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

I thank the Senator for these amendments that relate to the process surrounding applications for modification of permission. I hope this will clarify matters for the Senator. The inclusion of provisions for the modification of previously permitted developments under the large-scale residential development legislation seeks to provide legal clarity in respect of such applications.

I will explain further. Under the strategic housing development process, which, with the passing of the Bill, is to cease, applications for modification under the process are submitted directly to An Bórd Pleanála. To avoid any type of gap or lacuna in the legislation in respect of strategic housing development permission, given the proposal to reinstate the role of the planning authority as the consenting authority for large-scale residential developments through the Bill and to get back to what we are doing here which is fundamental, it was deemed appropriate that applications for modifications to strategic housing developments as well as large-scale residential developments would be made directly to the relevant planning authority in the first instance. This must be a good thing.

Where modifications proposed to a previously permitted development are deemed by the planning authority to be minor in nature, there is a provision in the Bill for the planning authority to determine that pre-application consultation is not required and that the planning authority need only consider the proposed alterations in determining the application. This is a common sense provision. It reflects the minor nature of some modifications proposed that will have been subject already to initial pre-application consultation. It will allow for a more efficient use of what is a finite and valuable resource in the local authorities, which is the planners themselves, so they do not spend time doing things they should not be doing.

As mentioned previously, the proposed amendments relate to building regulations that are already addressed under a separate legislative code and have not, therefore, been included in the Bill. They are very important, as are standards, access and design for life, but the Bill is not the place for them. The regulations are in place. For these reasons, I will oppose amendments Nos. 30, 31, 36 and 37.