Oireachtas Joint and Select Committees

Thursday, 9 March 2023

Joint Oireachtas Committee on Housing, Planning and Local Government

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

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

Similar to the Cathaoirleach, I am conscious of time. I will wrap up. I thank the officials for coming in. It has been a meaningful engagement.

Will Mr. Hogan give greater clarity on the addition to the record of protected structures? We have 31 planning authorities doing different things. Some local authorities have been told they cannot add any buildings to the record of protected structures during the life of a plan. We have had this in Dún Laoghaire, with a lot of ongoing correspondence from me and the Department on the matter. Terry Sheridan would be fully aware of the issues around that.

We need clarity on the reserved functions of elected members to add buildings to the record of protected structures during the life of a development.

The issue of the role of the Oireachtas in this Bill is really important, and I note that Mr. Hogan has said that the Department will look at that. I think Deputy Ó Broin has made a strong case.

Some have concerns about the prescribed bodies and what the Department might be doing on that. What I am hearing is that the Department is considering the matter, but I want to deal in facts and facts alone. It would be very helpful were the Department to provide us with a briefing note on that sooner rather than later. It is a stand-alone issue that we can pursue in the short term, but we need to know is being envisaged, planned or suggested in relation to changing the prescribed status of those groups in any way.

The Department should examine the possibility of having a chief planner and there is a strong case for it. There are currently statutory chief architects in most counties but there is a strong case for having a chief planner with the expertise and the skills to guide and steer the planning processes. There is a model in existence in Scotland. Perhaps the Department can look at that.

We should look at the environmental NGOs and the request for registration. The Law Society of Ireland and the Bar Council of Ireland have both suggested that there is a strong case for that. Perhaps the Department can look at their submissions. The Department has committed to undertaking a review of the standing rights and clarifying that issue. It is really clarity that we are looking for. Sufficient interest and clarity in relation to that would be appreciated.

Finally, I want to finish on the issue of the Aarhus Convention Compliance Committee. I am aware of some of the cases that have been taken and there is an opportunity for learning there. Let us not be resistant to learning from case law. We should identify the problems, the issues and outcomes of those cases. We must address them if we are going to address this planning and development Bill comprehensively. I accept, as Mr. Hogan has said, that it is a matter for another Department, but the Government is in a tripartite coalition. The Departments interact with one another and do not operate in isolation. In the meantime, I commit to pursuing the issue and sharing some of the information I have with the Department. I ask the Department to engage with us on that and let us know about the Aarhus Convention Compliance Committee's work. I know there are ongoing cases. We need to look at the cases taken and learn from the case law. We must weave that in through the policy.

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