Mr. Terry Sheridan:

I thank Deputy Murphy and Senator Keane for their contributions. The establishment of the office of the planning regulator will be a new institutional arm of the planning system. It is intended that it will be completely independent, and it is therefore proposed that it be established as an independent body separate from any other institutions within the planning system, including An Bord Pleanála. We received that legal advice on the establishment of the office of the planning regulator and that is the reason it is proposed in the general scheme. What is also intended is that it will be a streamlined, cost-efficient, well-run organisation. It will have no involvement in the day-to-day decisions of the planning authorities in relation to individual planning applications but it will have an oversight role on the adoption of local area plans and local development plans. I agree with Deputy Murphy that once the office of the planning regulator is up and running it will prevent the occurrence of situations we had in the recent past that caused grief, as well as ensuring that once the national planning framework is established, the regional spatial and economic strategies that follow from it will be adhered to and not overlooked.

The obligation on Irish Water to take account of the local authority development plans in the sequencing of its capital investment programme is to ensure co-ordination of the correct infrastructure in the right place when it is required.

With regard to the poor performance and non-compliance by developers with the conditions of their planning permission, there is already provision in the Act, whereby planning applications may be refused when there is a real and substantial risk that the terms of the permission will not be completed in accordance with the permission granted. That is possibly something that needs to be highlighted to the planning authorities. These powers are already in place, so it is not a case of having to insert new provisions but of highlighting the existing provisions and ensuring they are adequately implemented. I will ask my colleague, Mr. Niall Cussen, to address some points.