Seanad debates

Wednesday, 6 April 2022

Planning and Development (Amendment) (No. 2) Bill 2022: Second Stage

 

9:50 am

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Senators for engaging in the debate. We will have my speech circulated. I understood that it had been but we will rectify that forthwith.

I thank everyone for their contributions on the Planning and Development (Amendment) (No. 2) Bill 2022 and for facilitating its swift passage through the House. As I mentioned in my opening speech, the purpose of the Bill is to amend the substitute consent process which concerns retrospective EIA or AA in exceptional circumstances by removing the initial leave-to-apply stage, an initial stage which did not involve public participation. Related provisions clarify that an EIA and AA screening for planning authorities is also included. The Bill also proposes that an existing provision which is presently solely available to quarry projects to allow a simultaneous application for future development at the same time as a substitute consent application should be expanded to include all development types. This is to encourage remediation of existing unauthorised developments. However, as with the existing quarry provisions, if the substitute consent application is refused the future planning application must also be refused.

In the context of the wider planning system, substitute consent applications make up a small and statistically insignificant percentage of the overall number of planning applications. This does not recognise the important of the substitute consent process in bringing certain unauthorised developments back into the planning process where they can be subject to the appropriate environmental oversight and regulation.

I thank Senators for their contributions. I will reference a few points. As I detailed in my opening contribution, we will deal with the extension of the public consultation period by way of secondary regulations in context of the Planning and Development Regulations 2001. They will commence in tandem with this Bill, as I also referenced.

Senator Pauline O'Reilly raised local authority workforce planning, which is ongoing. We are resourcing additional capacity in our local authorities. The large-scale residential development Bill will facilitate that in the context of the increased fee share that will be going to the planning sections of local authorities.

The technical amendments are strictly on the advice of the Attorney General. We are bringing these to the House as a matter of courtesy to inform Senators. They will have to get Government approval to go forward on Committee Stage. We are flagging them with Senators and bringing robust scrutiny to them. They are technical in nature and recommended by the Attorney General. Some of them are time-bound, like the affordable housing amendment. We need to move forward at pace with that.

On quarries, we are treating everything the same way, as I referenced earlier. I also gave the rationale for trying to bring projects that might be unauthorised into the full regulation of the State with regard to environment matters, which is important. Obviously, the risk lies with the developer.

I have covered most of the issues. I look forward to dealing with the Members as we progress this Bill through the Oireachtas.

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