Oireachtas Joint and Select Committees

Thursday, 9 September 2021

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Discussion (Resumed)

Mr. Kevin Kelly:

In terms of pre-planning meetings, currently there is no fee at local authority level but there is a fee at An Bord Pleanála level, so there is a fee in respect of strategic housing developments. What we are simply saying is that if there is a fee at the level of An Bord Pleanála, that should now be replicated at local authority level to ensure that that structure is resourced.

There has not been any discussion, to my knowledge, with the Department in respect of the proposal. Basically, there is a pre-application fee at board level and a fee structure for strategic housing developments. We simply suggest that those should be continued in a local authority context, once the decision-making moves back to local authorities.

On the role of elected members, and having worked in several local authorities, I am acutely conscious of the role of democracy and the involvement of members. What we have to be clear about is that in a scenario where we move back to the traditional planning system, that will bring with it a change. The SHDs followed from the methodology that was set out in the strategic infrastructure development Act and the role of the elected members. I think that once we move back to a scenario where the planning authority becomes the decision maker, then the involvement of the members in that decision-making process will be different. We have the reserve executive function framework in place. It is quite clear from that issue being raised by members across local authority chambers and from the responses from the Department and the Minister that the Minister is certainly of the view that it would be inappropriate for a role to be played by the elected members in planning applications that are going to be determined by the planning authority, other than the normal representational role and their opportunity to make submissions.

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