Anne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I am taking this matter today on behalf of the Minister of State at the Department of Housing, Local Government and Heritage, Deputy Peter Burke. As in the previous matter, I will read the script provided to me, following which I will offer my own opinion.

I thank Senator Boyhan for raising the matter and providing me with an opportunity to clarify the position. The making or variation of the statutory development plan of a planning authority is set out in sections 9 to 13 of the Planning and Development Act 2000, as amended. The development plan preparation process provides for the identification and protection of structures for addition to or deletion from the record of protected structures, RPS. Section 11 of the Act provides the procedures and process for the preparation of the draft development plan, including any buildings or structures to be included in the RPS. Section 12 of the Act stipulates the public consultation exercise to be undertaken for the draft development plan, including a public display period of a minimum ten-week duration, during which time members of the public and others may make submissions to the planning authority. Section 12(2) of provides that a notice under subsection (1) shall state that a copy of the draft may be inspected at a stated place or places and at stated times during a stated period of not less than ten weeks and that written submissions or observations with respect to the draft made to the planning authority within the stated period will be taken into consideration before the making of the plan.

Following consideration of submissions received by the planning authority, the elected members may subsequently propose that material alterations to the draft development plan be made under section 12(6) of the Planning and Development Act and a period of not less than four weeks' public consultation must be held for the receipt of submissions on same. The legislation governing the material alterations stage of the development plan preparation process does not explicitly specify that a planning authority may or may not add to or delete from the RPS at material alterations stage. However, this part of the legislation does not specify any type of proposed material amendment. It is understood that the scope of material alterations that may be made to the draft plan includes material alteration changes to the RPS. In this regard, it is significant to note that after public display of the proposed material alterations, when they are subject to final consideration by the elected members of the planning authority, the possibility for any further modifications to the RPS being introduced is specifically excluded at that stage under section 12(10)(c)(ii)(II) of the Planning and Development Act. It is of further note that the variation process under section 13 of the Act, which may include proposals to add to or delete from the RPS, is based on a public consultation period of not less than four weeks.

The Minister of State with responsibility for local government and planning is aware that the Dún Laoghaire-Rathdown County Development Plan 2022-2028 is currently in preparation by the county council, with the publication of a draft plan expected shortly.

I await the Senator's commentary on the reply which I will report to the Minister of State.