Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I move amendment No. 285:

In page 88, line 3, to delete "Regulator or the National Transport Authority" and substitute "Regulator, the National Transport Authority or any other body, as may be prescribed".

A major feature of the Bill is the work that has been undertaken to ensure the mandatory alignment of the various tiers of planning from national, through regional and down to local level. Inconsistency of approach has been a major challenge within the planning system. This is expected to be significantly reduced through the plan-making processes and structure set out in the Bill.

Under Part 3, the Office of the Planning Regulator, OPR, is required to assess new or amended regional spatial and economic strategies, RSESs, development plans and area plans to ensure they are consistent with the national planning framework, NPF, national marine planning framework, NMPF, and national planning statements. Separately, the Minister can also request the OPR to carry out assessments of those plans.

Where the OPR forms a view that the RSES or plan is inconsistent with the NPF, NMPF or a planning statement, it can recommend to the Minister that a draft direction should issue to the regional assembly or planning authority. If the Minister is in agreement, he or she may direct the OPR to issue the draft direction. A consultation process on the draft direction is undertaken by the OPR, after which it can recommend to the Minister that a direction be issued. In considering whether to issue a direction, the Minister shall consider any submissions received by the OPR. These provisions are set out in sections 37 and 38 for a RSES, sections 62 and 63 for development plans, and sections 76 and 77 for area plans.

Amendments Nos. 294, 296, 517, 519, 570 and 572 seek to amend these sections to clarify that the OPR should include a summary of the submissions received along with its recommendation, rather than merely forwarding all the individual submissions to the Minister. Given the number of submissions that could be received on a draft direction, it is reasonable that the OPR should provide a summary of those submissions to assist the Minister in deciding whether a direction should be issued. These are minor amendments relating to the OPR's functions with regard to RSESs, development plans, urban area plans, priority area plans and co-ordinated area plans. The Bill currently provides that in assessing these strategies and plans, the OPR shall have regard to submissions and recommendations from the Minister, the OPR and the National Transport Authority, NTA.

Amendments Nos. 285, 507 and 561 add a new regulation-making power to provide that the OPR shall also have regard to the submissions and recommendations of any other body that may be prescribed. Rather than listing all bodies in the legislation, it is considered more appropriate to prescribe different bodies, as appropriate. For example, it may be appropriate to prescribe that the OPR shall have regard to the submissions of the Office of Public Works, OPW, in regard to flooding risk, of Uisce Éireann with regard to water services, and of Transport Infrastructure Ireland, TII, in respect of transport matters such as national roads.

Similarly, amendments Nos. 291, 514 and 567 provide that when the Office of the Planning Regulator issues a draft direction for either a RSES or a development or area plan, it may, in addition to notifying the Minister, regional assembly, the commission and the NTA, notify any other body it considers appropriate. If the direction relates to flooding, water services or national roads, for example, it may be appropriate for the OPR to notify the OPW, Uisce Éireann or TII, respectively.