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

Amendment No. 20 relates to the updating of LRD requirements in light of new planning regulations. The Senator said that she might explore the wording further for Report Stage, but as it stands, this amendment is not necessary as under section 34(1) of the Planning and Development Act 2000 the planning authority may only grant permissions where all the requirements of existing regulations have been complied with. Regarding the idea that An Bord Pleanála would review regulations, that body must comply with regulations and it does not review them. The board complies with the planning regulations that we set down because it is a planning authority. I do not think, therefore, that what is being suggested would be appropriate. It might cross over the area of responsibility of An Bord Pleanála, which is an independent planning authority. The Senator mentioned that she may wish to have a look at the wording of this amendment and tighten it up, but I cannot accept it now.

Turning to amendment No. 21, in real terms this would be retrospectively applying EU directives to LRD developments. Under this legislation, that permission would already have been granted. Planning legislation cannot impose obligations retrospectively, and that is one of the things we have discussed here often. In a situation where an application has gone through or is going through a process in the planning system which was in place at the time the application was lodged, then it must also conclude in that process. It is not possible to retrospectively change it. Furthermore, EU directives do not have retrospective effect. I take the point the Senator made about standards. We have exacting and good building standards, and rightly so, and they are applied, as are good planning standards. I am not, therefore, in a position to accept either amendment No. 20 or amendment No. 21.