Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank Deputy Cian O’Callaghan for introducing his amendments and explaining the rationale behind them. To be helpful, I refer to section 46 - I will deal with the amendment as well - which relates to the obligation to prepare a strategy relating to creation, improvement, preservation of sustainable places and communities. This deals with the local authority development plans as well. Section 46 states:

(2) The strategy shall include objectives for: (a) the provision, or the facilitation of the provision, improvement, extension and preservation of amenities, facilities and services to meet the social, community, recreational and cultural requirements of the functional area, including the needs of children, the elderly and persons with disabilities;

There are a number of references within the Bill to the development strategies of local authorities.

Specifically with regard to the amendments, Deputy O’Callaghan proposes to insert the new a new Chapter into Part 6 of the Bill. It appears that his intention is to give effect to the UNCRPD in order to provide for an assessment of the development prior to its approval. We believe very firmly that this would be more appropriately dealt with in building control and building standards legislation rather than in planning legislation.

I will give an example of the accessibility threshold, and I will speak about new developments in a moment. From a planning perspective, for argument’s sake, it would be very difficult to be able to pass that threshold of accessibility one-off rural housing. It would probably be nearly impossible to meet that criterion. Our belief is that the building control and building standards legislation is a more appropriate place to deal with this. Part M of the building regulations sets out the statutory requirements for building accessibility, requiring adequate provision to be made for people to access and use a building, its facilities and its environs. In the cases of commercial buildings and apartment blocks, a disability access certificate must be obtained from a local authority building control, confirming compliance with the Part M requirements. It is an offence, as the Deputy will know, to occupy or use a building without having that certificate in place. Thankfully, as the Deputy will have seen, I have engaged with disabilities groups in relation to design and universal design, particularly in relation to houses. This is not just for local authority housing, but for AHBs and private housing as well. The standard of accessibility now is far greater than it was in the past. We see really good examples of that right across the country.

In light of what I have outlined, I will not be accepting this amendment or, indeed, the other two, which the Deputy may move in due course. This is on the basis that we believe any further changes would be more appropriately dealt with in the building control and building standards legislation, rather than in the planning legislation.