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

I thank the Cathaoirleach and members for affording me the opportunity to present to the committee these three sets of proposed draft planning regulations. The three sets of draft regulations consist of Planning and Development (Exempted Development) (No. 4) Regulations 2023; Planning and Development (Fees for Certain Applications) Regulations 2023; and Planning and Development (Amendment) (No. XX) Regulations 2023. The first two I am taking on behalf of the Minister, Deputy Darragh O'Brien. The final one I am bringing forward myself.

Section 4(2) of the Planning and Development Act 2000 provides that the Minister may make regulations to provide for classes of developments to be exempted from requirements to obtain planning permission.

Section 4(2) of the Planning and Development Act 2000 provides that: “The Minister may by regulations provide for any class of development to be exempted" from requirements to obtain planning permission. Section 246(1) provides the Minister with the power to set local planning authority fees for planning applications while section 176 sets out the Minister's powers to draft regulations to give effect to the environmental impact assessment directive. Section 262 requires that such draft regulations made under sections 42, 176 and 246(1) must be laid before both Houses of the Oireachtas and receive a resolution approving the draft from both Houses before the regulations can be made. The consideration of the draft regulations by the committee today is part of that approval process.

Taking those matters in order, we will deal with the SI 250 of 2023, Planning and Development Act (Exempted Development) Regulations 2023. The first set of regulations are being sent for consideration by the committee today. The Planning and Development Act (Exempted Development) Regulations 2023 propose to amend Part 1 of Schedule 2 entitled “Exempted Development — General”, to the Planning and Development Regulations 2001, the principal regulations, by revising class 20F with respect to temporary change of use by or on behalf of the Minister for Children, Equality Disability, Integration and Youth of the structures listed to accommodate and support the persons seeking international protection. The draft regulations propose to extend the time period of the exempted period previously provided under SI 605 of 2022 from 31 December 2024 to 31 December 2028. This is to allow the Department of Children, Equality, Disability, Integration and Youth greater flexibility in agreeing leases with potential accommodation providers, many of whom have been seeking longer leases to justify undertaking necessary upgrading and refurbishing works on premises to meet the accommodation needs of international protection applicants.

Furthermore, to provide greater flexibility to that Department in how they use the accommodation it sources, the proposed regulations extend the scope of the exemption previously provided under SI 605 of 2022 to also include persons displaced by the Russian invasion of Ukraine. It is important to note that there is no change to the structures listed from that which was provided under the previous regulation in this regard. The proposed planning exemption provision is a temporary measure which, it is indicated, will now expire on 31 December 2028, with the use of the relevant building and structures for this purpose ceasing to apply on the expiry of the regulation. It should be noted that neither the granting of planning permission or the provision of an exemption from the requirement to obtain planning permission reviews the requirement to comply with any other statutory code, particularly with regard to building controls and regulations. The aim of the building control regulations is to provide for the safety and welfare of people in and about buildings. It is important to note in the context of these exempted development provisions, that compliance with Building Regulations, 1997 to 2021, including building control and fire safety standards, must be achieved under normal building control procedures and will still apply before any such building can be occupied.

The Planning and Development Act (Fees for Certain Applications) Regulations 2023 are the second set of regulations for consideration. They concern the introduction of new planning fees to be applied in respect of the provision of an opinion or notification under section 32I of the Act with regard to flexibility in respect of certain details of a proposed development to be submitted as part of a planning application. These provisions were introduced in July 2022 by the Planning and Development, Maritime and Valuation (Amendment) Act 2022 but have yet to be commenced, pending the approval of these proposed fees regulations and the finalisation of further supporting regulations.The draft fees regulations propose to amend section 2 of Schedule 9 of the principal regulations to provide a fee of €2,500 for the pre-application consultation process for proposed projects availing of the new flexibility provisions, including the conducting of a pre-application consultation meeting and the provision of an opinion or notification by the planning authority further to the pre-application meeting on the proposed development.

A new article 166A proposes to amend the principal regulations to provide that the fee payable in respect of a subsequent planning application for a proposed development that has been the subject of such an opinion shall be twice the standard amount, or three times the standard amount where the application is also accompanied by an environmental impact assessment report, EIAR, or a Natura impact statement, NIS. Where the planning authority requests that either an EIAR or NIS be submitted in respect of a planning application accompanied by such an opinion, the fee payable in respect of the submission of the report or statement shall be three times the standard amount, less any fee already paid in respect of the application.

Finally, the draft regulations propose to amend section 3 of Schedule 9 of the principal regulations to provide that where an application is accompanied by an opinion, the maximum fee payable in respect of the application shall be €100,000, or €150,000 where an EIAR or NIS is submitted.

These new flexibility provisions are likely to be most relevant to renewable energy projects, including wind energy projects, where the full details of a proposed project, for example, the turbine tip height, the blade width or the grid connection route, are not definitively known at the time of the planning application and where all of the likely options and parameters can be assessed by the planning authority. However, other forms of development will also be able to avail of these new flexibility arrangements as appropriate. The fees proposed in respect of this process reflect the more complex and time-consuming assessments incurred by planning authorities in considering applications incorporating a degree of flexibility. Furthermore, the fee levels are considered appropriate in order to deter speculative use of the process.

Finally, the third set of regulations for consideration by the committee, the Planning and Development (Amendment) (No. XX) Regulations 2023, provide for a minor amendment to Part 2 of Schedule 5 of the principal regulations. This schedule of the regulations transposes annexes I and II of the EIA directive into the planning code, setting out projects that require mandatory environmental impact assessment under Parts 1 and 2, namely, those projects that must be screened to determine if EIA is necessary or not.

The draft regulation before the committee will insert into Part 2 of Schedule 5 the project type at paragraph 1(a) of annexe II of the directive, which is projects for the restructuring of rural landholdings. This project type was previously considered an on-farm-agricultural activity only and there is an EIA consent regime in operation by the Department of Agriculture, Food and the Marine in respect of such projects. However, it has recently come to our attention that commercial development projects moving through the planning system can include an element of rural land restructuring and, therefore, require screening for EIA in accordance with the directive. These regulations will give planning authorities the necessary jurisdiction to carry out that EIA screening in respect of such projects.

I commend these three sets of draft regulations to the committee. Their approval will support Government policy in the relevant areas, particularly in providing for: accommodation for persons seeking international protection and beneficiaries of temporary protection, that is, displaced Ukrainian citizens at a time when there is unprecedented demand for the provision of such accommodation; flexibility in respect of certain details of a proposed development to facilitate the roll-out of wind energy development, in particular; and planning authorities to carry out EIA screening for projects that include the restructuring of rural landholdings and the removal of the dual consent process.

I look forward to what I know will be an engaging discussion with the committee on these regulations and I will endeavour to answer any questions the committee members may have. Finally, Chair, if these draft regulations are approved by positive resolution of both Houses of the Oireachtas, I intend to sign the EIA related regulations, with my colleague the Minister, Deputy O’Brien signing the other two regulations, at the earliest possible date. I thank the committee for its attention.