Dáil debates

Wednesday, 24 May 2006

Planning and Development (Strategic Infrastructure) Bill 2006 [Seanad]: Second Stage.

 

12:00 pm

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)

I am acutely aware of the impact of delays in the judicial process on the delivery of infrastructure. l welcome the initiative being introduced in the High Court to improve the management and prioritisation of these cases and the designation of specific judges to manage the process. This initiative will achieve a similarly positive effect to that of the new commercial division of the High Court.

The proposed new structure and functions of the board are provided for in sections 14 to 19, inclusive. These changes will include the establishment of a dedicated strategic infrastructure division that will deal with applications under the new strategic consent process. The chairperson and deputy chairperson will be given new duties to ensure that the work of the new division is carried out expeditiously.

Section 20 ensures that applications made directly to the board under the strategic consent process are brought within the provisions of section 125 of the Planning and Development Act 2000. Sections 134 and 135 of the Planning and Development Act 2000, which deal with procedural matters relating to oral hearings, are being amended under sections 21 and 22 of the Bill. Section 21 allows for the expansion of the provisions relating to oral hearings so that the board may hold oral hearings under the new strategic consent procedure in addition to appeals and referrals as is currently the case. The Bill also provides that the board is no longer bound by a requirement to hold a public inquiry but has absolute discretion on whether to hold an inquiry.

To highlight the importance of coherent national and local development, the policies and objectives to which the board must have regard in making decisions are being extended. At present the board must consider the policies and objectives of the Government, the Minister for the Environment, Heritage and Local Government, planning authorities and any relevant public authority. Under this Bill the board must have regard to the national interest, the national spatial strategy and any regional planning guidelines in force.

Under section 25, three new sections are inserted into the Planning and Development Act 2000. These provisions will permit the board to amend a previously granted decision, similar to the power previously afforded to the Environmental Protection Agency for licences. Errors have occurred in planning decisions, sometimes typing errors, and there is no process to correct them.

The need to submit an environmental impact statement for environmentally significant changes and issue public notices for consultation will remain. The objective is not to bypass the consultation stage but rather to streamline the process.

I referred to the importance of Transport 21 and its potential impact on national competitiveness. The transport network in the greater Dublin area will be transformed in the coming decade and the two proposed metro lines represent a major element in that transformation. In section 37 I have taken the opportunity to act on the recommendation of the Oireachtas all-party committee report on private property concerning the acquisition of substrata lands. The Acquisition of Land (Assessment of Compensation) Act 1919 is therefore being amended by the insertion of an additional compensation rule.

As well as streamlining the strategic consent process the Bill will also make the process more coherent across different classes of infrastructure by enabling the board to serve as a one-stop-shop for applications for developments that require compulsory purchases of land. The decision-making process for railway lines and metros was, under the Transport (Railway Infrastructure) Act 2001, the responsibility of the Minister for Transport. In section 38 I am bringing this process within the new strategic consent remit of the board, including the Minister's compulsory purchase order powers.

Our national, regional and local infrastructure forms the matrix through which we live our lives. The way we earn a living, the way we travel, the energy sources we use and the means by which we dispose of our waste are all defined by the quality of the services available to us. There are major challenges ahead but the range of measures in place at national, regional and local level will enable us to meet these challenges. This Bill is designed to sustain the concerted efforts of the Government to address gaps that exist in our strategic infrastructure. These ambitions are shared by Members across the political spectrum. I look forward to a positive and constructive debate on the Bill and I commend it to the House.

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