Oireachtas Joint and Select Committees

Wednesday, 21 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

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

We do not see this as an enforcement measure. There are enforcement measures in planning, but we do see this in that context.

To give clarity:

This section is a new provision that empowers the Minister, with the approval of the Government, to issue an urgent direction to the chief executive of a planning authority to amend the development plan within a specified period for the purpose of making provision for, or in connection with, a class of infrastructure or other development of national or strategic importance at a location specified in the direction or at a location to be specified by the chief executive of the planning authority.

This section applies where the Minister is satisfied that (a) an event or situation with significant national or strategic implications has occurred or is likely to occur, (b) it is necessary for the Government to take action as a matter of urgency for the purpose of dealing with the implications or likely implications of the event or situation concerned, and (c) the action to be taken includes the amendment of a development plan.

It only arises in very urgent, specific situations. In response to Deputy Gould, in the general course, the development plan is the reserved function of the councils, which is something I fully respect. This is for a particular situation. We live in a democratic country where people are elected and people then expect governments to be formed and make decisions. We see policy as being set down by Government. In this particular case, we have the Minister who has to get approval from the Cabinet. Before doing that, he has to consult, and the experts in this area are in the Office of the Planning Regulator, OPR. That is why it was set up. They have the expertise in the area. They are familiar with every development plan across the length and breadth of Ireland, whether that is a local area plan or a development plan, and they bring that expertise. It is something that I think is hugely important.

It is a difference on a point of principle. We believe the policy rests with Government. This is a particular set of circumstances. It is not an enforcement measure. It is a direction measure in a particular set of circumstances.

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