Eamon Gilmore (Dún Laoghaire, Labour)

Amendment No. 14 in my name seeks to delete section 3(b). This set of amendments is really what the Bill is all about. The legislation has been represented to us as a means of fast-tracking the planning process for what is called critical infrastructure. What is being set up in the legislation is a fundamental change in the country's planning laws. Under this Bill, the promoters of projects described as critical infrastructure will be given a new means of getting planning permission. First, they will go to An Bord Pleanála where they will have a pre-application consultation with officers of the board. Following that, An Bord Pleanála will issue them with a statement which says they are cleared for take-off in the category that qualifies for the fast-tracking procedure provided in the Bill. They will then go back to An Bord Pleanála where they will be advised on how to write their EIS. They will then apply to An Bord Pleanála for planning permission. There will then be a make-believe consultation process under which An Bord Pleanála goes through the pretence of hearing what the local authority and elected councillors have to say over a ten-week period. At the end of that period, An Bord Pleanála will grant permission for the development. The whole thing is prejudged, of course, because from the day the applicant obtains clearance from An Bord Pleanála that they are free to submit an application, unless the promoter makes an almighty hames of submitting the application, they are virtually guaranteed to get permission.

When the Bill was first put forward, the idea was that it would cover major critical infrastructure, including transport programmes and road projects. The Schedule, however, contains a range of projects which can now be covered. One such project, for example, concerns wind farms. In many parts of the country concerns are developing over planning applications for wind farms. A wind farm promoter will no longer have to go to a local authority at all. They will be able to apply directly to An Bord Pleanála under this legislation and away they go.

As long as one satisfies one of the categories described in section 3 that qualifies for this fast-tracking procedure one will be in business. Section 3(2)(a) states, "the development would be of strategic economic or social importance to the State or the region in which it would be situate". That is a pretty wide definition. I will come back to section 3(2)(b). Section 3(2)(c) states "the development would have a significant effect on the area of more than one planning authority". That is fair enough. If it straddles two planning authorities there probably is a case for having it dealt with by An Bord Pleanála rather than by one or other of the individual authorities. I see some logic in that. However, the second criteria, outlined in section 3(2)(b), states "the development would contribute significantly to the fulfilment of any of the objectives in the National Spatial Strategy or in any regional planning guidelines in force in respect of the area or areas in which it would be situate". That definition is wide open because, even as it stands, there probably is not a residential, road, airport, seaport or other development of any significance in the country which would not satisfy some element of the national spatial strategy or regional planning guidelines. If it did not, however, the national spatial strategy and regional planing guidelines are not law — they are documents produced by the Government and may be changed by the Government. Therefore, if there is any doubt about whether a project will qualify for the fast-tracking procedure, the Minister has only to amend the regional planning guidelines and in it goes.

We recall there was a debate over the idea of large retail outlets, such as IKEA. The latter could now qualify as critical infrastructure if the Minister puts some provision into the regional planning guidelines or the national spatial strategy when it is reviewed. My amendment is seeking to address section 3(2)(b), which leaves the door open for any type of development to qualify. Under that provision, the Government, through the Minister, will be in the driving seat and can effectively change the planning goalposts at the stroke of a pen. That should not be permitted.

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