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. 24:

In page 8, between lines 37 and 38, to insert the following: “Insertion of section 32N into Principal Act

32N. In the rendering of decisions in respect of applications under section 32A(1), the planning authority shall act in a manner consistent with the local development plan and county development plan of the local\authority area in which permission is being sought.”.

I will not speak much about these amendments because they relate quite closely to issues we have discussed. Amendment No. 24 requires the planning authority to act in a manner consistent with the local development plan and county development plan. Those points relate back to the previous amendments Nos. 7 and 10. The Minister has indicated an intention to try to find appropriate wording for those amendments. This is a similar matter.

Amendments Nos. 28 and 29 are a bit wider and I reserve the right to come back with further amendments on Report Stage. I was contacted by some interested residents' groups and community groups after the deadline for amendments. They have some proposals that might strengthen these amendments.

Amendment No. 28 inserts a new subsection into the principal Act stating, "Where a planning authority receives an application for permission to which section 32A(1) applies, observations shall be sought and recorded from individuals and groups and the planning authority shall have due regard to such observations". The concern here is the public and how we get it in. I know there is the submission process per serelating to objections. Something more proactive is required. This amendment deals with the health of our planning system in general.

There is a concern with these new different processes. Many people may have lodged an objection or observation with a local authority at some point in their life. However, An Bord Pleanála is quite difficult to navigate. It is quite different to lodge objections to that body. There is also a level of community consultation. Regarding the strategic housing development, it was notable that one or two very large-scale residential developments chose to bypass the strategic housing development process and go through a different process, with more active community and public engagement, leading to a better outcome.That is an example of what I was trying to get at. I had some really useful input and feedback from local residents' groups and community groups. I am going to produce a version of amendment No. 28 which reflects that more closely.

Amendment No. 29 would insert a new subsection (1D) into section 34 of the principal Act. It stipulates that where a planning authority receives an LRD application, the application shall be published on its website. Maybe the Minister will clarify whether this is already the case. I am aware that there have been major difficulties over the ability to gain access to information. Senator Boyhan referred to the difficulties that sometimes arise in respect of being able to access information. There are even issues over the ability to gain access to appropriately coloured materials and other materials. This issue has also arisen when applications have gone from the local authority area planning process to An Bord Pleanála. It can sometimes be quite difficult to get proper planning permission information from An Bord Pleanála.

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