Seanad debates

Wednesday, 25 November 2009

Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed)

 

4:00 pm

Photo of Paudie CoffeyPaudie Coffey (Fine Gael)

Section 16 deals with the role of regional authorities in variations of development plans. Reference is made in section 16 to section 27C(1), which states: "Where a regional authority receives a notice from a planning authority under section 13(1)". I presume that refers to a proposal to vary a development plan. Section 27C(3) states: "Where the opinion of the regional authority stated in the submissions or observations made and the report issued is that the proposed variation of the development plan and its core strategy are not consistent with the regional planning guidelines". Who will dictate that those submissions are not consistent with the regional planning guidelines? Will it be the Minister or the director of that regional authority?

A variation would not come before a regional authority unless it had been proposed by the constituent local authorities or by the county or city manager and subsequently approved by that local authority. Who has the final say in whether a variation is consistent with the regional planning guidelines if that is proposed in a regional plan? Where does the accountability lie for that decision? Clarity is required in such a fundamental aspect of our planning legislation. If a variation is proposed it will be decided upon by either the regional authority as a body, the director or the Minister. I would appreciate if the Minister of State would provide clarification on that point.

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