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

I move amendment No. 172:

In page 63, to delete lines 24 to 27 and substitute the following: “(8) A failure to comply with subsections (2), (3) and (4) of section 20 and subsection (6) within the time period specified therein shall not of itself invalidate the National Planning Framework.”.

These amendments relate to Part 3 of the Bill and the provisions relating to the validity of the following documents: the national planning framework, national planning statements, regional spatial and economic strategies, development plans, variations of development plans, urban area plans, priority area plans and co-ordinated area plans. These provisions all currently have wording to the effect that a person shall not question the validity of such policy documents by reason only that the procedures for preparing them were not completed within the time required under the relevant section.

While this wording reflects the wording in the Planning and Development Act 2000, on further review it was considered that the use of the term “by reason only” could lead to varying interpretations of these provisions. It is a tightening up of the phraseology and it brings a provision from the existing Planning and Development Act into the new Bill.

Amendments Nos. 172, 186, 268, 475, 499, 552 and 558 are minor amendments to modify the language by rewording the provisions to say that a failure to comply with the timeframes set out shall not of itself invalidate the national planning framework and the other strategies and plans. These amendments do not change the intent of these provisions in any way, shape or form. The language is simply being changed to be consistent with the language used throughout the Bill and to provide for further clarity. The other amendment was tabled by Deputy Ó Broin and others Deputies. I will respond to that amendment if Deputies wish to speak to it now.