Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I will address opposition amendment No. 7. While I understand the intention behind the proposed changes, I must oppose this amendment. Proposed new sections, section 9A(1) and section 9A(2), to be inserted into the 2000 Act, set out two alternative means of initiating the process set out in the Bill, in respect of taking an additional period of time to prepare a new development plan. Section 9A(1) provides that a planning authority, in practical terms, the executive of the authority, can initiate the process. Under section 9A(2), the members of the authority can initiate the process. Where such an initial decision has been taken, proposed new section 11D(1) provides that a planning authority may decide to extend the existing development plan, but only subject to complying with section 11D(2) and (9), which includes at subsection (9), the requirement for the decision to extend the duration of the existing development plan to be made by the members of the authority. It is not necessary to require such a decision to be subject to compliance with section 11D(10), as has been proposed by the amendment, as that subsection relates to a notification of the decision itself.

Where a decision has been made under proposed new section 11D to extend the duration of an existing development plan, the members of the planning authority may then, under new section 9A(3), decide to take additional time to prepare the new plan. The obligation set down in subsections (12) and (14) must be complied with. It is not necessary to include a provision to this effect.

In summary, the provisions, as set out in the Bill, allow for the process to be initiated by either the executive or the members of the authority. However, any decisions relating to the extension of the duration of the existing plan, and the final decision to take additional time to prepare the new plan are reserved functions. Accordingly, amendment No. 7 is rejected.