Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I will speak to section 45. As it currently stands, where does the planning regulator stand in all this? Has the Attorney General's advice been sought on section 45, given that it states, "An Bord Pleanála shall approve a scheme, or a proposed road development, that contravenes materially any development plan or any local area plan ... only if it considers that one of the following is the case"? I would have thought it highly unlikely a local authority would put a proposal to An Bord Pleanála that contravenes its own development plan. This is something that will probably come from TII or the Department of Transport. The section goes on to set out that these conditions are that: "the scheme or proposed road development is of strategic, regional or national importance; (b) there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the scheme or proposed road development is concerned; (c) the scheme or proposed road development should be approved having regard to the transport strategy...; (d) the scheme or proposed road development should be approved having regard to the pattern of development, and planning permissions granted, in the area since the making of the development plan." What is the purpose behind this section?