Seanad debates

Tuesday, 16 November 2021

Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021: Committee Stage

 

2:30 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 20:

In page 8, between lines 37 and 38, to insert the following: "Insertion of Section 32J into Principal Act

32J.Within 18 months of the commencement of sections 32A to 32G inclusive, a review shall be conducted by An Bord Pleanála and where new regulations with regard to planning, including regulation in respect of the environment and disability, supplementary documentation must be submitted to the planning authority by applications not yet granted permission which demonstrate incorporation of any new regulations.".

Both of these amendments address a similar scenario. It is somewhat similar to the issues that I suggested we should address in the pre-meeting stages. I believe they could be worded in a stronger way and I will consider rewording these and producing reworded versions of them on Report Stage. For now, I will highlight the core policy intent of these amendments Nos. 20 and 21.

Amendment No. 20 inserts a new section into the principal Act, which would require that within 18 months of the commencement of the new sections that are being inserted, namely, sections 32A to 32G, inclusive, there would be a review conducted by An Bord Pleanála which would identify new regulations in relation to planning, including regulation in respect of the environment and disability, and where appropriate, in relation to applications that are in process but have not yet been granted permission, supplementary documentation would be submitted which demonstrate the incorporation of any new regulations.

This relates to the fact I highlighted previously. There will be a strengthening of disability regulations and of disability access regulations, both in terms of Part M in terms of universal access and in terms of the rights of persons with a disability in relation to shared public spaces and, indeed, other amenities. There is planned to be new directives coming from Europe in respect of planning, particularly in terms of planning in environment. A core element of the Fit for 55 package of new law coming from the EU in respect of climate includes new measures and new directives in respect of environment and climate emissions. That will change building standards. Amendment No. 20 is giving the responsibility to An Bord Pleanála to almost assess what are these new measures and to ask that supplementary documentation would be submitted in relation to applications which are in train with it.

Amendment No. 21 relates more to planning applicants who may have received the permission and seeks that they would provide supplementary documentation demonstrating how they have incorporated the new directives into their development. We do not want a situation whereby applicants for large-scale residential development either make an application or are granted permission and before they effectively commence work - that is the key element and the word "commencement" or a commencement clause should be included in these amendments, the regulations, that is, the European directives and laws change but because they have been granted permission previously or because they made their application before the new change in directives and the new change in standards, those standards will not necessarily be reflected in the development.

This is that core point I made earlier where these are big building blocks in the future residential development, the future building and the future capital infrastructure of the State and it is important that we get them right. I am open to rewordings of my amendments Nos. 20 and 21, as I believe they are imperfectly worded and I may refine them further on Report Stage. However, the core policy intent I hope the Minister can address is the question of how do we ensure that the new and best standards - this is not hypothetical as these are new standards we know are coming, particularly in respect of environment, as well as in respect of disability - are reflected. For example, if we have 627 new residences being built, we want to make sure they are up to the best new standards and that we have not effectively committed ourselves with a hostage to fortune to a lesser standard. Perhaps the Minister might engage in terms of that question of the core policy intent here, which is the new European directives and building regulations. At different points, if a project has already made an application or has been granted planning permission but has not yet commenced, can the Minister confirm that there will be measures to ensure and indicate how those projects will comply with the best of standards and regulations if they have changed in that interim period?

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