Seanad debates

Tuesday, 31 May 2022

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

 

12:00 pm

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

It is not a matter of what An Bord Pleanála would do. The issue is that a stage would be skipped. The question of the two issues being bundled is not one that I raised. The Minister raised the fact that having the two applications combined creates a different dynamic. It is not about each thing being considered on its merits. The fact is that a substitute consent application is considered at the same time as a new planning application. I have no problem with An Bord Pleanála considering planning applications after they have gone through the proper process, which happens all the time. I note that it is not simply about a road and another nearby road. Perhaps the Minister will clarify this. The legislation does not require that the development be related, such that a road could be rerouted. It could be a question of having a quarry and wanting to build an unrelated factory on an adjoining site. As I understand it, the requirement is simply that it be on related or adjoining land rather than having a related purpose. That is a key difference. One can have substitute consent for one thing that allows one to then go directly to An Bord Pleanála about something different. I think that is relevant.

I know people would like to bypass the local authorities, but I also know that many issues are rightly identified during the local authority process. Using the Derrybrien wind farm as an example, there is a reason that we have faith in the planning system. If we have faith in the planning system, why skip a stage of it? Why skip the stage of the planning system where local authorities are involved? If we have faith in the planning system, why not realise that there is value in the multiple stages? It results in better projects that have been quizzed and which have been pushed to meet standards. They did not make terrible mistakes which result in us paying fines or having to do messy mop-up operations. There is a reason for having a multi-stage planning process. I have faith in it, but I do not have faith in the idea of short-circuiting it, because we are more likely to make mistakes and to see planning for projects go through which then requires retrospective fixing. I do not believe that those with an unlawful development on their site should have a more advantageous situation-----

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