Seanad debates

Tuesday, 21 June 2022

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

 

12:00 pm

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

I wish to speak on section 19. The section amends section 177N of the principal Act and deletes the phrase "for leave to apply for substitute consent" throughout. Section 177N provides for the powers of the Minister to make regulations regarding substitute consent. This section will remove the powers of the Minister to make regulations in respect of leave to apply for substitute consent. To be extremely clear, it would mean a more favourable situation for developers, something that I believe risks a bar of incentivisation or reward for developers.

I know the Minister of State will not accept what I propose because the fundamental purpose of this Bill is effectively to change our mechanism for substitute consent. Ireland has been called out for failing to do what was required of it properly and it put together, however imperfectly, a mechanism around substitute consent. The decision made a very short period later to start diluting the associated process and the checks and balances within it, including in respect of seeking leave to apply for substitute consent and the power of local authorities in terms of requesting it, is a regressive step in terms of oversight. In that context, I just have to oppose section 19.

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