Dick Roche (Wicklow, Fianna Fail)

The words "in relation to a proposed development to the Board" have a very specific purpose in that particular sentence, if one reads the entire section. To delete those words would have the exact opposite effect to that being sought. Section 37E(4) reads, "...prepare and submit to the Board a report setting out the views of the authority on the effects of the proposed development on the proper planning and sustainable development of the area of the authority, having regard in particular...". The balance of that section would be affected adversely by adopting the Senator's proposal. It would be unwise to do that. It is a complex section but to remove those words would not have the effect the Senator desires.

It goes on to state: "The manager of a planning authority shall, before submitting any report in relation to a proposed development to the Board under subsection (4), submit the report to members of the authority and seek the views of the members on the proposed development." I am very anxious, as I am sure is the Senator, that this be crystal clear. In this section of the Bill we want to do something that has not been done since 1963, that is, to provide in law a very specific right to elected representatives in councils to make observations on a planning application on which a decision is in the process of being made. It is important therefore that this particular section is precise and provides the planning authority and council members with a clear view of what is expected. I am conscious that this is breaking new ground. I believe the Senator welcomed it when we discussed it on Second Stage. It is to make it clear that people cannot decide to throw in the kitchen sink and everything else. The phrase, "the manager of a planning authority shall, before submitting any report", refers to a report on the specific case under review. It would be unwise to strike the words out because they tie down precisely what powers we are going to give the councillors. It is unique because this has not happened since the mid-1960s when the original planning regulations came in. It is very important that this is drafted with a degree of precision.