Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

I would like to further explain my question. What can happen with phasing in larger schemes - unfortunately we have all seen examples of this - is that phase one could involve 200 apartments, phase two could involve another 200 apartments and phase three could include another 100 apartments as well as a community facility that is promised to serve the entire development and some open space and parkland. However, what can happen is that the developer delivers phases one and two and sells those apartments but things then go badly and phase three is not delivered. If the developer goes bust or there is an economic downturn and the development is being built out over time, then, lo and behold, the final phase with the much-needed promised amenities that were part of the overall scheme are not delivered. It can be desirable for a planning authority to be able to ensure that some of the amenities or facilities that are needed as part of the overall scheme do not come in the final phase but, rather, in the middle or, indeed, up front in the first phase. That can be a good planning outcome. It depends on the particular situation. My reading of section 165(3) is that it is not explicitly clear that the planning authority can do that. It is the applicant that submits the phasing plan and section 165(3) simply states, "Where an application is required to be accompanied by a phasing plan, [that is, for ten or more units] the planning authority or the Commission may attach as a condition to any grant of permission a requirement that the development comply with any specified provision of the phasing plan." If I submit a phasing plan and my community facilities, amenities and open space are in phase three, then surely all that means is that a condition would say that in order for the planning permission to be complied with, the phasing plan must be adhered to, including the provision of community facilities in phase three. That does not necessarily allow a planning authority or commission to say that the community facilities and amenities that are in phase three of the phasing plan must be delivered in phase one. If my interpretation of the subsection is wrong and it does allow a planning authority or commission to do that and, in effect, to rejig the phasing plan through conditions, that would be great. It would be great to hear that is the case and that I have read this wrong but my reading of the subsection is that it does not give the planning authority or the commission the flexibility to rejig the phasing plan. All they would be able to do is attach conditions to emphasise what is in the phasing plan, reject the permission or request further information. There is no provision here to change around or rejig the phasing plan. That is my reading of it but if I am wrong, it would be great to hear that.