Oireachtas Joint and Select Committees
Tuesday, 10 November 2020
Joint Oireachtas Committee on Housing, Planning and Local Government
Strategic Housing Developments: Discussion
Ms Rose Kenny:
When we look at the material contraventions in terms of process, obviously a core strategy or anything else can only be materially contravened having regard to the legislation - section 37(2)(b) - under which there are four criteria. The board must demonstrate that one or any of them can be met in order to materially contravene. In order to materially contravene, the board must demonstrate that it is acting in accordance with proper planning and sustainable development. Therefore, the board believes that is what it is doing when it looks at that. It is not looking at the overall impact and it is assessing it having regard to those core principles. That is what I would say in relation to that.
Regarding the Aarhus Convention, pre-application consultation and public involvement, regardless of whether the pre-application consultation involves the planning authority under section 247 or is pre-application consultation into the board on strategic infrastructure or strategic housing, at all stages it occurs between the proposer of the development and the relevant planning authority. The public is not involved in that. It does not matter whether it is the planning authority or the board - that is the current legislative provision. I cannot comment any further on that but it is no different for the board. We are just one of the planning authorities.