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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: We are almost out of time for the slot but there was a question on consultation in producing the scheme and the scale of outstanding substitute consent cases.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I thank Mr. Kelly. We are out of time on that slot but we might come back to the question of exceptionality and what are exceptional circumstances in a subsequent round.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I will continue on the topic of the pre-legislative scrutiny report we completed today on the large-scale residential development Bill. That report highlights the need for adequate resources at local authority level in the consent process, but also with forward planning and enforcement. Those are the three important parts of the planning system at local authority level. I thank Deputy...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I think it would be worth considering. We are pulling the two stages together to add efficiencies. I do not think it would undermine that efficiency to give a longer public notice that the substitute consent process has begun. I just make that point. We have talked about extending what was available to quarries, under section 261A of the Planning and Development Act 2000, for planning...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I have a follow-up question about the forward-facing planning application that would be judged after the substitute consent application and would also be done by An Bord Pleanála. Would those cases always have gone to An Bord Pleanála or would some previously have gone to the local authority? I am getting at the two-stage planning process whereby people have an opportunity to make...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: It does; thank you.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: We are in the third round now. Deputy Ó Broin asked to go first and I will go afterwards. Deputy Cian O'Callaghan also wishes to come back in. I ask anybody else who wishes to come in on the third round to indicate with the hand on the screen.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: Actually, you can make the third round the fourth round as well because I will give you ten minutes on this?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: Head 7 provides that one can enter into a pre-application consultation with the board. Let me see if I can find the section. Is it subsection 1(a) of section 177?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I am trying to find it here. I have notes scribbled under here. It states in the explanatory statement that it is proposed to amend section 177(e) to allow for pre-application consultations with the board. Normally, one would have had to have been referred by the local authority to do that in the past or by leave to the board to seek that. Is that correct?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: Could it be weaved into the public notification that something is happening on this site, or with this development, that somebody can apply to An Bord Pleanála for pre-application consultation. Does that have to be notified? Is there a newspaper notification or anything such as that?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I get that, and my suggestion was not that there would be public participation in the pre-application consultation.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: If someone was seeking a pre-application consultation with the board, would there be a notification of that that might inform the public that a substitute consent process was likely to commence at some stage? A notice would not need to be put in a newspaper saying that X intended to apply to An Bord Pleanála for pre-application consultation.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I am just suggesting it, as it might be helpful for the public to be aware that there is some sort of substitute development happening on a site that may have required substitute consent for years. It would be a pre-warning or pre-notification to people.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: If there is a site that requires an EIA but does not have one and now it requires substitute consent, the EIA, had it been produced at the time of application, would have set a baseline for the environment, that is, what the environment was like, the receiving waters, the soil quality or whatever may be the case. It would have suggested mitigation measures to offset any harmful action that...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I thank Mr. Kelly. I call Deputy O'Callaghan.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I think we have lost Mr. Kelly temporarily. We got the gist of the message, which was that this has stood up to European scrutiny and is robust.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: Does Deputy O'Callaghan want to keep going? He has a couple more minutes.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I thank the Deputy. We are in the third round now, so members may indicate if they wish to speak. I call Deputy Ó Broin.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development (Amendment) (No. 2) Bill 2021 (5 Oct 2021)

Steven Matthews: I thank Deputy Ó Broin. I will intervene to say that, now that our meetings are three hours long, it had been my intention to take a small break at the halfway mark to give people a break, if needed. Do members know how much longer they intend to continue? Does everybody wish to contribute? If so, I may propose a short break now.

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