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

Amendments Nos. 2, 61, 188, 981, 983, 986 and 1002 all relate primarily to the protection of architectural heritage. A lot of this is just detail as distinct from the substantive Part 23. They seek to include those areas under the Act of 2000 to which an objective and development plan applies as long as that development plan remains in force by way of section 66 of the Bill.

Similarly amendment No. 981 provides that the Act of 2000 will have effect for additions to, or deletions from, a record of protected structures included in the development plan, once the plan remains in force by way of section 66 of the Bill. In summary, we want to ensure that what is provided under the Act of 2000 in the Parts in question will not in any way get lost in terms of the repeal. It is seeking to ensure continuity of transition measures.

Amendments Nos. 983 and 986 relate to the ministerial recommendation of entries in the record of protected structures and declarations with regard to types of works that can be carried out on a protected structure that do not materially affect its character. Transitional arrangements ensure that recommendations made under section 53 of the Act of 2000, and declarations under section 57 of the Act of 2000, will continue to apply after the repeal of that Act.

Amendment No. 986 also provides that following its repeal, the Act of 2000 will continue to apply to a request made or an appeal brought under section 57 of that Act.

Amendment No. 1002 provides for the continued validity of notices made under subsection (1) of section 59 or subsection (2) of section 60 of the Act of 2000. Such notices are issued in respect of works carried out to prevent endangerment to protected structures or works carried out to restore the character of a protected structure. A number of associated provisions that relate to these notices are also provided for, such as those concerning appeals, offences and related powers of planning authorities.

Amendment No. 61 can be considered supplemental to amendment No. 1002 as it provides that where development has commenced in respect of a notice issued under subsection (1) of section 59 or subsection (2) of section 60 of the Act of 2000, that development will be exempted development for the purposes of the enacted Bill, once the development has commenced on or after the repeal of the Act of 2000.

Following the repeal of the Act of 2000, declarations made under section 5 of that Act, stating what is or is not considered to be exempted development, will continue to have effect by way of amendment No. 104. This amendment will also ensure that any requests or appeals that are in train at the time the Act of 2000 is repealed will continue to be dealt with under that Act.

Section 23 of the Bill provides that guidelines issued to planning authorities under section 52 of the Act of 2000, relating to protected structures and architectural conservation areas, are to be incorporated into national planning policy guidance as part of a national planning statement. Amendment No. 188 was introduced to ensure that such guidelines issued under the Act of 2000 will remain in force until the first national planning statement is issued under the enacted Bill. That sets it out pretty clearly.

Amendment No. 119 concerns licences granted under section 254 of the Act of 2000. Such licences permit the construction or assembly of specified appliances and cables on public roads. Under amendment No. 119, licences granted under section 254 will remain in force following the repeal of the Act of 2000, and any ongoing applications or appeals will continue to be dealt with under that Act.

Section 66 of the Bill provides for the continuation of development plans that were made under the Act of 2000, following the repeal of that Act. Such plans will remain in force for the remainder of their six-year duration or until a new corresponding development plan is made under the enacted Bill. Amendment No. 530 inserts a new section into the Bill to supplement section 66 by ensuring that the Act of 2000 will continue to apply to any draft development plans in preparation at the time the Act of 2000 is repealed, but only up until the development plan is made. Once the plan is made, it will be deemed to have been made under the enacted Bill. Similarly, amendment No. 908 makes it explicit that a housing strategy included in a development plan that has been continued under section 66 of the Bill remains in force until the development plan is replaced.

Section 45 of the Act of 2000 concerns the provision and maintenance of land as open space, in accordance with a condition of planning permission. Amendment No. 796 provides that the Act of 2000 will continue to apply in regard to any requests, notices or orders that were made under section 45 of the Act of 2000, before the repeal of that Act.

Amendment No. 920 provides that a certificate issued under section 97 of the Act of 2000 will have effect as if granted under section 231 of the Bill. Such certificates state that obligations relating to the provision of social and affordable housing do not apply to a specified development – for example, a development consisting of fewer than four houses.

Amendment No. 922 will deem agreements made by planning authorities under section 47 of the Act of 2000, for the purpose of restricting or regulating the development or use of land or maritime sites, to be agreements made under section 234 of the Bill.

Section 180 of the Act of 2000 relates to the taking in charge of estates and amendment No. 929 will insert a new section into the Bill to provide for the continued application of section 180 of the Act of 2000 with respect to any request made under that section before the repeal of the Act of 2000.

