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Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: This was published after-----

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: Density guidelines would help.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: Before I come back to my primary questions, on that point, in the case of a significant wind farm the planning authority has to do a substantial amount of work for a development that may or may not be able to proceed. Is there not a case in such an instance for the planning process to be paused to allow the courts to resolve issues of land ownership?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: This is helpful. I want to go back to two questions that I asked earlier. I will give Mr. Lawlor an opportunity to put on the record in more detail the concerns he outlined initially about Parts 2, 9 and 11 with regard to development management and judicial review. I also have a question for Mr. Jones with respect to the shift from voluntary ministerial guidelines to what I prefer to call...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: I presume the same could potentially apply to local authorities with regard to large-scale residential developments.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: I mean with regard to the initial timeline.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: In the pre-application phase.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: I will give a specific case. Let us take two large-scale residential developments, one for 100 units and one for 600 units. Mr. Lawlor is correct that there is a clear statutory requirement for a preplanning process for both. Is it reasonable to expect a planning authority to make a decision on a 600-unit development and a 100-unit development in the same time?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: Will Mr. Jones address the ministerial policy statements?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: Are they ever quick in the Custom House?

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: For the non-planners in the room, will Mr. Jones explain in plain English the difference between allowing policy statements on forward planning matters but not on development management because that is an important distinction to make? The second issue is that the Department told us it is still writing the transitional arrangements that are to deal with those. Both the witnesses have...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: The transitional arrangements are not in the Bill. They are still being drafted. I thought the IPI would be intimately involved in conversations on those, given how central they will be to the early implementation of this Bill.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: Is that not concerning? Part of what the Bill is meant to do is to fix a number of points of conflict that have arisen in our planning system in recent years. The ministerial policy statements and various provisions for subsequent amendment to existing plans are an attempt to fix stuff that was not right previously. We have transitional arrangements and do not know if planning...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: I do not want to stop Mr. Lawlor's flow but the Department would tell us that there has been significant engagement with the planning advisory forum and so on. I have no doubt that much time was spent on that but many sectors have come into us, including local government, with the IPI now saying something similar, to say that engagement was of limited value in understanding the logic behind...

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: I would be interested to hear everybody's view at this point.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: Omissions, even.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: Let me ask again. I am interested in hearing people's views on this across the panel. There is an expectation, certainly from the Minister, that this bit of the process will be the shorter bit. What I am actually hearing from the witnesses is that if we do not give an adequate amount of time to tease out all these issues, we could end up with a Bill with as many problems as positives....

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: Does Mr. Lawlor think the legislation contains those open goals? That is the implication of his statement.

Joint Oireachtas Committee on Housing, Planning and Local Government: General Scheme of the Planning and Development Bill 2022: Discussion (Resumed) (23 Feb 2023)

Eoin Ó Broin: I have a number of follow-on questions. We had an interesting conversation in the last session and Mary Henchy of DĂșn Laoghaire-Rathdown County Council was teasing out some of her thoughts on this. It goes back to the area of ministerial policy statements versus the local plans of various kinds and how we get the balance right on the need for any Government to frame State-wide policy...

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