Dáil debates

Thursday, 6 December 2007

 

Planning Legislation.

7:00 pm

Photo of Pat CareyPat Carey (Dublin North West, Fianna Fail)

I thank Deputy Ó Caoláin for raising the issues of democracy, accountability and participation in the planning process. One of the main goals set for the coming years by the Minister for the Environment, Heritage and Local Government, Deputy Gormley, on whose behalf I am taking this adjournment matter, is to maximise public participation in the planning process, from the forward planning stage to development management. It is a matter of major importance to others besides Deputy Ó Caoláin.

Repealing the provisions of the strategic infrastructure Act would not do anything to enhance public participation or community involvement in the planning process. In fact, it would do the very opposite. The strategic infrastructure Act has introduced a number of key measures designed to ensure that projects which go through the new strategic consent process are subject to even greater public scrutiny than projects which go through the normal planning process, both at pre-application and application stage.

Specifically, the Act is designed to provide a better quality service for all stakeholders, infrastructure providers, State bodies and the general public alike, through a single stage consent process of approval for projects, a rigorous assessment of all projects including their environmental impact, full public consultation, and greater certainty of timeframes. Our existing planning system is an inclusive one which rightly provides for extensive public participation at various stages and ensures that all concerns can be fully taken into account when crucial decisions are taken. The strategic consent process in no way compromises or "short circuits" democratic involvement. However, what the new consent system does achieve is a streamlining that allows for full democratic participation, ensures transparency and accountability, and strikes the right balance between the national interest and the views and concerns of local groups and individuals.

The Act protects the rights of everyone to participate in the process and affords opportunities for members of the public, residents or environmental groups to make known their views on proposed infrastructure projects. Pre-application consultations also form an integral part of the new process. The purpose of these consultations is to ensure that the subsequent application for permission-approval is of a high standard, that correct procedures are followed, that adequate information is submitted and that issues relating to proper planning and sustainable development and the effects on the environment are adequately addressed from the outset in the application. Crucially, from the point of view of maximising community involvement, the board has powers to include in the process any person who in its opinion is in possession of information relevant to the proposed development. For the purposes of transparency, on conclusion of the pre-application process, records of any meetings held with prospective applicants will be made available by the board for inspection by the public.

At application stage proper, the very same extensive rights of public participation that exist in relation to "normal" planning applications apply equally under the new process. This means that, before making a decision, the board is legally obliged to consider submissions made in relation to an application. As well as having their views taken into consideration during the decision-making process, third parties also have the right to be notified of any new significant information provided by an applicant; request an oral hearing; and be notified of the decision of the board. It is worth noting that the chairperson of An Bord Pleanála has signalled that its general policy will be to hold oral hearings in all cases other than the most straightforward.

The Act also recognises the potential role for locally elected representatives in the consent process for major infrastructure development in their areas, by giving them the opportunity to have their views, both collective and individual, included in a report from the local authority or authorities potentially affected by such a development. These views, with those of the managers of the relevant local authorities, and those submitted by members of the public and other third parties, must then be taken into consideration by the board in making its determination on a particular application.

The provisions contained in the strategic infrastructure Act not only uphold but also significantly enhance the democratic participation, transparency and accountability associated with the planning process.

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