Noel Dempsey (Meath, Fianna Fail)

I move amendment No. 3:

In page 3, line 9, before "AND" to insert the following:

", TO MAKE PROVISION AS RESPECTS THE EFFECT OF CERTAIN AMENDMENTS OF THE PLANNING AND DEVELOPMENT ACT 2000 MADE BY THE PLANNING AND DEVELOPMENT (STRATEGIC INFRASTRUCTURE) ACT 2006".

This amendment is being made to remove any doubt about the status of existing consents granted for certain large scale infrastructural projects and commencement of the Planning and Development (Strategic Infrastructure) Act 2006. This issue was identified following the enactment of that Act and it relates specifically to State development projects, electricity transmission lines and strategic gas infrastructure.

Following enactment, it was pointed out that the wording of the Act was such that there was a risk that such projects could require further consents under the new system, in addition to those already granted, even where they had successfully applied for planning permission already or possibly even where they had already begun development. The difficulty arose because the Planning and Development (Strategic Infrastructure) Act 2006 states that such projects shall not be carried out unless the strategic infrastructure division of An Bord Pleanála has approved them. The Act is intended to streamline the consent process for large infrastructural developments and it was never intended that additional consent requirements would be superimposed where an application for approval had been made or a consent given in respect of any project.

It is important to ensure that potential duplication should not arise and this amendment has been proposed to avoid legal doubt. Its effect will be straightforward as it will ensure that on commencement of the relevant provisions of the 2006 Act, no additional consent requirements will be superimposed where an application for approval has been made or required consent given in respect of electricity transmission lines, strategic gas infrastructure or State developments that require environmental impact statements. A further amendment will be tabled in respect of strategic gas infrastructure.

Prior to the 2006 Act, a number of consents applied to different parts of such developments, including planning permissions and licences under section 40 of the Gas Act 1976. The amendment will apply in the event that an undertaker decides to apply for a modification of a pipeline's route. While the developer will need to apply to the strategic infrastructure division for approval under section 182C of the 2006 Act to make the modifications, the decision of the board will relate to the proposed route modifications only. Planning permission in respect of the terminal would stand. In such circumstances, the undertaker will be required to apply for consent to the strategic infrastructure division if material changes are proposed to any part of the development.

Sections 4 to 6 of the amendment aim to preserve the unified development of strategic gas infrastructure developments, a key aim of the 2006 Act. They will also provide a common sense safeguard against unnecessary delays or the duplication of efforts by developers that could potentially have an economic cost for the country. These sections provide that where approval of a strategic gas infrastructure is already in place, it will not be necessary for a developer to revisit the entire planning process for a gas processing terminal should a modification of a pipeline forming part of the overall infrastructure become necessary. The Long Title of the Bill will be amended by amendment No. 3 to account for these provisions.

See this speech in context