Dáil debates

Wednesday, 13 July 2022

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Instruction to Committee

 

9:00 am

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Leas-Cheann Comhairle. I apologise; my office is working on it and the speech will be here as quickly as possible. I will continue.

The purpose of the amendments to the Valuation Acts, 2001 to 2020, is to enable the Commissioner of Valuation to defer the roll-out of the national revaluation programme due to the unprecedented impact on the economy and the commercial property market since the beginning of Covid-19.

The proposed technical amendments to provisions in the Maritime Area Planning Act 2021 include amendments to maritime area consent, MAC, provisions, amendments of provisions for the early appointment of the chief executive officer designate by the Minister ahead of the establishment of the Maritime Area Regulatory Authority, MARA, and amendments strengthening the enforcement provisions in the maritime area that will be available to MARA.

The short-term letting amendments recognise the issue of the significant number of residential properties that, having been withdrawn from the long-term rental market in recent years, have instead been diverted for use as short-term lettings, and the associated negative impact this has had on the supply and availability of private residential rental accommodation, with associated knock-on implications for rental prices. Legislative amendments to the Planning and Development Act are, therefore, being brought forward to address this issue.

Since the April 2019 commencement of the Office of the Planning Regulator, OPR, a number of technical matters have come to light regarding the legislative procedures for progressing ministerial directions on statutory plans. Minor technical amendments to the Planning and Development Act are required to address cross-referencing, standardised wording, notifications and consistency in procedure, to benefit all stakeholders including local authorities and the wider public.

Amendments relating to flexibility in planning applications will address a recent High Court judgment concerning the design envelope approach in planning applications that require a degree of flexibility as the final details of the development may be unconfirmed at the planning application stage. The amendments will introduce a pre-application procedure to facilitate a subsequent planning application being made, incorporating flexibility in respect of certain specified details of the proposed development, while providing sufficient clarity to allow planning authorities to consider what level of information is appropriate on a case-by-case basis, while also providing appropriate safeguards for environmental assessment.

The amendments to judicial review provisions in the Planning and Development Act will require the courts to consider whether there is an adequate appeal or other available administrative remedy and if so, it should not grant leave for judicial review. It is also proposed to provide for an effective presumption that the matter can be remitted back to the board at the commencement of the legal proceedings so that errors can be corrected quickly, thereby avoiding delays associated with such proceedings.

I look forward to our debate on the motion, and I will do my best to respond to any specific questions at the end.

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