Oireachtas Joint and Select Committees

Wednesday, 20 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I have a number of general questions on these amendments, which I will follow with some specific questions. One of the issues that concerns me is that notwithstanding the details set out on the draft consultation process, it is not clear who will be consulted. In some of the amendments, whether to section 36 or later sections, certain organisations are listed and then there is a catch-all provision referring to what the Office of the Planning Regulator "considers appropriate". Why are some bodies listed and not others? Clearly, there is a rationale as to why certain organisations are listed, along with the general catch-all provision. With respect to each of the amendments in this grouping where new bodies are listed, together with the general catch-all reference, will the Minister of State explain why particular bodies are referenced in specific amendments? In amendment No. 285, for example, there is reference to the NTA. In amendment No. 291, the commission and the NTA are specifically referenced. Likewise, there are references in other amendments to the NTA, the Maritime Area Regulatory Authority, MARA, and other bodies.

In terms of the use of "prescribed", is it the Government's intention to produce regulations setting out that for certain types of draft directions, these are the bodies that will be prescribed to be consulted, or will that just be left to the discretion of the planning regulator? The use of "prescribed" is a little confusing.

The Minister of State mentioned flood relief and referenced the OPW. Obviously, the OPW has a key role in flood relief but one could argue that prescribed bodies such as An Taisce, for instance, also have a key role to play, as well as, arguably, business and community-based organisations impacted by flooding. There are a number of controversial flood relief schemes that are dividing public and NGO opinion. How do we ensure we get these consultation processes right? This is important because, depending on the content of the submissions and the summaries that will be provided thereafter by the OPR to the Minister, the latter, on foot of advice from the officials, will decide whether the draft direction will become a direction. Therefore, this process has huge significance and weight. It is crucial that we get the consultation process right.

Another consideration is that this process will potentially be very resource-intensive because it will involve not just seeking submissions but also drafting the summary responses. Have there been discussions between the Department and the OPR on the additional resourcing that will require? This provision relates to just one of a series of directions. We are not just talking about the RSES. The amendments are also relevant to the development plans and other plans.

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