Seanad debates

Wednesday, 13 June 2018

Planning and Development (Amendment) Bill 2016: Report Stage (Resumed)

 

10:30 am

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

This amendment, which proposes to introduce a new classification of "communications and data infrastructure", will allow data centres above a specified size threshold to be designated as strategic infrastructure development in the Seventh Schedule to the Planning and Development Act 2000, as amended. In effect, this will allow planning applications for qualifying data centres to avail of the fast-track planning arrangements that apply to strategic infrastructure development under the planning Act.

The existing fast-track arrangements for the determination of planning applications for strategic infrastructure developments were introduced in 2006. These arrangements relate to proposals for specific forms of strategic development, including energy infrastructure like power plants and oil refineries, transport infrastructure like airports, ports and motorways, environmental infrastructure like waste disposal installations and wastewater treatment plants, and health infrastructure like hospitals.

Data centres are essential infrastructure for the operation of companies in the digital economy. Many leading global players in this sphere are already operating in this country. Accordingly, such centres are an increasingly important aspect of our foreign direct investment package. Their presence here significantly enhances our reputation as a location for foreign investment. We recently saw the consequences of delays in obtaining planning permission for a substantial high-profile data centre project in the west of Ireland. We saw the subsequent further delays arising from court challenges to the planning permission for the data centre project in question.

In light of this recent case, and having regard to their strategic national and regional economic significance in terms of jobs and investment, the Government has approved the inclusion of data centres with a gross floor space in excess of 10,000 sq. m within the planning arrangements for strategic infrastructure developments. This will allow a more streamlined one-stage direct application process to An Bord Pleanála instead of the general current two-stage process involving initial application to the local authority concerned, with the possibility of a subsequent appeal to An Bord Pleanála. This process can take anything from eight to nine months and in some cases up to two years.

To supplement the proposal regarding data centres, it is proposed, subsequent to the enactment of this Bill and under the provisions of section 37J(5) of the planning Act, to prescribe in regulations a mandatory maximum timeframe for the determination of planning applications in respect of data centres by An Bord Pleanála. This will give project promoters greater planning certainty about the timelines for the determination of such planning applications. These proposed arrangements with regard to data centres are part of a wider package of measures being developed, including the streamlining of the judicial review of strategic infrastructure projects generally. These measures will be proposed later this year in the next planning Bill.

I hope Senators on all sides of the House can support and accept this important amendment, which relates to the inclusion of data centres under the planning arrangements for strategic infrastructure developments. It sets out clearer timelines. People will still have an opportunity to raise concerns and have their objections dealt with. We need to bring more certainty to key parts of the development of infrastructure.

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