Damien English (Meath West, Fine Gael) | Oireachtas source

I move amendment No. 77:

In page 47, between lines 24 and 25, to insert the following:

“(3) Section 34 of the Principal Act is amended by substituting the following for subsection (5):

“(5) The conditions under subsection (1) may provide that points of detail relating to a grant of permission be agreed between the planning authority and the person carrying out the development and, accordingly—

(a) where for that purpose that person has submitted to the planning authority concerned such points of detail, then that authority shall, within 8 weeks of those points being so submitted, or such longer period as may be agreed between them in writing, either—

(i) reach agreement with that person on those points, or

(ii) where that authority and that person cannot so agree on those points, that authority may—

(I) advise that person accordingly in writing, or

(II) refer the matter to the Board for its determination,

and, where clause (I) applies, that person may, within 4 weeks of being so advised, refer the matter to the Board for its determination,

or

(b) where none of the events referred to in subparagraph (i) or in clause (I) or (II) of subparagraph (ii) occur within those 8 weeks or such longer period as may have been so agreed, then that authority shall be deemed to have agreed to the points of detail as so submitted.”.”.

Amendment No. 77 relates to compliance conditions associated with planning permissions. It provides that, in addition to the complete decision of the planning authority on a planning application and details of any conditions imposed and the date of the decision being noted on the planning register relating to a planning decision, as is the case at present, further supplementary points of detail, referred to as compliance conditions, as are agreed or deemed to have been agreed under section 34(5) of the Act between the planning authority and the person carrying out the development subsequent to the granting of the planning permission should also be noted on the planning register. The purpose of this amendment is to enhance transparency generally on planning permissions and on points of detail or compliance conditions attached to such permissions so that there is wider and more comprehensive public information available on planning permissions. These compliance conditions or points of detail are deemed to be of such minor insignificance in the overall context - colours of roof tiles, landscaping etc. - to warrant the involvement of the public after the granting of the permission.

Amendment No. 77 supplements the previous Committee Stage amendment to require planning authorities to conclude agreement on supplementary points of detail or compliance conditions with persons undertaking development within a specified period of eight weeks. Where agreement is not reached within that eight-week period, the planning authority will be deemed to have agreed with the points of detail submitted by the developer by default. This will speed up and streamline the process of planning authorities and developers reaching agreement on specific points of detail relating to development works so that developers can proceed with the necessary works in reasonable time and without undue delay, thereby providing greater certainty on the progression of development works which have already been permitted instead of being delayed on minor points of detail.

There is often a sense of frustration and we often get feedback that developments are delayed because of minor discussions that just do not happen due to time. We need to ensure that the planning authority has the resources to do them in the timeframe. I think eight weeks is enough time to agree some of these minor details.

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