Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I move: "That the Bill be now read a Second Time."

It is difficult to understate the importance that planning plays in almost every aspect of our day-to-day lives. Good planning can deliver generational benefits that will last many lifetimes. Blockages within the planning system can delay critical infrastructure such as housing, renewable energy, transport, and even discourage development from coming forward for consideration. Planning is, by its essence, a complex process. It balances the wider needs of society and the common good with the concerns of individuals; considers the environmental, social and economic merits of a proposed development; expertly weighs up the array of technical documentation; while also taking into account the critical input of citizens, stakeholders and environmental NGOs, among others.

Each planning decision is decided on its own merits, accounting for the unique environment and set of circumstances to which it relates. It is in this context that, in 2021, the Government instigated a review of the Planning and Development Act 2000. There is no doubt the planning landscape has changed profoundly over the past quarter of a century, and therefore it was clear that the legislation underpinning the planning system required a major overhaul. Some have criticised the length it has taken to do this work while others have suggested the process has been rushed. The truth is this work has been conducted methodically, in the first instance underpinned by a 15-month review by the Attorney General, informed by dozens of key stakeholder voices in the planning arena in particular, put under the microscope in the form of a draft Bill at the beginning of the year, and then subject to an extensive three-month pre-legislative scrutiny process within this House.

Throughout, we have ensured the Bill remains aligned to our European and environmental obligations while also protecting public participation, which is the hallmark of our planning system. All of the scrutiny, review, debate and analysis that has taken place has been welcomed, considered and deliberated to produce the Bill before us today, the third largest in the history of the State. Through this Bill, I am enhancing clarity, improving consistency and increasing confidence in the planning system. I am achieving this through the alignment of national, regional and local tiers of planning, encouraging public debate and participation at the plan-making stage, and through the review and refinement of many of the processes, parameters and timelines of the current planning system.

I will now go through some of the pillar reforms within the Bill to demonstrate how it will form the cornerstone of the planning system for the coming decades. The national planning framework will continue to spearhead the planning agenda in Ireland and the Bill proposes a plan-led system and structure whereby all tiers of planning, from regional to local, align with the strategic objectives set out in the national planning framework. Put simply, lower order plans will be required to align with higher order plans, with development plans aligned to regional strategies and, in turn, to the national planning framework and national planning statements, and with the area-based plans aligned to the development plans. Ministerial guidelines will be updated to be replaced by national planning statements. These statements will be subject to consultation and approval by Government and provide much greater clarity, whereby alignment with national planning policies and measures will be mandatory, whereas the associated guidance that will outline how these policies should be implemented, will be discretionary in nature. This will allow the system to remain responsive to change and allow Government policy to inform project and programme delivery throughout the life cycle of the NPF.

To ensure consistency in a timely manner, there will also be a process to expedite review of development plans after any changes to the NPF or when new planning statements are introduced, to make sure that the system remains in alignment. These provisions also greatly improve scope for the various tiers of the planning system to more closely relate to one another, thereby providing greater clarity and consistency for all involved, from individual citizens to residents' groups to landowners to developers and, ultimately where necessary, to the courts, which have become the final arbiter of some planning decisions in recent years. Development plans will have a ten-year lifespan rather than the current six-year lifespan and will be more strategic in nature than under the 2000 Act. An interim review of the development plan will occur in year 5 to take account of wider changes since the plan was prepared and to allow it to be updated if required. This will provide both more up-to-date and strategic plans and greater certainty that there is sufficient zoned land available at all times to align with the needs of housing and economic development and, again, provide much greater certainty over a longer period for all stakeholders and all our citizens. The ten-year cycle, with five-year reviews, will mean that every elected member will be involved, at minimum, in either the making of the development plan or the review and possible amendment via the interim review. Local area plans will be replaced by specific types of area-based plans, to better enable local authority objectives to be prioritised, rather than simply being mandatory in nature and drawing resources where not always most needed. I also reassure Deputies that the provisions relating to allotments, which had been inadvertently omitted from the draft Bill in January, have been restored in line with the current Act.

There will be a clearer distinction between different categories of consents, and, most importantly, statutory time periods will be introduced for decision-making for all consent processes, including, for the first time, for an coimisiún pleanála. This will bring increased certainty to the planning consent process for both the public and stakeholders involved in the delivery of key infrastructure such as housing and renewable energy. The headline time periods for an coimisiún pleanála will range from 18 weeks for appeals of decisions of planning authorities on smaller scale development proposals to 48 weeks for larger scale strategic infrastructure developments. The varying timelines reflect the differing complexities of applications dealt with by an coimisiún. These timelines will be introduced on a phased basis, starting with those for strategic infrastructure developments, and that includes energy and transport projects. There will also be a system of proportionately escalating measures in place if the commission does not make decisions within the mandatory timeframes set out.

