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

We are bringing this back to a two-stage process. Regarding the LRD, it is going to the council. If someone objects to the original decision because he or she is not happy with it - it would be an objection at that stage - it then goes to the board. Every LRD application does not go to the board. An application goes to the board only if somebody decides to take it there. What we are doing is giving the public an opportunity to make an observation at the right stage. My view, which was the Seanad's view on Second Stage considering that there was no dissent, is that the principle involves bringing these matters back into the rest of the planning system, as is normally the case - like a two-stage process. That is what we want it to be. We do not want one stage and then the courts. This is not about going to the board. If applications are lodged, be it with Waterford County Council, Dublin City Council or another council, they are put on the system. If an application is taken to the board, the individual who takes it will be the one who objected at the initial stage. That individual is advised by the board. The individual will be the one who has made the objection. Such individuals are in the process then. We are reinstituting that right now.

On the other provisions concerning the making of planning applications under section 34 of the Planning and Development Act, all the requirements are already provided for. I refer to the taking into account of acting in a manner consistent with the local development plan and county plan. That is exactly what we are doing. I agree with what the Senator is saying but this legislation restores the primacy of the development plan. That is it in a nutshell. While I understand what the Senator is saying, all of these things are provided for already.

Let me refer to the only thing that is not provided for. I am trying to streamline the process. In circumstances where nobody has made any submission on an application, the Senator, in amendment No. 28, wants the planning authority to ask everyone what they think and ask interest groups whether they like what is proposed. That is about public participation, which is important, but I believe we have a transparent planning system at local level. That is what we need. I do not believe we can ask the planning authority to seek observations from individuals and groups. Who would those groups be, and who would decide what we do? It is in this regard that the transparency of the system is really important. That is what we all want and it is what the Senator wants, I have no doubt. Obviously, I cannot accept these amendments. Amendments Nos. 24 and 29 are provided for already. Amendment No. 28 requires the proactive seeking of submissions, which is more appropriate in respect of a development plan. In fairness, this is done by way of the publication of draft plans and the seeking of submissions and written statements. All of these are done, but probably not at a planning permission stage. Is that acceptable?