Amendments Nos. 932 and 942 concern orders made under sections 202 and 205 of the Act of 2000. An order under section 202 establishes “areas of special amenity” and section 205 provides for “tree preservation orders”. Such orders are to remain in force following the repeal of the Act of 2000 and will be deemed to have been under the equivalent sections of the Bill.

Amendments Nos. 943 and 944 provide transitional arrangements for public rights of way that were created under the Act of 2000, whether made by agreement under section 206 of the Act of 2000 or acquired under section 207 of the Act of 2000. Notices served, or appeals brought, under section 207 will continue to be dealt with under the Act of 2000 following its repeal.

Notices issued by planning authorities under section 209 of the Act of 2000, concerning the repair and tidying of advertisements and advertisement structures, will continue to have effect after the repeal of the Act of 2000 by way of amendment No. 947.

On matters such as the construction or placement of cables, wires and pipelines on privately owned land, amendments Nos. 950 and 953 provide that a consent given to a local authority by an owner or occupier under section 182 of the Act of 2000, before the repeal of that Act, will be deemed to be a consent given under section 248 of the Bill in respect of land, and section 249 in respect of maritime sites.

Amendments Nos. 1006, 1008 and 1009 relate to areas of special planning control. Sections 84 and 85 of the Act of 2000 currently provide for the establishment of such areas, and amendments Nos. 1008 and 1009 will provide that schemes prepared under section 84 and approved under section 85 will continue to have effect after the repeal of the Act of 2000. Such schemes will also be deemed either “draft special planning control schemes” or “special planning control schemes” under the enacted Bill. Amendment No. 1006 ensures that notices issued under section 88 of the Act of 2000 in relation to structures or land in areas of special planning control will continue in force and will be deemed notices served under section 307 of the Bill.

To provide for the introduction of a new planning register under section 349 of the Bill, amendment No. 1044 inserts new subsections into a section 349 in order to incorporate the existing register into the new register.

Amendment No. 1054 deems an agreement made by a planning authority under section 212 of the Act of 2000 to be an agreement made under section 375 of the Bill. Such agreements relate to the development and management of land.

Licences granted under Part 16 of the Act of 2000 concerning events and funfairs are to be deemed licences issued under Part 16 of the Bill by way of a new section inserted by amendment No. 1085.

Amendments Nos. 1098, 1109, 1112 to 1114, inclusive, and 1118 to 1121, inclusive, are transitional provisions related to An Bord Pleanála and they supplement those already provided for under the Bill. They include provision for the following: ministerial directions under section 109 of the Act of 2000 in relation to organisational reviews of systems and procedures; declarations of interest by members and employees; superannuation schemes; terms and conditions of existing employees; provision of services; reviews of codes of conduct compliance and proper discharging of duties; and indemnification of members and employees.

Importantly, amendment No. 1121 provides that Chapter 3 of Part 6 of the Act of 2000 will continue to apply in respect of any ongoing application, appeal, referral or request made under that Chapter before the repeal of the Act of 2000.

Amendment No. 1135 provides transitional provisions additional to those already set out in the Bill concerning the Office of the Planning Regulator. Ongoing reviews of planning authorities or An Bord Pleanála under section 31AS, or reviews of planning authorities requested by the Minister under section 31AT, that commenced before the repeal of the Act of 2000 will continue to have effect and operate under that Act. Examinations or requests made under section 31AU of the Act of 2000 will also continue to apply and have effect in the same manner.

Amendment No. 1143 will provide that, following the repeal of the Act of 2000, section 255 of that Act will continue to apply and have effect for any request, direction or appointment made under that section in relation to the performance of planning authorities.

It is important to note that as further key amendments to the Bill are likely to be made over the coming days, additional transitional provisions, as well as amendments to those moved on Committee Stage, will need to be brought forward on Report Stage.

While I await the conclusion of Committee Stage to determine the forthcoming requirements in this area, I anticipate that new transitional provisions relating to judicial reviews and claims for compensation, and provisions relating to notices given by an appropriate authority to an owner or an occupier of a property in advance of an authorised person entering a premises or entering on land, will be introduced on Report Stage. The Minister, Deputy Darragh O’Brien, has already referred to this.

There are a number of amendments in the names of Deputies Ó Broin, Gould and Ó Snodaigh and also an amendment in the name of Deputy Cowen, but I will await their deliberations before reading my note on them.