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

I will address amendment No. 12, which I must oppose. The proposed new section 11D(2)(a) already provides that screening for strategic environmental assessment and appropriate assessment is undertaken as a minimum in order for the planning authority to be satisfied that "the effect of the proposed extension of duration of the existing development plan for the area ... is not likely to have significant effects on the environment or to have a significant effect on a European site, or both".

It should be noted that it is not necessary to refer to section 9A in this provision, as proposed by the amendment, as section 9A relates to the taking of additional time to prepare a new development plan. The current provisions within the Planning and Development Act 2000 already require a strategic environmental assessment and an appropriate assessment to be carried out in respect of the preparation of a new development plan independently of the particular temporary provisions set out in this Bill.

Where necessary, the proposed new section 11D(2)(b)already provides that a strategic environmental assessment or appropriate assessment, or both such assessments, as the case may be, shall be carried out before any decision on the extension of the duration of an existing development plan can be made.In summary, the provision as drafted in the Bill permits a planning authority to screen in respect of strategic environmental assessment, SEA, and appropriate assessment, AA, under paragraph (a) and, depending on the particular circumstances, this may be sufficient to satisfy the planning authority as to the environmental effects and effects on a European site. However, where this is not sufficient, paragraph (b) provides for the planning authority to carry out a strategic environmental assessment, appropriate assessment or both such assessments as the case may be. It is not appropriate for both screening and full SEA and AA to be carried out in all cases as requirements will depend on particular circumstances.

Under section 11D(4)(b)the planning authority is already required to make a copy of any relevant assessment under subsection (2) available for inspection. The provisions sought under amendment No. 12 are either already provided for, or are not appropriate and, accordingly, the amendment is rejected.

I oppose amendment No. 14 as tabled by Senator Higgins. Subsection (2) of proposed new section 11D requires that before making a decision under subsection (9) to extend the duration of the existing development plan, the planning authority must be satisfied that:

(a) the effect of the proposed extension of the duration of the existing development for the area is not likely to have significant effects on the environment or have a significant effect on a European site, or both, or

(b) a strategic environmental assessment or an appropriate assessment or both such assessments, as necessary, has or have been carried out in respect of the effect of the proposed extension of duration of the existing development plan for the area.

The provision as drafted in the Bill permits a planning authority to screen in respect of strategic environmental assessment and appropriate assessment under paragraph (a) and, depending on the particular circumstances, this may be sufficient to satisfy the planning authority as to the environmental effects and effects on a European site. However, where this is not sufficient, paragraph (b) provides for the planning authority to carry out a strategic environmental assessment or an appropriate assessment or both such assessments as the case may be. As such, it is not appropriate for both screening in full SEA, or AA, to be carried out in all cases as the requirements will depend on the particular circumstances. On this basis, the amendment is rejected.

Government amendments Nos. 13 and 15 are technical drafting amendments recommended by the Office of the Attorney General to ensure that where a planning authority is considering the effects of a proposed extension of duration of an existing development plan on an environment and the integrity of a European site they must also, as appropriate, consider the proposal in combination with any previous extension of that plan.