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

I thank the Cathaoirleach for affording me the opportunity to present to the committee these two sets of proposed planning regulations, namely, the Planning and Development (Section 181) Regulations 2023 and Planning and Development Act 2000 (Exempted Development) (No. Y) Regulations 2023.

The Planning and Development (Section 181) Regulations 2023 will provide for a temporary exemption from planning for a temporary weather radar station while the Shannon radar is turned off from mid-May, when it is being replaced. Section 181(1)(a) of the Planning and Development Act 2000, as amended, provides for the making of regulations for "classes of development by or on behalf of a State authority where the development is, in the opinion of the Minister, in connection with or for the purposes of public safety". The collection of accurate weather data is a necessity for the efficient and safe operation of society. The more accurate the data collected, the better informed the public is through more detailed weather warnings, better emergency planning and advice for flood management. The provision of weather radar data is vital for the tracking of storm events and the forecasting of predicted rainfall. Accurate information regarding weather radar is essential for safety in the aviation sector, while sectors such as agriculture need accurate weather forecasting for efficient use of resources.

The draft regulations propose that the temporary exemption will expire on 31 December 2023 and is limited to persons by or on behalf of the Minister. The temporary weather radar, if approved, will be installed and operated by Met Éireann on behalf of the Minister.

The draft regulations propose to temporarily exempt temporary weather radar installed by or on behalf of the Minister for Housing, Local Government and Heritage under section 181(1)(a) of the Act. The temporary weather radar will be exempt from the Act except for sections 181 and 181A to 181C, inclusive. This is to ensure the proposed development under these regulations still complies with EU environmental law requirements relating to environmental impact assessment, EIA, and appropriate assessment, AA. Any proposed development under section 181A regulations must be screened for both EIA and AA. The temporary weather radar must be removed by the expiry date of the regulations, 31 December 2023, at the latest. Under the provisions of the Planning and Development Act, I am required to gain Oireachtas approval for any regulations made under section 181A of the Act before I can sign them into law, hence the presentation of these to the committee.

The second request for exempted development concerns the Planning and Development Act 2000 (Exempted Development) (No. Y) Regulations 2023, on small-scale gas infrastructure. These propose to insert a new class 29C into Part 1 of Schedule 2 of the principal regulations, providing an exemption for the erection of certain small-scale gas infrastructure by Gas Networks Ireland, GNI, to facilitate supply of natural gas to the end user.

Class 29C provides that the erection of a gas pressure regulating station or gas vent stack shall be exempted developments subject to the following conditions and limitations: one, the volume above ground level of any gas pressure regulating station and ancillary equipment shall not exceed 9 cu. m measured externally; two, a gas vent stack shall not exceed 3 m in height; and three, gas vent stacks shall not be fitted within a 5 m proximity of residential buildings. Any small-scale gas infrastructure not specifically exempted by this provision will still require planning permission in the normal way. As my colleague, the Minister of State, Deputy Noonan, mentioned, under the Planning and Development Act, both Houses of the Oireachtas are required to approve draft exempted planning regulations by way of positive resolution before they can be made. Consideration of these draft regulations by the committee is part of that approval process.

I commend these two sets of draft regulations to the committee, having regard to the urgent necessity to provide temporary weather radar coverage while the Shannon radar is replaced. The section 181 regulations are aimed at maintaining the recording of essential meteorological data to mitigate risks in the area of aviation and weather forecasting and warnings, including flood management. The approval of the exempted development regulations relating to gas infrastructure will support GNI in planning, resourcing and implementing its programme of works to install new infrastructure and upgrade existing infrastructure, facilitating supply of natural gas to the end user.

If, further to today's presentation to the committee, these draft regulations are approved by positive resolution of both Houses of the Oireachtas as required under the Planning and Development Act, the Planning and Development (Section 181) Regulations 2023 will be signed by me and the Planning and Development Act 2000 (Exempted Development) (No. Y) Regulations 2023 will be signed by the Minister, Deputy O’Brien. If approved by the Oireachtas, it is our intention to sign the regulations into law at the earliest opportunity.