Oireachtas Joint and Select Committees

Thursday, 9 February 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

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

Mr. Niall Cussen:

That is obviously a policy matter for the Department and the drafting team and so on but, generally speaking, we have no difficulty with being very open and transparent. Everything we do is published and put on our website, so that is the basic approach we adopt in our day-to-day operations.

To respond to the Deputy's point about the coherence of plans, one area of the Bill where there is a very useful reform, when we compare it with what we had previously, is the whole business around "having regard to" and what that means, as well as the different interpretation of that. The courts have now made important decisions in that regard. That phrasing has created many practical difficulties in the day-to-day operation of the planning system. We see that and my colleague Ms O’Connor may come in on this point. There is a much more carefully choreographed and co-ordinated approach in the Bill and we have a very important oversight role in relation to that. To some extent when the OPR finalises its assessment of a development plan, and effectively deems that plan to be broadly compliant, obviously the scope of the board to materially contravene development plans is somewhat delimited, apart from in particular unique or very significant situations. There is an awful lot in this Bill to ensure there is a better layering and integration of the different plans. In relation to the building height issue referred to by the Deputy, we have navigated that area quite successfully in relation to the Dublin City development plan and the application of the building height guidelines and the consideration of all the specific planning policy requirements and so on.

It is extremely hard for national plans and strategies to have a laser-like view of exactly what should happen in every part of the country. They need to be appropriately applied and reflected, taking account of the particular circumstances and characteristics of different parts of the country. That is our role in relation to seeing how that works through engagement with the local authority, both in this Bill right at the very beginning of the development plan review process and throughout the process. Obviously if there are very significant breaches and manifest inconsistencies between those plans and the clearly enunciated national planning framework, policy and guidance, we have a safeguard role to step in. I believe all of that will create a much clearer set of interlocking policies and plans as a result. That then creates a clearer run for the public to know where they stand vis-à-viswhat is happening in their areas and the important adjudicating roles of the planning authorities and board in determining particular planning applications in that context.

Ms O'Connor may wish to add something on that.

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