Oireachtas Joint and Select Committees

Tuesday, 14 February 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

My next question is for Mr. Spain, with his planner's hat on. I want to get into the meat of the Bill. I am interested in the question that he raised at the end of his last answer about how the overall rules of the system are live and development plans, strategic development zones and other plans keep pace.

Section 22 of the Bill concerns the planning statements, which are going to be a key part of the system. Section 28 is on transitional arrangements - we do not know the details yet - for all of the existing specific planning policy requirements, SPPRs. Section 62 is on the expedited amendments to the development plans. Section 120 is on material contravention of the board on the basis of breaches of national planning statements. We have not talked about SDZs because they are not in the Bill in terms of this. Is Mr. Spain concerned that if the Bill is not crafted right, there is a possibility of a whole series of legal battles when conflicts emerge, for example, between the new national planning policy statement and an existing development plan or SDZ? Is he concerned that the cluster of sections in Part 3 could shift the focus from what has been litigation around a decision by the board, for example, on a SHD, toward battles? For example, Dublin City Council has been twice in conflict with the board over plans and judicial reviews of them. Is there a concern about the drafting of this and how it would work in real life?

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