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

The third set of amendments relate to planning flexibility applications in the Planning and Development Act 2000. These amendments address the decision of Humphreys J. in the case Peter Sweetman v. An Bord Pleanála, Ireland and the Attorney General, and Bord na Móna regarding the design envelope approach for the submission of certain planning applications which require a degree of flexibility at the planning application stage as the final details of such developments may be unconfirmed at that stage. The High Court judgment disapplies also to flexibilities and replaces them with a very limited range of flexibilities which is insufficient for the operation of a modern and effective planning system. The amendments will introduce a pre-application procedure for planning applications seeking a level of flexibility with regard to details of the proposed development to be submitted as part of the application and are intended to legislate for an approach which facilitates flexibility while providing sufficient clarity to allow planning authorities to consider what level of information is appropriate on a case-by-case basis while also providing appropriate safeguards for environmental assessment. While it is intended the amendments will be of assistance to renewable energy applications, in particular, they are drafted to apply to planning applications generally. Any request for flexibility must be considered by the planning authority or, given the specific circumstance of the planning application, it is appropriate for the application to be made on a flexible basis.