Paudie Coffey (Fine Gael) | Oireachtas source

Like my colleague, Senator Paddy Burke, I welcome the amendment. There was much debate on Committee Stage by Senators on all sides of the House who were asking that an opportunity be given to elected representatives to express and record their views and, if they have any, concerns on applications in their local areas and to submit them as part of any report that goes to An Bord Pleanála for decision. It was also noted on Committee Stage that this was a concern of the Association of Irish Local Government, which is one of the representative bodies for elected members. I am satisfied that the matter is being addressed and thank the Minister for taking into account what he heard in the Seanad on Committee Stage.

It is also important to put on the record that under this legislation no development can or will get permission if the lands are not already zoned. The reserved function of the elected members has primacy. They zone lands appropriately so that our towns, villages and cities can grow in a sustainable way. It is important to note and to reiterate this evening that the legislation will not allow An Bord Pleanála to grant permission if the land is not already zoned. The Minister of State may wish to clarify the situation, if he wishes, but to me this legislation enhances the powers of local authority members for large scale developments of over 100 houses. My understanding is that An Bord Pleanála could, if it justified it, grant permission for developments on lands that were not zoned or where zoning needed to be changed. Under this legislation, the lands must be zoned residential. This is a positive aspect of the Bill which needs to be communicated to our local authority elected members as well as the executives of councils.

If the legislation is passed, how does the Minister of State intend to notify local authority elected members and executives of its provisions? Will it be by circular or directive? This is emergency legislation and we want to see applications moving forward. It is, therefore, important that councillors and the executive are fully aware of the legislation once it is passed by the Houses of the Oireachtas.

On the power of councillors in respect of material contraventions and the recommendation of a chief executive officer, does the process under this legislation allow a chief executive officer to recommend a change in zoning to a council? Normally, this might apply to the accommodation of extra housing, etc., on the borders of a zoned area. Alternatively, does it have to be dealt with fully in the county development plan? In other words, does a material contravention come into play under this legislation. It may or it may not. Will the Minister of State clarify the situation?I thank the Minister of State for taking for taking this into account. The primacy of the local elected member, the councillor, is being enhanced in this legislation. I welcome that.