Seanad debates

Wednesday, 23 November 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed)

 

10:30 am

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

One question deserves a detailed answer. We have rehearsed some of the issues around fees for objections and so on. We will do something on that. There is a separate Bill wherein there are recommendations in that regard. We will follow through on that.

The question on the lack of appeal deserves an answer. That goes for many sections in this legislation. This provision only applies to large-scale housing developments because the majority - not all, as Senator Landy mentioned - of large-scale residential planning applications get appealed or objected to by someone at An Bord Pleanála level, and that is where an application ends up for final decision anyway.

In this measure, we are trying to streamline a process whereby local authorities, through the local planning authority, effectively make a positive or negative recommendation, including on conditions, that An Bord Pleanála will then take into account as part of the nine-week pre-planning process before undertaking the formal assessment process to make a decision. There is a built-in double check, as it were. There is an initial recommendation and the formal assessment and decision. There will be an opportunity for councillors to have their say during the pre-planning process and there will be an opportunity for them and the public to make an objection and observation when the formal planning assessment is being made by An Bord Pleanála.

We are trying to take a belt-and-braces approach, one that is not much different than a planning decision being made and then appealed, that is, it is formally examined twice. Under this measure, a decision will be informally examined the first time and formally decided on in the second stage of the process so that we can have a statutory process that goes from consideration to decision within a 25-week period.

I take the point about appeals. Anyone who says that there is always the option for a judicial review is giving a nonsense answer.

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