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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: We will resume pre-legislative scrutiny of the draft planning and development Bill 2022. This is the concluding meeting of our series of meetings on the draft Bill. From the Department of Housing, Local Government and Heritage, we are joined today by Mr. Paul Hogan, acting assistant secretary, Ms Mary Jones, principal officer, Mr. Eugene Waters, assistant principal officer, and Ms Claragh...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: I will go now to members' questions, of a round of seven-minute slots. I call Senator Fitzpatrick.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: There will be, Senator. I will move on now and I call Deputy Ó Broin.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: I will facilitate anybody who has to go to the Chamber for questions and come back. I will make sure that everybody gets a chance to ask questions. Senator Boyhan is next.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: I thank Mr. Hogan. I will go to Deputy O'Callaghan now because he is under time constraints as well.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: I will take the next speaking slot. We do not have details on the proposed cost scheme but we know that the Department of the Environment, Climate and Communications will be responsible for establishing it. Without the details, it is difficult to assess whether this part of the Bill is deliverable or complies with the Aarhus Convention and so forth. Not having them is disappointing. What...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: That clarified the section.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: In terms of managing cost protection.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: There is doubt over whether section 50B is compliant with the Aarhus Convention.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: Ms Mulhern is essentially saying that it will be a universally accessible scheme, whereas section 50B has what is almost a filtering system through the no foal no fee concept, where barristers and solicitors take a case based on whether they believe it is winnable.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: Let us turn to section 333 of the Bill and the details to be included in the planning register. Section 7(2) of the Act sets out what is to be included, but section 333 does not. Why is that?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: Why do that in regulation when the details are in primary legislation currently?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: It can be done via statutory instrument. In other words, new primary legislation would not need to be passed by the Oireachtas.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: Under section 335, it is not clear if the register will be available online. Subsection (1) states "The register and documents referred to in section 334(1)shall be made available for". However, subsection (3)(a) states "a planning authority may, and shall where it is prescribed in regulations, make all or any part of the register or any documents referred to". Is it the case that what is...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: Please. Why are we limiting it to 12 years under section 335(5)? Actually, the numbering does not seem to follow. My page numbering seems to have gone askew. Regardless, the information is only to be retained for a period of 12 years. Why is that? In digital format, the information could be there in perpetuity.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: The information could be available indefinitely. Often, there is a need to look back on a planning file for information.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: Part 11 is on enforcement. Would it be beneficial if local authorities reported to the Planning Regulator or the Minister where there were delays in planning enforcement or getting responses to warning letters or where the local authorities proceeded to enforcement? Would it be beneficial if someone had oversight of that?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: Maybe for the Minister or the Department.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (9 Mar 2023)

Steven Matthews: I am not referring to the Department having the details of cases or to ministerial involvement. Rather, I am referring to people being aware of where there are delays in enforcement proceedings.