Oireachtas Joint and Select Committees

Tuesday, 5 October 2021

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021

Photo of Steven MatthewsSteven Matthews (Wicklow, Green Party) | Oireachtas source

I will continue on the topic of the pre-legislative scrutiny report we completed today on the large-scale residential development Bill. That report highlights the need for adequate resources at local authority level in the consent process, but also with forward planning and enforcement. Those are the three important parts of the planning system at local authority level. I thank Deputy O'Donoghue. The next speaking slot is for the Green Party, so I will take it.

Deputy Ó Broin asked about the consultation and who was involved in it. I would consider this to be part of the consultation process for elected representatives nationally, allowing them to have an input and make recommendations. We will be making recommendations in a report on foot of this session on the general scheme. It is important to consider that. There was a suggestion that we might waive pre-legislative scrutiny but I am happy for us to take it on and carry out this consultation process. It is helpful for us, too.

I read the heads of the Bill, the explanatory note and the opening statement very carefully because I am alert to deficiencies in environmental assessments within our planning system over the years and the catastrophic impact they can have on our environment, biodiversity, water quality, air quality and other natural resources. This Bill raised no immediate alarm bells with me. It raised a few slight alerts but I am conscious that in no way are we lowering the bar for getting substitute consent. We are pulling two clunky procedures together into a more efficient procedure. We are pulling the leave to apply stage and the substantial stage together. I have a concern about the notification to third parties or members of the public who may be concerned. They might have a shorter timeframe to become aware that a substitute consent case has been taken in order to participate in the process. If somebody is seeking leave to apply, a member of the public will become aware of it and that would be his or her tip-off that a substitute consent process is developing. He or she will then get the result and hear whether the project gets permission to proceed to the second stage and there is public participation in one of those phases, although I cannot remember which. We rectified the situation last December. In regulations and whatever else might come with this legislation, can we ensure that the notice to the public to participate in this process might be of a longer period? Is it five weeks presently?

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