Oireachtas Joint and Select Committees

Tuesday, 18 January 2022

Joint Oireachtas Committee on Climate Action

Carbon Budgets: Discussion (Resumed)

Ms Alma Walsh:

I might deal with the policy in regard to the local authorities in the first instance. Statutory land use plans prepared by a local authority are not prepared in a vacuum. There is a hierarchy of policy from the national planning frameworks through to the regional spatial and economic strategies that inform each of our county and city development plans. Then there is a wider policy influence and consistency that is sought through the legislation. In other words, policies included within development plans and local area plans are required to be consistent with national policy and objectives, so there is already a decided or a settled policy piece at a national and regional level ahead of a development plan review being undertaken. Separate to that, as part of the process there is an opportunity for Departments and other agencies to engage with a plan-making review process. Many of our Departments are designated as prescribed bodies as part of that and would therefore be notified at pre-draft, draft and material amendment stage of any plan process. The opportunity is there to input and provide observations and submissions on policies as they are developed by the local authority. There is a good level of engagement and an established process where these issues do not necessarily always come to the end of the process on adoption of the plan.

The second point is that on completion of a plan review, the Office of the Planning Regulator has the role of evaluating and assessing that particular development plan and has the duty and the power to make a recommendation to the Minister to issue a section 31 direction. There are structures in place that track and follow policies and objectives included in development plans to ensure that they are consistent. That is well established, but ultimately it is the elected Members who make the decision in a council chamber in regard to the plan, as they are entitled to do and for which the legislation allows. Where the process kicks in after that is the role of the Office of the Planning Regulator.

In regard to the question on An Bord Pleanála as the appeals board in the planning system, it is obliged to have regard to the policies, guidelines and objectives set out at a national and regional level, and also the development plan that is in force. Its point of reference in examining any planning appeal that comes before it will be the established and agreed policy that is already in force, and to track that and ensure it is implemented at development application stage.

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