Mr. Terry Sheridan:

I thank the Cathaoirleach for affording us the opportunity to make a presentation today on the general scheme of the planning and development (No. 2) Bill 2014.

The main context for the proposals contained in the general scheme is the final report of the Mahon tribunal on certain planning matters, published in March 2012. In May 2013, the Government agreed to the preparation of a general scheme of a planning Bill to provide for the planning-related recommendations of the final report of the tribunal. It was also agreed by the Government at the time that other required updates of planning legislation should be addressed in the context of preparing such a new planning Bill.

As outlined at our hearing before the committee in December, and further to the Government’s Construction 2020 strategy, published in May 2014, the general scheme for a planning (No. 2) Bill is being progressed in parallel with a general scheme for a planning (No. 1) Bill, aimed primarily at addressing the current housing supply shortage, which is particularly acute in the Dublin area. The main provisions in the planning (No. 1) Bill are the revision of the Part V requirements on social housing for developers, the retrospective application of reduced development contributions, the introduction of a vacant site levy, and use-it-or-lose-it provisions in respect of planning permissions.

As I outlined at our previous hearing in December, the Minister, Deputy Kelly, and the Minister of State, Deputy Coffey, are anxious that the planning (No. 1) Bill be enacted as urgently as possible to help address the current housing supply shortage, and that the planning (No. 2) Bill, which we are discussing today, be enacted subsequently, before the end of 2015.

The primary planning-related recommendation of the Mahon tribunal was for the establishment of a new office of the planning regulator, whose main functions would be to evaluate and assess local authority development plans, local area plans and regional spatial and economic strategies during development and make recommendations on the content of such plans and strategies to the relevant local authorities and regional assemblies with a view to ensuring each plan or strategy sets out an overall framework for the proper planning and development of the area concerned.

To monitor the performance of planning authorities regarding their functions under the planning Acts, we are required to undertake reviews of the relevant organisation and the systems and procedures used by planning authorities in regard to the planning functions; to facilitate research into what constitutes proper planning and sustainable development; and to conduct programmes of education and training for elected members and public officials of planning authorities, as deemed necessary.

The core function of the new regulator will relate to the evaluation and assessment of local plans and regional strategies, including on land zonings, and making recommendations to the Minister on these matters. Where a Minister agrees with the recommendations of the regulator, he or she shall issue appropriate directions to the relevant local authority on the steps to be taken regarding the revision of the relevant plan or strategy. Where the Minister does not agree with the recommendations of the regulator, which we envisage will be rare, he or she will be required to explain the reasons for such disagreement, lay them before the Houses of the Oireachtas and make them available on the Department’s website, all in the interest of increased transparency.

The Mahon tribunal also recommended that the national spatial strategy be given statutory underpinning. Accordingly, head 29 of the general scheme establishes a legislatively defined approach to the development of a successor strategy to the national spatial strategy of 2002, to be known as the national planning framework. Provision is being made in this regard for the procedures to be followed in the development of the new framework, including public consultation and participation in the process. There is to be a periodic review of the framework every six years, in addition to the obtaining of Oireachtas approval of the national planning framework or any revised framework.

The other main provisions in the general scheme, as published, largely emanate from a combination of further Mahon tribunal recommendations and specific actions required to be implemented under the Construction 2020 strategy. Many of these relate to increasing transparency in the planning process and can be summarised briefly. They include the publication of all submissions received on local area and development plans on the website of the relevant planning authority. The chief executives' reports on such submissions are also to be published on the relevant website. Any proposed grants of planning permission in material contravention of a local area plan or development plan must be submitted to the relevant regional assembly for observations. Other recommendations are legislative underpinning for e-planning to facilitate the introduction of online planning applications and appeals; providing for the payment of reduced fees, or no fees, by elected members when making submissions on planning applications, and the noting of such representations on the relevant planning file; and requiring Irish Water to take account of the likely sequencing of housing and economic development as indicated in local area plans and development plans when preparing its water services strategic investment plan.

In addition to allowing for the provisions outlined in the general scheme, as published, it is proposed to introduce a number of further amendments to the planning legislation on Committee Stage. These concern improving and streamlining the existing provisions in section 180 of the planning Act relating to the taking in charge of housing estates by local authorities; improving the procedures relating to the designation of strategic development zones; the introduction of a new register indicating land purchase option agreements entered into in regard to the purchase of land for development purposes, to be entitled the Registry of Land Purchase Options; and a range of other miscellaneous revisions of the planning Act, which we are still examining and reviewing.

What I have outlined is essentially a short summary of what is proposed will be incorporated in the forthcoming planning (No. 2) Bill. Quite a few provisions have already been published in the general scheme. However, as indicated, it is intended that quite a number of further provisions will be introduced on Committee Stage, which is likely to be taken in the second half of the year. We are actively examining all options in this regard.

Once again, I thank the Chairman for affording us the opportunity to make this short presentation on the general scheme. My colleagues and I are available to answer any questions members may wish to raise.