Patrick O'Donovan (Limerick, Fine Gael)
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98. To ask the Minister for Transport, Tourism and Sport if, in the context of the upcoming merger of the National Roads Authority and the Rail Procurement Agency, he will consider amendments to existing planning legislation and regulatory instruments to allow the NRA and or local authorities to engage in pre-planning consultations with An Bord Pleanála in an attempt to avoid money being spent on planning road projects that are subsequently rejected at a cost to the Exchequer; and if he will make a statement on the matter. [4840/14]

Patrick O'Donovan (Limerick, Fine Gael)
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797. To ask the Minister for Transport, Tourism and Sport if as a result of the proposed merger of the Rail Procurement Agency and the National Roads Authority, he is satisfied that the current legislative and regulatory framework which apply to both organisations is such that both agencies are capable of addressing issues including planning applications and the submission of observations to An Bord Pleanála in respect of major infrastructural projects in the same way; if his Department plans to bring forward requests for legislative changes from the Department of the Environment, Community and Local Government; and if he will make a statement on the matter. [7528/14]

Patrick O'Donovan (Limerick, Fine Gael)
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These questions relate to the current position whereby the National Roads Authority is prohibited from entering pre-planning consultations with local authorities or An Bord Pleanála in the context of the construction of new roads across the country.

Leo Varadkar (Dublin West, Fine Gael)
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I propose to take Questions Nos. 98 and 797 together.

The planning, design and implementation of individual national road schemes is a matter for the National Roads Authority under the Roads Acts 1993 to 2007 in conjunction with the relevant local authorities.

The main purpose of the Roads Bill 2014, which is currently at Second Stage in the Dáil, is to facilitate the merger of the National Roads Authority and the Railway Procurement Agency. The Bill also provides for a number of amendments to the existing provisions of the Roads Acts 1993 to 2007. At present there is no provision in either the Roads Acts or the Planning Acts for the NRA or road authorities to enter into pre-planning-application consultations with An Bord Pleanála on proposed road developments. However, the Planning Acts make provision for pre-planning consultation in regard to various other strategic infrastructure developments, including transport-related projects, with An Bord Pleanála prior to the submission of a planning application.

I believe there is merit to the Deputy's suggestion, which has arisen from our discussions of the future of the Adare bypass.

It makes little sense to me, for example, that the promoters of the Luas can engage in preplanning consultations with An Bord Pleanála but the relevant roads authority cannot do so for a new road. Therefore, if the Deputy wishes to bring forward such an amendment to the Roads Bill on Committee Stage, I am open to accepting it. Alternatively, I will seek to introduce such an amendment to the Bill on Committee Stage. However, as preplanning consultations are a function of An Bord Pleanála and, therefore, primarily a planning matter, this will require close liaision between my Department and the Department of the Environment, Community and Local Government and An Bord Pleanála to ensure we all agree on the way forward.

Patrick O'Donovan (Limerick, Fine Gael)
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I welcome the Minister's reply. I think he will agree with me that it is intolerable that local authorities and regional road design offices work in a vacuum in designing roads for which An Bord Pleanála refuses permission. We saw this happen in Adare and other parts of the country. The problem does not arise only at preplanning consultation stage but when permission is refused by An Bord Pleanála and the board does not engage with the local authority or the road design office, with the result that they continue to work in Limbo and cannot anticipate the problem in a redesign. Vast sums of Exchequer money are rightly going into projects around the country at the design stage and it is essential to engage in preplanning consultation. One would not build a house without engaging in preplanning consultation with one's local authority, but it is expected that one can be allowed to build roads without doing so. I will bring forward an amendment to the Roads Bill. Will the Minister liaise with his colleague, the Minister for the Environment, Community and Local Government, in advance of its being taken? I would like to work with the Minister and the officials in the Department of Transport, Tourism and Sport on the amendment.

Leo Varadkar (Dublin West, Fine Gael)
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The Deputy's point is well made. I did not know until I held this job - it does seem very strange - that the RPA could engage in preplanning consultation with An Bord Pleanála on a Luas project but that the NRA could not do so in the case of a road project. It can certainly be done in the case of a factory or other large development. It makes no sense to me and I am not sure why it is so. It is not provided for in legislation. I do not think that necessarily means that it is precluded, but that is the way it is being interpreted. One thing that frustrates Ministers and the public is that very often millions of euro and a great deal of time can be invested in planning road projects which An Bord Pleanála rejects. It would make a great deal of sense to me if one could sit down with An Bord Pleanála to get a steer on what it might find acceptable or have a problem with. If an amendment could be made with the co-operation of my colleagues in the Department of the Environment, Community and Local Government and An Bord Pleanála, it could save us a lot of money and wasted time in the future.

Patrick O'Donovan (Limerick, Fine Gael)
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While I welcome the Minister's response, I raised this issue in the context of the situation in Adare, County Limerick which has virtually been left in Limbo because the local authority and the regional road design office are none the wiser about why An Bord Pleanála decided to reject the route of the road. I hope the N21 which conveys the bulk of the tourist traffic from Dublin and Shannon Airports to County Kerry and the south west will be prioritised as part of the capital envelope for future NRA work because the situation is intolerable. I will bring forward the amendment the Minister suggested and would like his officials to liaise with me on it.

Leo Varadkar (Dublin West, Fine Gael)
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I do not want to make a detailed comment on this issue. I know the NRA is considering afresh how the roads around Foynes and Adare could be improved. I have been stuck in Adare on several occasions and it is the major bottleneck on the way to County Kerry. I am very keen to make progress on the issue.