Shane Ross (Dublin Rathdown, Independent) | Oireachtas source

I move amendment No. 135:

In page 38, to delete lines 1 to 27 and substitute the following:

“Supplementary provisions relating to decisions on applications referred to in section 34B(1) or 34C(1)

37S. (1) (a) This section applies in addition to section 37 in the case of an appeal under section 37 against a decision of the planning authority under section 34 where—

(i) pursuant to section 34B(1)(a), the competent authority concludes that it is not of the opinion referred to in section 34B(1)(a)(iii), or

(ii) pursuant to section 34B(5) or 34C(5), that decision is to refuse the application concerned.

(b) The competent authority shall be a party to the appeal notwithstanding section 34B(5)(d) or 34C(5)(d).

(2) Without prejudice to the generality of the Board’s powers under section 37, or under section 37 as read with any other provision of this Act, the Board shall, in determining the appeal—

(a) where subsection (1)(a)(i) applies, take into account such of the provisions of section 34B following subsection (1) of such section 34B, and of section 25(b) (with all necessary modifications) of the

Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal,

(b) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34B(5), take account of such of the provisions of section 34B following subsection (5) of such section 34B, and of section 25(b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal, or

(c) where the refusal referred to in subsection (1)(a)(ii) arises from the operation of section 34C(5), take account of such of the provisions of section 34C following subsection (5) of such section 34C, and of section 25(b) (with all necessary modifications) of the Aircraft Noise (Dublin Airport) Regulation Act 2019, as are, in the Board’s opinion, relevant to the appeal.

(3) Subsections (1) to (3) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to—

(a) the Board’s consideration of the appeal in so far as such consideration relates to—

(i) a conclusion referred to in subsection (1)(a)(i), or

(ii) a refusal referred to in subsection (1)(a)(ii), and

(b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a), as if any reference to the competent authority in those subsections (1) to (3) of that section 9 were a reference to the Board.

(4) Subsections (4) to (7) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to measures and restrictions forming part of the Board’s consideration of the appeal as those subsections apply to measures and restrictions referred to in those subsections.

(5) Subsection (12) of section 9 of the Aircraft Noise (Dublin Airport) Regulation Act 2019 shall, with all necessary modifications, apply to—

(a) the Board and the decision it is minded to make on the appeal in so far as such decision relates to—

(i) a conclusion referred to in subsection (1)(a)(i), or

(ii) a refusal referred to in subsection (1)(a)(ii), and

(b) the Board’s determination of the appeal in so far as it so relates as referred to in paragraph (a), as if any reference to the competent authority in such subsection (12) were a reference to the Board and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Board is minded to make on such appeal.”.”.

The Bill, as it stands, sets out the process to be followed by An Bord Pleanála in considering an appeal in respect of a planning decision where a development has been refused by the planning authority on the advice of the noise regulator due to insufficient information regarding noise impact. This amendment provides for a second scenario which strengthens the hand of An Bord Pleanála. I am advised that it stems from a suggestion from Deputy Darragh O'Brien in discussions with my officials and I wish to acknowledge his contribution on this. With this amendment, steps are set out for circumstances where the noise regulator decides, in the context of section 11, that a development proposal does not require a noise assessment. In such a scenario, the noise regulator informs the planning authority that a development does not have a noise impact that would warrant assessment under Regulation 598/14. The planning authority then moves through the planning process and makes a planning decision. Where the planning decision is subsequently appealed, this amendment provides for the board, in considering the appeal, to have the power to undertake the balanced approach process itself where it believes there will be a significant impact to the noise climate around the airport, contrary to the views of the noise regulator. The board will have all of the normal powers of the noise regulator in these circumstances.