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

I understand what the Deputy is saying. The answer to his question is that it would not. National planning statements are not all issued, as the Deputy will be aware, in advance of a development plan cycle. A development plan is done. The written statement is laid out. A national planning statement could deal with any issue. For argument's sake, it could be improvement in design standards. Work that this committee and the current and previous Oireachtas did flowed into the guidance. They can come through at any stage during the process. The development plan maps or zoning do not necessarily change. A written statement, the policy, the national planning statement sits above it and they have to have regard to it.

On one hand, the Deputy was arguing earlier that this seeks to restrict a planner's discretion to make a decision. It does not do that at all. On the other hand, we are asking is it so broad that it will create a conflict. National planning statements will come forward, as will the compact growth guidelines that I have used as an example, at any time during a development plan cycle. What we are basically saying is that we would look at this in the context of section 59(1), because these are all related. The heading relating to section 59 is "Consequences of new or amended National Planning Statement for development plans". Section 59(1) states:

Where the Minister issues or amends a National Planning Statement, each planning authority shall, within 2 months of the publication of National Planning Statement, submit a report ... setting out its view as to whether the development plan in force for its functional area is materially consistent ...

On the important point of material consistency, section 40(8) contains the phrase, "In reviewing a development plan in accordance with sections 51 and 52 ...". Section 40(8)(b) states:

... ensure that the development plan is materially consistent with— (i) the National Planning Framework, ...

Then it goes right the way through. All we are doing is ensuring, as part of the process, that the assessment takes into account what the relevant national planning statements are at a given time when an application is being decided up. That is it.