There will be a new organisational structure for the board, which will be renamed an coimisiún pleanála, and three central pillars. There will be the planning commissioners, who will be responsible for all decision-making regarding appeals and applications made to them under the new Bill. There will be a separate corporate structure which, led by an overall CEO, a strengthened management team and organisational structure, will undertake all organisational and technical functions to support the core decision-making role. There will also be the governing body, which will be responsible for the governance and performance of the organisation.

Government is already backing these reforms with resources to match the ambition. Since October 2021, I have agreed to 117 new staffing posts in An Bord Pleanála, 93 of these within the past 12 months.

When all the approved posts are filled, more than 300 people will be employed by the board. This will represent an increase in the overall agreed staffing of An Bord Pleanála by in excess of 50% since 2021. The board now has a full statutory complement of 15 members, more than ever before, and arrangements are in place for the new recruitment process for permanent board members, including the chairperson, who will become the chief executive-designate.

The planning process is influential as the gateway through which all major development proposals must be validated. Increased complexity and risk of litigation have placed significant demands at all levels and mean greater levels of input are required than in previous years to deliver comparable outcomes.

The staffing increases approved at An Bord Pleanála are also required at local authority level and for marine planning. I am preparing a ministerial action plan to support this approach, which will set out a series of actions to be delivered on by stakeholders. In addition to the need for increased resourcing of the public sector planning service and matters relating to recruitment and retention of staff, there is a need to develop education and training initiatives to increase the availability of personnel with the necessary skills and expertise in planning and related professions across the public and private sectors.

Another crucial area of reform this Bill introduces is a range of reforms to the judicial review of planning cases. To be clear, there is an important role for judicial reviews within our planning system, one that will, appropriately, remain in this Bill. However, the number of judicial review cases has grown significantly and in a manner that is delaying delivery of housing and critical infrastructure such as wind energy and housing delivery. We introduce these reforms conscious of the need to protect the role of judicial review and our obligations to ensure access to justice under the Aarhus Convention. In the first instance, by moving to a more truly planning-led system and ensuring greater consistency of approach with regard to planning policy, it is intended that this will reduce the scope for material contravention of plans and policies in subsequent planning decisions. It is therefore envisaged that, in time, there will be fewer instances of judicial review.

To improve clarity to the processes and parameters of judicial review, sufficient interest, or standing rights, and provisions relating to the grounds for such challenges have been reviewed. Applicants will no longer need to apply to the High Court for leave to take a judicial review case, which will save time and cut expenses while improving access to justice. Another important change is the inclusion of a provision for so-called unincorporated organisations, such as residents' associations, to take a judicial review, subject to certain criteria, including taking a vote of members. This will serve to ensure transparency within the system while accommodating the important role of residents' associations. Environmental non-governmental organisations will still enjoy special status within the Bill, aligned to our commitments under the Aarhus Convention and subject to certain criteria.

The Bill also introduces provisions relating to the costs associated with judicial review to ensure they are not prohibitively expensive, in line with the Aarhus Convention. First, there will be a scale of fees for all planning-related judicial reviews, and a successful applicant can seek his or her costs back from the respondent in line with that scale. Second, a new environmental legal costs financial assistance mechanism will be established. Where applicants for judicial review are unsuccessful in a case or do not receive costs, they will be able to apply to the mechanism for a contribution to their costs, depending on their circumstances. This will improve access to justice by removing a significant cost barrier in what is acknowledged to be a high-cost legal environment. The scheme will be administered and regulated by my colleague, the Minister for the Environment, Climate and Communications, who will also set the scale of fees. The introduction of these cost measures will bring a level of certainty and predictability to the State's exposure to judicial review costs while not limiting or diminishing in any way the important role judicial review plays within the Irish planning system.

I also intend to introduce an amendment on Committee Stage relating to the duration of planning permissions to ensure that, where a judicial review is taken in relation to a consent and is unsuccessful, the duration can be extended by the period of time the judicial review application was under way.

The Bill provides for urban development zones, UDZs, in place of any new SDZs. This will facilitate the identification of areas with potential for significant development, including housing, to ensure the opportunities can be maximised and development can take place in a timely manner. These arrangements will provide for fast-track planning in accordance with an approved scheme. It is intended that the UDZ designation will be applicable to large-scale areas in single or multiple land ownership that could include public and-or private lands and transport-led development areas and are intended to be a focus for State investment to ensure development, including housing delivery at scale, can be progressed.

I will now outline the main provisions of the Bill. It consists of 23 Parts and six Schedules.

Part 1 contains provisions of a general nature, including definitions.

Part 2 re-enacts certain provisions of Part 1 of the Act of 2000, with modifications, and includes the definitions of "development" and "exempted development".

Part 3 deals with plans, policies and related matters and is set out in six Chapters. This Part includes definitions; details on the preparation and review of the national planning framework; the introduction of national planning statements and the preparation of the various tiers of planning, including regional spatial and economic strategies; and the making of a development plan and area plans by each planning authority, which provides the framework within which all planning decisions are made.

