Oireachtas Joint and Select Committees
Wednesday, 28 February 2024
Select Committee on Housing, Planning and Local Government
Planning and Development Bill 2023: Committee Stage (Resumed)
Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source
I thank Deputies for their contributions. I will try to cover them as best I can. I will start at the beginning with regard to the restoration. I have already addressed what we are doing on the biodiversity front. I am not going to repeat that; we will come back to it.
The amendments around the national planning framework, NPF, requirement regarding conservation of the environment and its amenities include the term "restoration" in addition to conservation. It is my view at the moment that the Bill is appropriately worded. To require restoration in the context of conservation objectives as an overriding requirement would from a practical aspect potentially create significant difficulties, for example, to what level restoration would be and from what baseline this would be measured. I recognise absolutely the need for nature restoration. I have been extremely supportive of measures seeking to achieve that aim, as has this Government. Another thing to consider, and it is timely we are discussing this now, is the need for a nature restoration plan that will emerge following the adoption of the nature restoration law at European level. That will have a very significant impact too. Therefore, I think we are all coming at this from the same angle.
Practical implementation of the policy objectives is very important. We have to consider carefully and effectively evaluate a wide range of legitimate considerations, especially in the context of maintaining the capacity of the planning system. One does not necessarily trump another. Deputy Boyd Barrett made the point very well that house building is expanding. That momentum is building to make sure we are on track. I will get to amendment No. 154 in a minute, but it is kind of related in terms of that open space requirement and design. All those things have to be balanced with the natural environment and natural landscape that is already there when a development is taking place. Therefore, we have to be able to balance that.
I will address amendment No. 154, in particular, and get back to amendment No. 152, which was tabled by Deputy Ó Broin and others. Deputies will be aware that we published the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities. I believe that is a significant upgrade as well. Within that, obviously, we have covered private open spaces for houses, public open spaces and all those things as to how we can create better developments with high densities in many areas but ensuring we have those types of facilities that are needed, such as sporting facilities and other things. For argument's sake, I was in Tallaght Stadium last night watching the Irish ladies' team. We can fill a stadium now for Irish ladies' soccer, GAA, rugby and all of that, which is fantastic. We want that inclusivity in sport. I put it to the Deputy that the national facilities have really expanded. There is work to be done on the ground within local authority areas for general sporting facilities but also for passive recreation for those who are not involved in organised sports. Indeed, we do that pretty well as a country. We can always strive to improve that. That has been further updated in the Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities that were issued to all planning authorities in January of this year.
I mention that in the context of amendment No. 154 as well, which Deputies Ó Broin, Boyd Barrett, O'Callaghan and others have tabled. That seeks to amend the subset, which the Deputy has outlined, setting out the matters in respect of which revisions must be made in the NPF for adding a matter of "promotion of sustainable development consistent with a focus on improving human health and well-being and the establishment ... [etc.]". It should be noted there are a wide range of measures that relate to well-being and health matters that lie outside the remit of planning. We have discussed some of them, and they do. With respect to measures to improve the built environment and support improved health and well-being in the community, however, I am of the view that such measures can be most practically achieved through guidance. I have just referenced what we have done. The guidelines have been very well received by local authorities, the development sector and the planning sector. There was wide public consultation on that as well. I believe it really strikes that balance we need. There is a core objective to maintain the capacity of the planning system. Deputy O'Callaghan mentioned earlier about capacity within a sector and being aware of that. There is a core objective to maintain the capacity of the planning system to effectively and appropriately evaluate the wide range of legitimate considerations that need to be balanced in pursuance of its function of facilitating proper planning and sustainable development.
As I mentioned to Deputy Boyd Barrett and others, it is about striking that balance at a planning level, be that the plan-led approach under the county development plans and ensuring they are affirmed through planning decisions. As it stands right now, with those amendments as tabled to which I referred, recognising that fact that I am coming back to look at strengthening references on biodiversity and climate, I genuinely do not share the concern that the objective of the built environment should seek to improve public health or at least mitigate negatively affecting it. I will undertake to consider if it is possible to reflect further on Report Stage the overall sentiment of the amendment as I understand it. I cannot accept the amendment as it is currently worded. As I said, I share some of the concerns Deputies have put forward. I will see if there is anything we can do with regard to the wording within it to strengthen it.
One thing I did not respond to earlier was when Deputy O'Callaghan mentioned water resources. That is a valid point. It is something I will look at in the list of those category areas. That is on page 61 under paragraph (d). Separate to the biodiversity piece, which we are going to strengthen anyway, I will look at the water resources piece.
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