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

This group will amend sections 10, 12, 13, 20, 38 and 31 of the principal Act, as well as amending sections 31AL, 31AM, 31AN, 31AP and 31AR in the Bill. These amendments are proposed to strengthen the provisions in the principal Act relating to the adoption and derogation of statutory plans, that is, local authority development plans and local area plans, as well as regional, spatial and economic strategies. These amendments relate directly to the proposed establishment of the office of the planning regulator pursuant to this Bill and to the powers of the Minister to issue directions based on a failure by a planning authority to implement a recommendation made by the regulator or a recommendation made by the Minister prior to the establishment of the office of the planning regulator. The effectiveness of the regulator will be much stronger as a result of these amendments. Under the existing provisions of the Planning and Development Act, when adopting or varying statutory plans, in addition to setting out the usual objectives regarding zoning, etc., local authorities are required to take sufficient account of the proper planning and sustainable development of the area, the statutory obligations of the local authority and any relevant policies or objectives for the time being of the Government or any Minister.

The existing wording, which obliges the taking of sufficient account by authorities with regard to certain requirements, can give rise to issues where, for example, elected members do not necessarily implement the spirit of such requirements in the final adopted version of the plan. In such instances, these requirements will have been recommended to the planning authority in submissions by the Minister following his review of the draft plan, a function which is to pass to the regulator upon establishment. Consequently, the provisions in this regard need to be strengthened to clarify the need for statutory development plans to implement as distinct to taking sufficient account of national and regional planning objectives, all of which have been the subject of specific recommendations from the regulator to the planning authority. These changes require a number of consequential amendments to the existing provisions of the Planning and Development Act, including amendments to ensure compliance with strategic, environmental and appropriate assessment requirements. The ultimate effect will be to require local elected members of local authorities and regional assemblies to more fully incorporate and respect national policies and objectives in the final adoption or variation of statute development plans.

Since the question was asked, it is the gift of local authority members to pass and adopt their county development plan. That is what local authorities are elected to do among many other things. When doing that, they have to respect national planning guidance and guidelines. We are asking them here to respect them. It will be the job of the regulator to oversee that and do it with some clarity.

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