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

Certainly. These amendments relate to section 83 of the Bill, which sets out the various matters to which planning authorities and the commission shall have regard when performing any function under Part 4 including the determination of planning permission.

Amendment No. 604 proposes to delete sections 83(3)(e) and 83(3)(f), which provide that, when making a decision in respect of an application for permission, the planning authority or the commission shall have regard to the fact that functions relating to the control of emissions arising from an activity subject to an integrated pollution control licence, industrial emissions licence, waste water discharge licence or a waste licence vest in the Environmental Protection Agency. The Environmental Protection Agency Act 1992 and the Waste Management Act 1996 already adequately and in more detail provide that the EPA is responsible for controlling emissions for licensed activities and that the control of emissions should not be a matter for planning conditions. As such, there is no need for this provision here.

Amendment No. 605 proposes to insert a new subsection into section 83 to provide that neither a planning authority nor the commission shall refuse permission for proposed development for the reason that the housing growth target included in the housing development strategy in respect of the settlement concerned has already been reached. The amendment is intended to support the plan-led approach whereby matters related to housing numbers, estimated capacity and zoning are determined at the plan-making stage with an appropriate and proportionate element of flexibility in line with statutory guidance. In turn, it is intended that the decision-making process will not further consider numbers and will operate in a manner that does not restrict permissible housing development on zoned land. This is necessary as there may be circumstances where there may be extant but as yet uncommenced permissions for development, where efficiencies in land use may have been achieved in accordance with the new compact growth policies or where a local plan may further detail what may be permissible on zoned land further to a development plan. I may bring further amendments to this provision on Report Stage to further clarify the language regarding housing growth targets. I want to ensure the language used encompasses the differing language used in different development plans. We will be looking at that on Report Stage as well but I will not be changing the intent of the amendments.