Written answers

Wednesday, 8 March 2006

Department of Environment, Heritage and Local Government

Planning Issues

9:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 11: To ask the Minister for the Environment, Heritage and Local Government his views on whether the wording of the Planning and Development (Strategic Infrastructure) Bill 2006 will make it possible for profit driven projects to receive critical infrastructure status and so bypass the normal planning process; and the steps he intends to take to ensure that projects such as shopping centres or office blocks will not fall within the remit of the fast-track process; and if he will make a statement on the matter. [9570/06]

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 18: To ask the Minister for the Environment, Heritage and Local Government the new procedures which he envisages being introduced to the High Court to speed up planning cases; if such procedures will result in restrictions to public participation and scrutiny of planning proposals; and if he will make a statement on the matter. [9578/06]

Photo of Tommy BroughanTommy Broughan (Dublin North East, Labour)
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Question 36: To ask the Minister for the Environment, Heritage and Local Government the way in which he reconciles the restrictions placed on public participation in the planning process in the Planning and Development (Strategic Infrastructure) Bill 2006, particularly in relation to environmental issues, with the letter and spirit of the Aarhus Convention. [9572/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 46: To ask the Minister for the Environment, Heritage and Local Government the effect of the Planning and Development (Strategic Infrastructure) Bill 2006 on An Bord Pleanála and whether it has implications for its independence; the steps he intends to take to ensure that public confidence in An Bord Pleanála is not affected by its changed role; and if he intends to formulate a new planning appeals process if the Bill becomes law. [9571/06]

Photo of Pádraic McCormackPádraic McCormack (Galway West, Fine Gael)
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Question 56: To ask the Minister for the Environment, Heritage and Local Government the steps he will take to speed up the planning application process; and if he will make a statement on the matter. [9490/06]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 11, 18, 36, 46 and 56 together.

The Planning and Development (Strategic Infrastructure) Bill 2006 which was debated at Second Stage in Seanad Éireann yesterday and today, 7 and 8 March, provides for the introduction of a streamlined consent process for specified classes of infrastructure development. In parallel, An Bord Pleanála will be restructured to establish a new strategic infrastructure division that will handle all the major infrastructure projects that come before it.

At present, the board's existing responsibilities include motorway and major road proposals and other large-scale local authority projects that require environmental impact assessment. The Bill proposes that the new strategic infrastructure division will also handle the strategic consent process for certain types of environmental, energy and transport infrastructure. The types of infrastructure involved are listed in a new Seventh Schedule to the Planning and Development Act 2000. These types of infrastructure bring major public benefit to the State or the region in which they are located, regardless of whether they are provided by a State, semi-State or a private infrastructure provider. The Bill's proposals are confined to major environmental, transport and energy infrastructure and it is not planned to extend them to cover developments such as shopping centres or office blocks.

The Bill provides for a full public consultation process before the strategic infrastructure division of the board makes its decision on a project. The division will be required to consult with the relevant local authorities. Elected members will be given a specific opportunity to make their views known on a proposed infrastructure development. In addition I propose to widen the right of access to apply for leave for judicial review of major infrastructure decisions to include environmental non-governmental organisations. I am happy therefore that this legislation fully meets Ireland's obligations under the Aarhus Convention and related EU legislation on public participation.

The Bill represents a major evolution of the planning code to meet the demands of our rapidly expanding economy and society. It places reliance on the experience and competence of An Bord Pleanála, which already deals with many major types of infrastructure including motorways. The board will apply the same independent and rigorous approach to its consideration of these projects, as it does for decisions coming before it at present. The Bill does not affect the existing appeals process for other types of development. I understand that, in addition to the provisions of the Bill, a new initiative is being introduced by the courts in relation to managing their procedures for processing legal challenges to infrastructure cases.

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