Oireachtas Joint and Select Committees

Tuesday, 20 February 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Malcolm NoonanMalcolm Noonan (Carlow-Kilkenny, Green Party)
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While it is often difficult to anticipate the time it may take for a Bill to progress through the Oireachtas, the following timelines are provided on the basis that this Bill will be enacted before the summer. It is also important to note that extensive work is currently being carried out, in parallel with the work on this Bill, on the revision of the planning and development regulations. The commencement of the various parts or sections of the enacted Bill will be dependent on further work. For this reason, the estimated timelines may be subject to change.

There are three key areas of the Bill that I intend to focus on for the remainder of this year following the Bill's enactment. The first of these areas relates to the planning authorities, which are provided for under Parts 17 and 18. The commencement of these Parts will provide for the establishment of An Coimisiún Pleanála and the continuation of the Office of the Planning Regulator.

I will also look to commence Part 16 of the enacted Bill, which provides for events and fun fairs. I anticipate that each of these parts will be commenced by the end of Q3 of this year.

In Q4, the third area I intend to commence will consist of those parts relating to plans and the concept of development, these being Parts 2 and 3.

I also expect to be in a position to begin commencing elements of Part 6 before the end of the year. This Part relates to environmental assessments. I ask Deputies to note this Part may need to be commenced over a number of stages throughout 2024 and 2025.

In early 2025, I will look to commence Parts 4 to 12, which will include the provisions for development consents, housing strategies, architectural heritage, urban development zones and a range of associated enforcement and procedural provisions. For the remainder of 2025, my attention will turn to Part 9, concerning judicial reviews, and Parts 13 to 15, relating to appropriation, acquisition and compensation. As can often be the case with the legislative process, the commencement of some of these areas may need to be advanced or pushed back as competing demands dictate but I will continue to progress the excellent work done to date in revising and renewing this important legislation.

I will give an update on the revision of planning and development regulations. I have it in tabular form as well and can provide it to the Deputies. I am acutely aware the progression of this Bill through the Houses and its subsequent commencement is a matter of the highest priority. A core element of ensuring commencement can occur is the development of the relevant secondary legislation. This is a task of considerable scale and complexity and one which my Department continues to prioritise. An initial scoping exercise undertaken in the Department determined that a sizeable number of the existing regulations would simply require updating to reflect the structure and language of the Bill and to ensure the language is consistent throughout the regulations. There is a small number of areas in which major revision of existing regulations or entirely new regulations are required. Work on drafting the secondary legislation has commenced. It is intended that this will be completed when the Bill is enacted and will be progressed in line with the transitional arrangements for the commencement of the legislation. My Department is working closely with the Office of the Attorney General on this. It remains the intention that the review of the regulations will be completed on enactment of the Bill and progressed in line with the transitional arrangements and commencement of the Bill.

In August last, my Department established the planning regulations review working group to review and prepare secondary legislation particular to its section. The initial scoping exercise undertaken by the working group determined a sizeable number of existing regulations would simply require updating to reflect the structure and language of the Bill and to ensure the language is consistent throughout the regulations. There is a small number of areas in which major revision of existing regulations or entirely new regulations are required.

Recognising the importance of consultation, my Department invited the Local Government Management Agency to nominate individuals to participate on an advisory group which will examine potential improvements to regulations relating to the consent process at local authority level. It is intended that this advisory group will work closely with members of the planning regulations review working group, providing valuable insight into the current operation of the regulations at local authority level. There will also be further engagement with An Bord Pleanála and other stakeholders on the preparation of the regulations.