Oireachtas Joint and Select Committees

Thursday, 29 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

Amendments Nos. 133, 153, 196, 313, 601, 602, 634, 661, 681, 707, 710, 712, 724, 763, 1056 to 1058, inclusive, 1155, 1169 and 1191 were tabled by Deputy Matthews. Amendments Nos. 229, 232 and 614 were tabled by Deputy Duffy. Amendments Nos. 396, 759, 760 and 761 were tabled by Deputy McAuliffe and amendment No. 420 was tabled by Deputy O’Callaghan. The remaining amendments in the group, amendments Nos. 131, 134, 135, 139, 142, 143, 230, 233, 305, 342, 354, 366, 594, 596, 607, 612, 613, 614 and 893 were tabled jointly by Deputies Cian O'Callaghan, Duffy, Ó Broin, Gould, Ó Snodaigh, Boyd Barrett, Bríd Smith and Gino Kenny.

Amendments Nos. 131, 139, 230, 233, 235, 305, 313, 420, 594, 614, 893 and 1191 seek to insert references to the Climate Action and Low Carbon Development (Amendment) Act 2021 in the context of the various national, regional and local plans. Amendments Nos. 133, 134, 135, 396, 607, 661, 710, 712 reference pursuit and achievement of the national climate objectives, while amendments Nos. 342, 354, 601 and 602 propose having regard to climate mitigation throughout Part 3 on plan-making and Part 4 on consents processes. Amendments Nos. 342 and 354 seek to insert a reference to climate and climate mitigation measures in relation to preparation of a development plan. Amendments Nos. 601 and 602 seek to delete section 83(1)(x), which is a reference to the Climate Action and Low Carbon Development Act 2015.

It must be made clear that the Bill - like the Act of 2000 - recognises the pivotal importance of meeting the climate challenge and the central role that planning can play in our efforts in this regard. The Department has a broad remit over the built environment, planning, the marine environment and national biodiversity policy, as well as Met Éireann’s role in climate science and the National Parks and Wildlife Service. Many of our actions are high-impact and play an important role in the delivery and implementation of the Climate Action Plan. Examples of actions delivered by the Department under the Climate Action Plan 2023 include the establishment of the Maritime Area Regulatory Authority and the retrofit of approximately 2,400 local authority homes.

From a national planning policy perspective, the national planning framework provides a means to implement and integrate climate change objectives at national, regional and local levels and to support the transition to a low carbon and climate resilient society. The 2018 national planning framework states clearly that in addition to legally binding targets agreed at EU level, it is a national objective for Ireland to transition to be a competitive low carbon economy by the year 2050. The national planning framework strategy is at an early stage in its implementation.

The associated regional spatial and economic strategies were adopted in 2019 and 2020, each of which contains a number of ambitious policy objectives to ensure that emissions can be reduced and targets met. The majority of city and county development plans have now been updated to be consistent with the national planning framework. A key feature of this new Bill is greater alignment of national policies, including those relating to climate objectives, with regional and local implementation.

The Climate Action and Low Carbon Development (Amendment) Act was enacted in 2021, with a commitment to a binding target to reduce greenhouse gas emissions by 51% and increase the share of electricity generated from renewable sources by up to 80% over the decade from 2021 to 2030 and to achieving net-zero emissions no later than 2050. The Climate Action Plan 2023 was published on 21 December 2022, with the supplementary annexe of actions published in March 2023. The plan implements the carbon budgets and sectoral emissions ceilings, identifying actions aiming to ensure that Ireland achieves a reduction in overall greenhouse gas emissions by 2030 and reaches net-zero emissions by no later than 2050.

The Bill recognises the importance of the national planning framework in establishing a broad national framework for strategic planning and sustainable development of urban and rural areas to secure balanced regional development and co-ordination of plans at regional and local level. The current revision of the national planning framework identifies climate action as one of the key drivers for consideration as part of the revision process, having regard to policy and legislative changes since 2018. Therefore, climate objectives will be a key consideration cascading consistently throughout the planning hierarchy.

While the Bill as initiated makes reference to the climate action plan and other environmental considerations, I see the merit in examining the intent behind these proposed amendments. This is to ensure that the language in the Bill reflects fully the Department’s commitment to the Government’s climate objectives while maintaining the capacity of the planning system to effectively and appropriately evaluate a wide range of legitimate considerations, which need to be balanced, in pursuance of its function of facilitating proper planning and sustainable development.

With this in mind I and the Department commit to liaising with the Office of the Attorney General and with my colleague the Minister of the Environment, Climate and Communications, Deputy Ryan. We will revert on Report Stage in terms of any required changes to the current drafting of the Bill in relation to the amendments. We take on board the merit and intent of what has been put forward. We would like to examine it further and engage with the Attorney General and the Office of Parliamentary Counsel and come back on Report Stage.

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