Ms Rachel Kenny:

In terms of subsidiarity, we have followed the legislation as applied. In terms of its constitutionality or otherwise, it has gone through the Oireachtas and the Attorney General's office. It is a matter for the Department to comment further as to how that works but it is not different from strategic infrastructure development, the legislation for which came into force in 2006. That was based on the concept of strategic elements coming into the board directly because they all ended up there in any event. When we looked at the developments between 2006 and 2016, over 95% of all 100+ residential development projects under section 34 were decided by the board. Even today normal planning appeals on projects below 100 units make up 70% of the board's appeals. Opposition to housing at every single scale remains, whether it is strategic housing development, SHD, applications or normal planning appeals. As Deputy McAuliffe said, for some reason Irish society has concerns, worries and opposition to housing, no matter who decides on it. The board is deciding on quite a lot and we try to do so with fairness and impartiality. We record all of the submissions received in order to make sure that third parties are heard. We are happy to continue to improve that as we go forward, whether in appeals, strategic housing or strategic infrastructure.