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

I move amendment No. 7:

In page 3, between lines 22 and 23, to insert the following:

“Amendment of section 31 of Principal Act

3.Section 31 of the Principal Act is amended- (a) in subsection (3), by the substitution of “section 31AM(8) or 31AO(7)” for “section 31AN(9) or 31AP(9)”,

(b) in subsection (4)(b), by the deletion of “, in the case of a plan,”,

(c) in subsection (8), by the substitution of “, the Minister and, where relevant, the regional assembly concerned” for “and the Minister”, and

(d) by the substitution of the following subsection for subsection (16):

“(16) Where paragraph (a) of section 31AN(4A), paragraph (a) or (c) of section 31AN(9), paragraph (a) of section 31AP(4A) or paragraph (a) or (c) of section 31AP(9) applies to a matter to which this section relates, then the Minister shall issue a direction accordingly.”.”.

Amendment No. 7 relates to technical drafting amendments to section 31 of the Principal Act as required to address cross-referencing, duplication of language and notifications to the regional assembly. In this context, two references to other sections will be replaced with appropriate references and the relevant regional assembly will now be issued with a chief executive's report. This amendment to section 3D inserts references to new sections 31AN(4)(a) on development plans and 31AP(4)(a) on local area plans. This amendment will be dependent on acceptance of the amendment inserting subsection (4)(a) in sections 31AN and 31AP of the Principal Act. These amendments are to commence on enactment. However, transitionary provisions have been provided to allow for the chief executive’s notice of the requirement to furnish the report to the regional assembly. Therefore, the amendment to this process will only apply where the Minister has yet to issue a notice under section 1 for the purposes of subsections (3) and (4) of that section.

Amendment No. 8 relates to minor drafting amendments to section 31AM of the principal Act in regard to development plans to improve consistency and clarity of language. Minor amendments have been made to the wording to reflect the consistency of the development plan with the national planning framework and to replace “in a development plan” with “of a development plan”.

Amendment No. 9 relates to technical drafting amendments to section 31AN of the principal Act dealing with the development plans required to address cross-referencing, duplication of language, notifications to the regional assembly and the cathaoirleach of the planning authority and timeframes. This amendment provides for the provision to include a copy of the statement to also be sent to the relevant regional assembly and provides for copies of the report to also be issued to the cathaoirleach of the planning authority.

On commencement, this provision will only apply where an inspector has yet to be appointed. Subsections (12), (13) and (15) of section 31AN of the principal Act are to be deleted as these provisions are already catered for in subsections (18) to (20), inclusive, of section 31.

The amendment also provides for a specific subsection allowing for the office to recommend the Minister to issue a direction, with or without minor amendments, and include a three-week timeframe for this process. This aligns with the practice whereby the office has been working to a three-week timeline, reflecting the current timeline set out for appointment of an inspector. On commencement, this provision will only apply where the chief executive has yet to issue a report on the submission of the draft direction to the office.

Two new subsections are inserted after subsection (4). One is to address the process for the Minister to consider the recommendations of the office and provide for a six-week time period for the Minister to issue a final direction, with or without minor amendments, subject to environmental assessments, if required. Transitionary provisions are included to ensure any directions currently at draft stage where the Office of the Planning Regulator has recommended that the Minister issue a final direction, with or without minor amendments, are not bound by the six-week time limit. The second new subsection sets out the process to apply where the Minister does not agree with the recommendation of the office. This process is currently set out at draft direction stage and, therefore, it is appropriate to incorporate this procedure at final direction stage.

An amendment to subsection (9) is also proposed to allow for the Minister not to agree with the recommendation from the office where the inspector has been involved.

The final provision in this amendment amends subsection 31AN(16) to include reference to the new subsection 31AN(4A), which sets out the process for the Minister to determine whether strategic environmental assessment or appropriate assessment is required to be carried out.

Amendment No. 10 is a minor drafting amendment to section 31AO of the principal Act in regard to local area plans to ensure consistency of language with other sections by reflecting that a local plan is amended by, rather than varied by, the planning authority.

Amendment No. 11 provides for technical drafting amendments to section 31AP of the principal Act dealing with local area plans. The amendments previously discussed are, in essence, mirrored in this section for local area plans. This amendment provides for a copy of the statement also to be sent to the relevant regional assembly and provides for copies of the report to be issued to the cathaoirleach of the planning authority. On commencement, this amendment will only apply where an inspector has yet to be appointed.

Subsections (12), (13) and (15) of section 32AP are to be deleted as these provisions are already catered for in section 31, subsections (18) to (20), inclusive. This amendment also provides for a specific subsection allowing for the office to recommend that the Minister issue a direction, with or without minor amendments, and include a three-week timeframe for this process. On commencement, this amendment will only apply where the chief executive has yet to issue a report on the submissions to the draft direction to the office.

Two new subsections are to be inserted after subsection (4), one to address the process for the Minister to consider recommendations of the office to provide a six-week time period for the Minister to issue a final direction, with or without minor amendments, subject to environmental assessments, if required. The second new subsection sets out the process to apply where the Minister does not agree with the recommendation of the office. This process is currently set out at draft direction stage and, therefore, it is appropriate to incorporate this procedure at final direction stage.

An amendment to subsection (9) is also proposed to allow for the Minister not to agree with the recommendation from the office where an inspector has been involved.

The final provision in this amendment amends section subsection 31AP(16) to include reference to the new subsection 31AP(4A), which sets out the process for the Minister to determine whether strategic environmental assessment or appropriate assessment is required to be carried out.

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