Alan Dillon (Mayo, Fine Gael) | Oireachtas source

I thank the Senators for their input. I will first address amendments Nos. 26, 27, 31 to 38, inclusive, 42, 43, 50 and 51, tabled by Senators Higgins, Ruane, Black and Flynn, which all relate to Part 2.

Amendment No. 26 seeks to amend section 7, which relates to change of use. The amendment seeks to provide that a change in use of an artistic or cultural premises to a primarily retail or commercial purpose is a material change in use. I cannot accept this as it is imperative that we respect the expertise and decision-making capabilities of professional local authority planners when it comes to making decisions and recommendations with respect to planning applications, especially as this work must be carried out while taking into account all relevant considerations, including relevant development plans. While I appreciate the intent behind Senator Higgins's proposal, I am not in agreement with the approach proposed and, having full confidence in our planning authorities and their ability to correctly consider material change in use applications, I am unfortunately not in a position to accept this amendment.

Amendment No. 27 seeks to add a new paragraph 9(6)(c) to provide for additional requirements in respect of developments that do not require an environmental impact assessment or appropriate assessment. The proposed new paragraph will not work for the purposes of this subsection. This is because, as per paragraph 9(6)(b), the subsection can only come into effect where an EIA or AA is required to be carried out. For this reason, I am not in a position to accept this amendment.

Amendments Nos. 31 to 38, inclusive, all relate to exempted development declarations in sections 10 and 11. Amendments Nos. 31 to 33, inclusive, 37 and 38 seek to broaden the scope of section 10 to include environmental NGOs and to allow third parties to seek a declaration. I am not in a position to accept these amendments but I will point out that I did bring forward amendments on Report Stage in the Dáil to extend the definition of relevant person in this section to include environmental NGOs holding the relevant bona fides. This means that such organisations will be able to seek a declaration.

Amendment No. 34 seeks to amend section 10(4) to provide that a person who is not the owner of the land shall, when requesting a declaration, make reasonable attempts to notify the owner of his or her request for a declaration. We discussed this matter with the OPC and this is unnecessary as section 391 deals with service of notice requirements and section 391(4) deals with instances where the owner cannot be ascertained.

Amendments Nos. 35 and 36 propose a number of changes to section 10(c).I do not agree with the need to reduce the number of days within which a planning authority or the commission must publish their decision from five days to three days. Section 10(10)(c)(ii) is clearly drafted so that members of the public can inspect the relevant documentation at a physical location if unable to avail of the option to view such documentation online. For these reasons, I am not in a position to accept these amendments.

Amendments Nos. 42 and 43 seek to amend section 12, which is a transitional provision for declarations and requests for declarations made under section 5 of the Act of 2000. Having reviewed amendments Nos. 42 and 43I have determined that they are not necessary. The saving of any request, application or appeal is already provided for under section 12(2), and the Act of 2000 will continue to apply and have effect in relation to those requests, applications or appeals. Therefore, I see no reason for amendment No. 42as it is a duplication of what has already been provided for. Similarly, amendment No. 43 is not required since section 12, as currently drafted, already provides that the Act of 2000 continues to apply and to have effect. For these reasons I cannot accept these amendments.

Amendment Nos. 50 and 51 relate to section 13 of the Bill and the licensing of appliances on public roads. Amendment No. 50seeks to amend section 13(8)(b) to provide that instead of a deemed grant of a telecommunication licence on the failure of the planning authority to make a decision within the timeframe, such licences should be deemed refused. The provisions relating to a deemed decision to grant a licence have been carried over from the Act of 2000 for the purposes of the Bill. This provision is fair and reasonable and should be retained in the new legislative framework. For that reason, I am not in a position to accept this amendment.

Amendment No. 51 seeks to insert a provision that notwithstanding the ability for a deemed decision in relation to electronic communications infrastructure, no such decision shall be deemed to be granted where the licence involves an environmental impact assessment or an appropriate assessment. As mentioned previously in Dáil Éireann, this provision is not considered necessary as section 13(3) already provides that you cannot apply for a licence where an environmental impact assessment or an appropriate assessment is required. In such circumstances, planning permission must be sought where the development can be appropriately assessed and for this reason I cannot accept this amendment.

I intend to move amendments Nos. 28 to 30, inclusive, amendments Nos. 39 and 40, amendments Nos. 44 to 49, inclusive, and amendment No. 52. Amendment No. 28 amends section 9 to provide that where the Minister proposes exempted development regulations that are likely to affect the performance of a State authority, the Minister shall consult with that State authority before making the regulations. The text as currently written has this as a discretionary consultation. However, it is appropriate that such consultation shall be mandatory.

Amendments Nos. 29 and 30 amends the definition of “relevant act or operation” and “relevant change in use” in section 10(1) to include a reference to environmental non-governmental organisations, ENGOs. These amendments are consequential to an amendment on Report Stage in the Dáil that extended the definition of relevant person in this section to include environmental NGOs holding the relevant bona fides, which allowed such organisations will to seek a declaration.

Amendment No. 39 is also consequential to an amendment made on Dáil Report Stage that inserted a new subsection (4) into section 10, which compels the owner of the land or maritime site to be notified in writing of the making of such a request by a third party. This amendment inserts a new paragraph into subsection (16) which sets out how section 10 shall be read for the purposes of request to the commission in relation to the maritime area. It construes subsection (4) for that purpose.

Amendment No. 40 allows the commission five working days instead of three workings days to publish a decision under section 10. This is consistent with the timeframe given to local authorities.

Amendment No. 44 removes a reference to section 13 not applying to exempted development. In order to undertake development on a public road, either planning permission or a licence is required. This mirrors the position in the Act of 2000.

Amendment No. 45 replaces section 13(4) and has the effect of adding a reference to a person being able to apply for a continuation of a licence granted under the Act of 2000, as well as a licence granted under the Bill.

Amendment No. 46 adds a regulation-making power for the Minister to prescribe certain classes of licence requests as requiring public notification. Senator Currie has spoken to this previously. This amendment is being made on foot of concerns raised in the Seanad on Committee Stage regarding licences for telecommunication. We will certainly specify the detail in the relevant regulations in this regard taking the Senator's feedback on board.

Amendment No. 47 rewords section 13(4)(b) without changing its context.

Amendments Nos. 48 and 49inserts a reference to a person being able to apply for a continuation of a licence granted under the Act of 2000, as well as a licence granted under this Bill.

Amendment No. 52 amends the transitional arrangement in section 14 to deem a licence granted under section 254 of the Act of 2000 to be a licence granted under section 13 of the Bill. This is appropriate as it will allow people to apply for the continuation of a licence granted under the Act of 2000 under the Bill.

I will address Senator Higgins's concerns about the commencement of the Bill regarding Chapters 1 and 2. The Bill will be commenced on a phased basis, as she is aware. The Department is putting arrangements in place with regard to the commencements to allow for the transition of the updated legislation across the planning system. That will also take into account the need to liaise with local authorities and An Bord Pleanála and to ensure that we, as well as the wider stakeholders, are prepared for the commencements. It should be noted that the existing provisions in the Planning and Development Act 2000 will remain in place until the relevant provisions of this Bill are commenced. There is certainly a large number of transitional provisions to facilitate a smooth operational transition from the arrangements under the current Act to those under the Bill. We will certainly provide clarity to those who engage with the planning system in that regard.