Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Amendment No. 207 relates to section 24 of the Bill and the considerations the Minister of the day may have regard to in advance of issuing or amending a national planning statement. The amendment seeks to broaden the scope of national planning statements by incorporating an additional matter concerning the recognition, protection and regulation of night venues. The matters currently set out in the Bill are appropriate for the scope and level of consideration required for national planning statements. The current list is both balanced and broad. The proposed amendment would overextend the scope of a national planning statement by merging the statement with other policy matters that are not traditionally considered to fall within the ambit of planning and that are, in many cases, already provided for elsewhere. For these reasons, I am not in a position to accept the amendment.

Amendment No. 318 seeks to insert a new paragraph into subsection (13) of section 41 providing that the written statement of the development plan shall include a statement demonstrating how the plan incorporates objectives facilitating culture, recreation and artistic creativity, among other things. Amendments Nos. 321, 323, 324 and 327 to 329, inclusive, are consequential on amendment No. 318. Similarly, amendment No. 344 seeks to amend section 42 of the Bill relating to the strategy for sustainable development and regeneration to provide that the strategy shall set out objectives relating to the provision of accessible cultural infrastructure, art spaces and night venues.

Amendments Nos. 346, 349, 361 and 362 amend section 43, relating to the economic development strategy, and section 44, relating to the housing development strategy, to include references to cultural spaces and nightlife.

Amendments Nos. 377, 378 and 382 to 384, inclusive, amend section 45, relating to the housing development strategy of a city, and section 46, relating to the strategy for the creation, improvement and preservation of sustainable places and communities, to include references to cultural spaces and nightlife.

Amendment No. 392 proposes to insert a new section containing an obligation to prepare a cultural development strategy. As drafted, the Bill makes provision for the improvement, extension and preservation of amenities, facilities and services to meet, among other things, cultural requirements of the functional area to which a development plan relates. This is a requirement of the plan-making process. The matters to which the Deputies refer are already sufficiently and effectively catered for in the Bill. Furthermore, their provision is balanced with other necessary and appropriate objectives that are necessary to develop a rounded framework for the development of an administrative area.

With respect to night venues, my Department participated actively in the night-time economy task force set up by my colleague, the Minister, Deputy Catherine Martin. I participated in one of the workshops under that task force.

The support for and future development of the night-time economy is a matter for planning policy rather than being specifically referred to in legislation. This is due to the varying considerations that apply to the night-time economy depending on where one resides in the State. Reference is made to the need for a cultural strategy. I am of the view that this is not appropriate to a planning Bill, in view of the many non-planning and wider societal inputs needed for such a strategy to be effective.

Amendment No. 624 seeks to amend section 84, which sets out the planning conditions a planning authority or the commission may attach to planning permissions. This amendment seeks to include a new condition requiring space within the development for culture, including artistic creation, performance, learning or enjoyment, accessible to the public, including persons with a disability. As part of the formulation of a development plan under section 46, the planning authority is required to include objectives "for the provision, or the facilitation of the provision, improvement, extension and preservation of amenities, facilities and services to meet the social, community requirements of the functional area, including the needs of children, the elderly and persons with disabilities." This forms an objective of the plan, which is the basis upon which any application made is assessed.

Under section 84(3)(b), there is the capacity to apply conditions requiring the carrying out of works, including the provision of facilities. This section would allow for conditions to be attached that are grounded in the operation of the development plan objective that is required under section 46. In short, I see no need to extend the wording of section 84 as currently drafted and I cannot accept the amendment.