Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 170:

In page 204, between lines 21 and 22, to insert the following: “(a) perform its functions in a manner consistent with the Climate Action and Low Carbon Development Act 2015 and the duties and obligations imposed by that Act.”.

This amendment adds to the amendments on LNG that have just been voted through, including the choice not to accept our amendment explicitly excluding fracked gas. As such, the vote was to say that fracked gas should be allowed to be included in the forms of liquefied natural gas.

The complementary amendments Nos. 170 and 172 seek to address the fact that a decision was inexplicably made to remove from section 86 in an earlier version of the Bill the obligation on planning authorities and the commission to perform their functions in a manner consistent with the Climate Action and Low Carbon Development Act when doing their job and making decisions on planning applications, potentially including applications for LNG infrastructure. Why would this obligation be removed from the matters for consideration? Surely it is a backwards step.

Government amendment No. 176 is on late submissions to planning authorities. Councillors should be similarly able to make late submissions. They have already lost so much power in important matters and, in many cases, may have limited opportunities to give their input into important decisions.

Amendments Nos. 177 and 178 concern the need to respect area plans in the granting of permissions and, where there is no area plan, to create one.

Related to that is amendment No. 180, which is meant to ensure proper infrastructure is in place where there are developments, including large-scale residential or commercial developments. There needs to be the appropriate infrastructural capacity so that people can live proper lives in their areas.

Amendment No. 179 seeks to delete section 86(7). Known more infamously as the Cairn Homes subsection, it was introduced by the Minister in the Dáil to say that neither “a planning authority nor the Commission shall refuse permission for proposed development for the reason only that the housing growth target [for an area] ... has already been reached.” Under the subsection, permission can be given for developments beyond the housing growth target, but there is no requirement for infrastructure to be in place that matches the exceeding levels.

Amendment No. 184 refers to the UNCRPD. I will not go into it, but there is a deep disappointment among people with disabilities about many of these amendments. This is our last attempt to address that.

Amendment No. 185 seeks to insert a new paragraph into section 87(3), recognising that, “where the operations of an existing business, cultural or community facility may have a significant adverse effect” on a new development that has been granted permission, that new development should not necessarily be allowed to be built only to then start complaining about and seeking to curtail that cultural, community or business activity. There should not be a further constraining of such activity, in particular cultural activity, by new developments. The agent of change provision, which has been operational in UK planning law, would put an obligation on the new development to take appropriate measures itself to ensure it was not adversely affected by existing activity.

Government amendment No. 186 seeks to limit the power of planning authorities and the commission to attach conditions “controlling, preventing or limiting emissions” to a permission for an industrial emissions licence. Our amendments to this amendment would remove industrial emissions licenceholders and integrated pollution control licenceholders from this condition exemption. It would also remove the limitation on planning authorities and the commission by replacing “it shall not” with “it shall”. These are appropriate areas for there to be conditions and limitations.