Mark Duffy (Fine Gael)
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The Minister of State is very welcome back to the Seanad. The housing crisis we face is not news to him or to any of us here in the Chamber. I compliment him on the work and efforts he has commenced since taking over his brief. His knowledge is impeccable. He has experience of being his party spokesperson for housing in the previous Seanad and he also worked on the issue while in local government. I wish him the best. I look forward to supporting his efforts in his role in this Ministry.

The housing crisis is very complex and I welcome the efforts the Minister of State is beginning to make in regard to more flexibility and less red tape and regulation to empower people to have choice. A person with space in their back garden, for example, has more liberty and autonomy to improve living conditions for themselves and their family, based on their circumstance. That flexibility is very welcome.

What would also be very welcome is more devolved power and decision-making for local authorities. Like the Minister of State, I have come through the local council and I believe local authorities have a role to play. It is not just a case of making one or two decisions; it is a very complex situation and each theme needs diligent efforts.

Irish Water is a topic that comes up regularly. The chief executive, Niall Gleeson, identified recently during a speech to mark the opening of the Arklow wastewater treatment plant, which is heralded as an excellent facility that is best-in-class investment, that the greater Dublin drainage project was proposed at the same time as the Arklow wastewater treatment plant. If they had both progressed at the same speed, the greater Dublin drainage project would have cost €600 million, but it is now expected to cost the State approximately €1.2 billion.

The proposal that I bring forward this afternoon relates to improved expedience through the Part 8 process for local authorities to progress critical infrastructure for Uisce Éireann. It is for the common good and is in the interest of every local authority representative in the country because it benefits communities by improving water quality, wastewater supply and infrastructure. Critically, that would also unlock housing, which is in such challenging circumstances and is limiting the prosperity of the State to such an extent. Will the Minister of State consider devolving more autonomy to local authorities through the Part 8 process?This would mean that there would not be a mechanism for An Bord Pleanála to intervene, as the Minister knows, but it would also provide for public consultation. This would be a good means of improving and unlocking critical infrastructure that is within the common good. It would help to expedite the development of critical infrastructure that can unlock additional housing supply and ambition. I welcome the Minister of State's efforts regarding the planning exemption for the modular units. We need to support such a common-sense proposal in a collective manner. Local councillors should have stronger levers for residential developments. I welcome the Minister of State’s consideration of this important topic.

John Cummins (Waterford, Fine Gael)
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I thank Senator Duffy for his kind words, which I appreciate, and for giving me an opportunity to update the House on planning legislation and particularly applications by Uisce Éireann. While the Planning and Development Act 2024 was signed into law in October 2024, its provisions have not yet been commenced. Until all of it is in place, the 2000 Act will remain in force.

All development requires development permission unless it is specifically exempted. As such, Uisce Éireann is required to adhere to planning legislation and seek the necessary planning permissions where required. At present, Uisce Éireann can apply to a planning authority for planning permission under section 34 of the 2000 Act for development that is not strategic infrastructure. The process provides that where no further information is required from Uisce Éireann, a planning authority shall make a decision within eight weeks of the date of the application, in accordance with section 34(8) of the 2000 Act. This eight-week period is considered reasonable for the making of a decision. A decision of a planning authority under section 34 of the 2000 Act may be subject to appeal by An Bord Pleanála under section 37 of that Act. The board has a statutory objective to meet timelines of appeal within 18 weeks.

For applications for permission that fall under the category of strategic infrastructure, such as a wastewater treatment plant with capacity to cater for a population of 10,000 or more, Uisce Éireann is required to apply directly to An Bord Pleanála under section 37E of the 2000 Act. The board has a statutory objective to make a decision on such an application within 18 weeks of the last day of the period for the making of submissions, which is a period of not less than six weeks in accordance with section 37E(3)(a) of the 2000 Act. The timeline for a decision is a minimum of 24 weeks.

The Senator is proposing that applications by Uisce Éireann should undergo the Part 8 process through partnership with local authorities to avail of the "local authority own development" procedures under section 179 of the 2000 Act. When no environmental impact assessment is required, local authorities follow the Part 8 process, which is a reserved function of elected members. This process includes a period of not less than four weeks for the making of submissions by the public under Article 81 of the Planning and Development Regulations 2001. Under section 179 of the 2000 Act, following the public submission period, the chief executive has eight weeks for the making of a report on the proposed development for submission to the elected members. Finally, the elected members have six weeks to make a decision on the proposed development, which means that there is a total of 18 weeks for decisions under the Part 8 process.

I can confirm it is open to local authorities to enter into partnership with any party, including Uisce Eireann. However, a development under the Part 8 process requires a full majority of the council to approve the project. Additionally, the members of the local authority may, by resolution, vary or modify the proposal by Uisce Éireann, which could present a risk to the project in question. However, I believe there is merit in this proposal to unlock development in towns and villages with populations under 10,000. I am engaging with my officials in this regard. I am conscious of time. Developments that require an EIA are above that threshold. There is limited scope in improving time periods in that regard. However, there may be scope to further tease out the provisions in respect of developments that do not require the Part 8 process, which are typically those involving areas below 10,000 in population.

Mark Duffy (Fine Gael)
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I thank the Minister of State for his reply. I am heartened by it in terms of the consideration and the flexibility that could be given to local authorities. In a partnership process, any semi-State or any body that tries to develop critical infrastructure that is in the common good and the public good must be supported. I encourage Uisce Éireann and other such bodies to work with local authorities to make sure they avail of these partnership processes because it can help remove the Bord Pleanála difficulties and help expedite planning developments.

I support that work and encourage the Minister of State to consider amending the wastewater discharge regulations, which are linked through Uisce Éireann. I know they are causing delays as well as the permissions. The EPA also has a licensing challenge which can delay developments, so a bit more flexibility and less bureaucracy on that for small incremental improvements would be really supported and welcomed by Uisce Éireann. Ultimately, it will help us build and deliver more houses. I would really welcome the Minister of State's input on it all and his support for it.

John Cummins (Waterford, Fine Gael)
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It is about that. It is about unlocking development in our smaller towns and villages. Anything that can speed up the process is being considered. That is not to ignore requirements. As regards EIAs and those towns above 10,000 in population, I have set out that there is limited scope because it goes to the board and goes through that statutory process, whether it is through the local authority or through Uisce Éireann. Where there may be scope to be able to improve in terms of timelines in partnership with local authorities is for those that are below that through the Part 8 process, in partnership. We have to remember that when local authorities had control of water and wastewater, it was standard to use the Part 8 process. It is therefore possible, and we are scoping out what is possible in terms of guidance around that. As I said, anything that can speed up the process in terms of delivering infrastructure to be able to facilitate more homes is what I am all about, and I will explore all those avenues.

Alison Comyn (Fianna Fail)
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I thank the Minister of State for responding to that.