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

I will read the note and point to some other elements in the Bill that might expand on this provision and give clarification as to the role of local authorities in terms of co-operation. Amendment No. 303 seeks to remove the reference in the provision concerning the co-ordination of objectives between adjoining planning authorities in their development plans to it being done "insofar as is practicable". I cannot accept this amendment as there is an operational need to allow for practical co-ordination between local authorities. This is to take account of their operational and administrative functions and also the likelihood, particularly in urban areas, that there will be the circumstances in which co-ordination will be between multiple authorities, requiring the capacity for judgment and flexibility to be employed.

I think provision to allow some flexibility with regard to implementation in practice where necessary is reasonable, such as where there may be competing objectives between planning authorities. I will say as well that all plans have to be materially compliant with the RSES and the national planning framework.

If members look at section 40(7)(b), the paragraph where the proposed amendment is, it states: "(b) The Minister may require two or more planning authorities to coordinate the development plans for their functional areas generally or in respect of specified matters and in a manner specified by the Minister. It goes on to state:

(c) A planning authority shall comply with a requirement made of it under paragraph (b).

(d) Any dispute between the planning authorities in question arising out of the requirement under paragraph (b)shall be determined by the Minister.

(e) Where a planning authority fails to comply with a requirement made of it under paragraph (b), the Minister may apply to the High Court for an order directing the planning authority to comply with the requirement.

It goes on to refer to the content of a development plan under section 41(3)(f) on page 99. It states: "... a statement demonstrating the manner in which the plan is coordinated with the integrated overall strategy of the development plan of any adjoining planning authority and any matters specified by the Minister under paragraph (b) of subsection (7)of section 40, ..." I think there are good safeguards in there to ensure the planning authorities are co-ordinating and working together. Obviously, the Office of the Planning Regulator has a role in oversight as well. I do not know if it goes into any great detail to explain the "insofar as is practicable" but what we are doing here is building in that flexibility to allow the local authorities, particularly where there is a crossover of a number of local authorities, to ensure that there is co-ordination and checks and balances there with regard to the statement demonstrating the manner in which the plans are co-ordinated.