Part 4 sets out the procedures for consent for the four categories of consent application. They are standard applications to planning authorities; applications directly to an coimisiún pleanála; alterations, extensions and revocations of permissions; and local authority and State authority development. It also sets out the mandatory timelines for decision-making by the commission.

Part 5 restates, with minor modification, the provisions inserted into the Act of 2000 by the Aircraft Noise (Dublin Airport) Regulation Act 2019.

Part 6 relates to environmental assessment and sets out the procedures for conducting environmental impact assessments and appropriate assessments.

Part 7 will replace Part V of the Act of 2000 with only very minor modifications. It will continue to include provisions for housing supply as part of the planning system as well as the preparation of housing strategies by planning authorities to ensure sufficient social, affordable and cost-rental housing is provided in their areas.

Part 8 relates to miscellaneous powers of planning authorities, including control of development, taking in charge, acquisitions, areas of special amenity and public rights of way.

Part 9 relates to judicial review. It sets out the processes regarding the taking of a judicial review as well as providing for the establishment of the environmental legal financial assistance mechanism.

Part 10 concerns the protection of architectural heritage.

Part 11 concerns the enforcement of the planning code and the prosecution of offences arising under the Bill. It provides for the establishment of regional enforcement authorities to allow enforcement of certain types of development such as quarries and peat extraction to be dealt with on a regional basis.

Part 12 relates to appeal procedures, the planning register and records, and miscellaneous powers and procedures. This Part assembles various powers and procedures relating to the function of the legislative regime, provision for which has been made in various Parts and Chapters of the Act of 2000.

Parts 13 and 14 deal with appropriation, disposal and development of land, and compulsory purchase and acquisitions, respectively. They generally re-enact the provisions of Part 14 of the Act of 2000, and most provisions are largely unchanged. Reform of this area will take place in future legislation that takes into account the recently published report of the Law Reform Commission on that matter.

Part 15 sets out the rules on compensation and generally re-enacts the provisions of Part 12 of the Act of 2000. Most provisions are largely unchanged, although there are some material amendments and restructuring of the sections.

Part 16 provides for the licensing of certain outdoor events and funfairs by a local authority and broadly replicates Part 16 of the 2000 Act.

Part 17 provides a new organisational structure for An Bord Pleanála, separating its decision-making and corporate-organisational roles. The board is renamed an coimisiún pleanála.

Part 18 relates to the Office of the Planning Regulator, which has powers to evaluate and carry out assessments relating to planning matters and provide observations and recommendations on those matters, to conduct reviews and examinations, and to conduct education and training programmes and research on planning matters.

It replaces Part 11 B of the Act of 2000.

Part 19 sets out further provisions relating to planning bodies, including codes of conduct and requirements regarding matters relating to beneficial interests.

Part 20 sets out financial provisions relating to planning authorities, including the power to set fees and arrangements regarding development contributions.

Part 21 restates certain provisions of Part 9 of the Act of 2000 in relation to strategic development zones already designated prior to the commencement of the relevant provisions in this Act.

Part 22 relates to urban development zones and sets out the arrangements for the identification of suitable sites, the inclusion of candidate urban development zones within a development plan, the designation of urban development zones by Government and the making of a development scheme for all or part of the area.

Schedules 1 and 2 deal with Chapter 4 development. Schedules 3 to 6 relates to compensation, including the rules for determination of compensation and reasons for which compensation is excluded. Schedule 7 relates to compulsory purchase. While largely unchanged, the schedules have been updated to take account of changes made in this Bill.

At this stage, Members will have a sense of the scale, complexity and interdependence in the legislative framework for the operation of planning in Ireland. The Bill before them is the product of an already massive collective effort by the Office of the Attorney General, the Office of Parliamentary Counsel, a wide range of Departments, in particular my Department and I thank the officials who have worked so diligently on this very important Bill for well over a year, and input from a diverse range of stakeholders, each of which share a common goal to deliver the best possible planning system for the country.

At its core, the Bill is centred on achieving clarity, certainty and consistency in our planning system. I am committed to building cross-party support in this critical area. It is vital we embed structural changes in our planning system to help tackle the need for more housing and improved infrastructure and to urgently address climate change. I will bring forward a number of amendments on Committee Stage. In particular these amendments will deal with transitional provisions to move the planning system from provisions of the 2000 Act to those under the new Bill, as well as relating to the organisational structure of the Office of the Planning Regulator and the extension of duration for consents that have been subject to judicial review, as I have already mentioned. There will be also a number of technical amendments, including relating to compensation in the maritime area and refinements to Part 6 relating to environmental assessment.

Legitimate policy disagreements are the beating heart of political debate. However, politics can also reach consensus on badly needed change to meet shared goals. In turn, I will consider openly the input of the Members of the House, as I have done throughout this process. I will seek to respond to specific questions and engage further on Committee Stage. I commend the Bill to the House. Go raibh maith agaibh.

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