Darragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I thank Senators for the amendments. I will deal first with amendment No. 7, tabled by Senators Boyhan, Keogan and Craughwell. There is much merit in the amendment but, as highlighted by Senator Boyhan, there is an issue with the wording of it. I had intended to do what is proposed by way of regulations but I am happy to work with the Senators on a re-worded amendment for Report Stage. We need to get the wording correct. I respect where the amendment comes from. We need to make sure there is an appropriate role for local authority members. The purpose of the legislation is to return planning with regard to large-scale developments to the local authorities. Let us not lose sight that this is about planning applications, not development plans. Senator Casey has dealt with what would be required to be submitted by way of these applications. I will work with Senator Boyhan and his colleagues on a revised amendment which can be brought forward on Report Stage. I am unable to accept the amendment today owing to the structure of it. It contains an incomplete phrase and it is an incomplete provision. I am certain we can bring forth a revised amendment. I will accept the amendment on Report Stage, subject to us being able to agree the content of it.

I am happy to accept Senator Higgins' amendment No. 13. I agree that the information should be retained and made available at such time as a planning application in respect of the proposed development is made. I am happy to accept the amendment as drafted. As I said, I will accept a Report Stage amendment from Senators Boyhan and Keogan. We just need to work on the language therein. I cannot accept amendment No. 17. I do not believe that any Minister would bring forward inappropriate regulations. I do not intend to ever do that. We need to provide in legislation that it is done correctly and we will do that. In fairness, we could include that provision in all legislation, regulation and so on. I understand the Senator's point that it is not about expediency or anything else. Any regulations that we propose to bring in would have to be appropriate. That would only be done where the regulations are appropriate. I will not be accepting amendment No. 17.

Amendments Nos. 11 and 12 seek that we would have due regard to public duty on equality and human rights and the need to prioritise the delivery of social housing. I agree. The Land Development Agency Act 2021, which was passed by the Dáil and the Seanad, provides that in population centres of over 150,000, we provide 100% social and affordable housing. I note that the Senator did not support that legislation. I am in favour of social housing and affordable housing. It was on that basis the changes to the Part V provision were brought forward and the Affordable Housing Act 2021 was enacted. That legislation is in place now, along with the largest ever housing budget. We have a fully funded plan under Housing for All. The Senator spoke about the delivery of social housing and the State prescribing the documents that the developer must submit at the LRD meeting. These matters should be considered, and are considered, on a regular basis in terms of the overall policy of my Department and the overall effect of the legislation brought forward by my Department, rather than as new matters submitted for the purpose of an LRD meeting. We need to have an overarching policy and I have provided that. In terms of the Part V provision and protection of the 10% social requirement and allowing for the additional 10% to be affordable, that is a national policy. We cannot be prescribing that at a local level. I cannot see how I could accept amendments Nos. 11 and 12 and I will not be accepting them.

As I said, I will accept amendment No. 13. I appreciate Senator Higgins' tabling that amendment. Amendment No. 10 provides that the Minister may make regulations to require the developer to submit the local area plan as part of the documents required. This amendment is not considered necessary in this instance. I intend to regulate for that.

To return to Senator Boyhan, I am happy to work with him on a revised amendment for Report Stage. I understand the sentiment and the reasoning for that amendment. Amendments Nos. 8 and 9 provide that we prescribe that information related to the principal of universal design and the estimation of greenhouse gas associated with building, including embodied energy from demolition, must be submitted, again, as part of an LRD request. As the issues proposed by the Senators are already addressed - as they are by a cross-cutting combination of requirements and measures relating to building regulations and controls, universal design guidance, road and street design - are more relevant to construction waste standards than to planning legislation, it is not appropriate or necessary to include the provisions set out in those amendments in the Bill.

As I said, I will work on amendment No. 7 with Senators Boyhan and Keogan in advance of Report Stage on Thursday. I will accept amendment No. 13. I thank the Senators for tabling their amendments.