Damien English (Meath West, Fine Gael) | Oireachtas source

The amendment by Senator Grace O'Sullivan is similar to the amendment previously tabled by Deputy Eamon Ryan on Committee Stage in the Dáil. We had some debate on the matter then. I opposed the amendment then and my position has not changed. That was a good while ago, early last autumn. This amendment relates to section 28 of the Planning and Development Act 2000, which provides that planning authorities should have regard to guidelines issued by the Minister in the performance of planning functions, in the determination of planning applications and in the adoption of development plans etc.

However, section 28 was amended in 2015 by the insertion of a new subsection (1C), which elaborated on the original provisions by introducing a new power whereby the Minister may, within section 28 guidelines, expressly state the specific planning policy requirements to be applied by planning authorities or the board, as appropriate, in the exercise of their functions. In regard to the content of guidance, this provision enables a distinction to be made between advisory and general commentary on the one hand and specific requirements that must be mandatorily applied by planning authorities in the performance of their planning functions on the other. This provision was critical in underpinning the revisions to the 2007 apartment standard guidelines, which issued in early 2016 and contained specific new requirements that must be applied to planning authorities concerning minimum apartment sizes, the number of lifts per number of apartments, car parking provision, floor-to-ceiling heights, the provision of dual-aspect apartments etc., thereby ensuring their consistent application by planning authorities.

These new advisory apartment standard guidelines issued under section 28 represented a change in national planning policy, which must now be implemented by planning authorities in the determination of planning applications and the adoption of development plans. The inclusion of the relatively new subsection (1C) in section 28 of the 2000 Act further enables future revisions to existing planning guidelines and allows new planning guidelines to be expressed or applied in a clearer manner. It will improve consistency and certainty in the planning process generally, by distinguishing in policy terms between matters to be determined locally by planning authorities and national policies set by the Minister of the day. There have been examples in the past where planning guidelines have been differently interpreted and implemented by planning authorities, giving rise to inconsistencies in approach on various issues. The new provision inserted in 2015, enabling the Minister to require planning authorities to mandatorily apply specific planning requirements, will help to overcome inconsistencies in approach by the planning authorities in the performance of their functions.

I must oppose the proposal by Senator Grace O'Sullivan to delete the provision. I understand why she has made the proposal but the reason we made the change a few years ago was that historically, we had seen the guidelines not being followed in some cases and we had to deal with that. I hope the Senator understands why I cannot accept her amendment.