Dáil debates

Thursday, 21 July 2011

Environment (Miscellaneous Provisions) Bill 2011: Instruction to Committee

 

2:00 pm

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)

Fianna Fáil will not oppose this motion. I thank the Minister for his statement to the House. He has introduced a number of initiatives which had been discussed on Committee Stage.

The initiative regarding placenames is welcome. The Dingle situation was closely followed, especially by those living in the county. A similar but not such a high profile situation occurred in County Limerick with regard to the changing of the name of the village of Doon in east County Limerick. I welcome the clarification and the introduction of a clear set of guidelines as to how placenames may be altered if this is the will of the majority of the people.

I ask for clarification regarding some provisions outlined by the Minister:

Section 13 amends section 50A of the Planning Acts to the effect that a court may now grant leave to apply for judicial review of planning applications, appeals, referrals and other matters where the applicant has a sufficient interest in the matter which is the subject of the application.

I ask the Minister to expand on his definition of "sufficient interest".

On the readvertising, the Minister has provided for significant further information to be lodged as part of a planning application. People in an adjoining property can seek leave to apply to An Bord Pleanála to appeal a decision if they have not made a submission in the first instance to the planning authority. I ask the Minister to clarify that for us when he gets an opportunity.

Also, the Minister mentioned section 47. In regard to sections 21 and 22, these new sections have the same policy intent as sections 47 and 48 of the Planning Act but provide clearer legal text. My understanding of section 47 is that it is to do with sterilisation orders. Is that correct? The Minister might expand on that. According to the rural house guidelines, section 47 should be used in exceptional circumstances, but it is my experience in Limerick County Council that nearly every grant of planning permission for a single rural house is accompanied by a section 47 sterilisation order. The follow-on from that is that every grant of planning permission is an exceptional circumstance, and I would not like to think that is the case. We need to focus more, be it in this House or in committee, on section 47 and sterilisation orders because my experience is that local authorities are engaging in brinkmanship with applicants in that when deciding on a file, they tell them that if they sterilise the entire farm holding, they will give them planning permission and so on. That section is being abused to some extent.

The Minister mentioned health infrastructure developments. Is that to do with 100 bed facilities in that if an application is made for a facility in excess of 100 beds, it would have to go straight to An Bord Pleanála for a decision on planning permission rather than through the local authority? There may be merit in examining the possibility of making it apply to, say, a 50 or 60 bed facility because we have an under-supply of health facilities. I ask the Minister to clarify those issues when replying.

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