amendment or revocation by that urban area committee of the first- mentioned local area plan under subsection (5) (as so modified).”,

(d) in section 19, by the substitution of the following paragraph for paragraph (f) of subsection (1):

“(f) Notification of a decision under paragraph (d) shall be published by the urban area committee in a newspaper circulating in the greater urban area concerned not later than 2 weeks after the decision is made and notice of the decision shall be made available —

(i) for inspection at the offices of the local authorities within whose administrative areas the greater urban area is situated by members of the public during office hours, and

(ii) by publishing the notice on the internet website of the urban area committee and the internet websites of those local authorities.”,

and

(e) in section 20, by —

(i) the substitution of “chief executives of the local authorities within whose administrative areas the greater urban area concerned is situated” for “manager” in each place that it occurs,

(ii) the substitution of “report of the chief executives of the local authorities within whose administrative areas the greater urban area concerned is situated” for “manager’s report” in each place that it occurs,

(iii) the substitution, in subparagraph (i) of paragraph (c) of subsection (3), of “chief executives of the local authorities within whose administrative areas the greater urban area concerned is situated” for “manager of a planning authority”,

(iv) the substitution of the following subparagraph for subparagraph (ia) of paragraph (c) of subsection (3):

“(ia) The report of the chief executives of the local authorities within whose administrative areas the greater urban area concerned is situated shall be published by those local authorities on their internet websites as soon as practicable after the report is submitted to the urban area committee concerned under subparagraph (i)”, and

(v) the substitution of the following paragraph for paragraph (ka) of subsection (3):

“(ka) The report of the chief executives of the local authorities within whose administrative areas the greater urban area concerned is situated shall be published by those local authorities on their internet websites as soon as practicable after the report is submitted to the urban area committee concerned under paragraph (k).”.

(5) Subsection (1) of section 131A of the Principal Act shall not apply to a function performable by an urban area committee in accordance with this section. ”.