Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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272. To ask the Minister for Housing, Planning, and Local Government the steps he will take to extend the public consultation period for draft development plans currently being worked upon by local authorities in order to take into account the difficulty of securing full public consultation during Covid-19; and if he will make a statement on the matter. [42988/20]

Peter Burke (Longford-Westmeath, Fine Gael)
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In light of the initial impacts of the Covid-19 emergency, an Order was made by Government on 29 March 2020, under section 251A of the Planning and Development Act 2000, as amended (the Act), which resulted in the extension of time for a range of specified or appropriate periods and timelines in the Planning Acts and associated planning regulations. Further orders were signed on 16 April 2020 and 9 May 2020, the last of which expired on 23 May 2020. The three Orders had the combined effect of extending the relevant planning periods and timelines, including for draft development plan processes such as consultation, by an aggregate of 56 days/8 weeks during the time period in which they have effect. Since then, further measures have been put in place and are progressing through the legislative process, to ensure that the planning system can continue to function during the Covid-19 pandemic.

Statutory Instrument No. 448 of 2020 identified planning-related activity within the schedule of what is considered to be ‘essential services’ and so the work of the planning system has continued during more recent periods of national restriction in response to the Covid-19 pandemic.

New legislative provisions are currently being brought through the Oireachtas, which will allow for specific measures in relation to the planning system to be, possibly, taken in a public health emergency. While such measures will allow an extension of statutory timelines in certain circumstances, it is not, however, envisaged that these would apply more broadly in the way that Section 251A was applied, nor would they be generally applied in the circumstances of Level 5 restrictions, where planning is classified as an essential service.

Rather, they seek to provide some protections for example, if planning staffing resources in a particular authority were compromised by sick absences due to Covid-19. The current legislative proposals also enable the initial stage of public consultation at the outset of the development plan process to be undertaken on-line, where considered necessary.

With regard to public participation in the process of making or varying a County Development Plan, and in particular in relation to the draft plan and material alterations display stages, all local authorities must continue to operate to satisfy statutory requirements, in accordance within public health guidance and related operating procedures that have been put in place.

It is important to note that under Section 12(16) of the Act, the validity of a development plan may not be questioned by reason only that certain procedures were not completed within the timeframes set out in the Act. While this may allow for some flexibility in terms of timing, more practically, I understand that Local Authorities are implementing innovative solutions to ensure that public consultation requirements can and are being satisfied.

Obviously the current circumstances have presented challenges, which have required us to examine how essential work can be advanced in a safe manner, including public participation. However, I am particularly mindful of the important role that the planning and development system plays in supporting the economic development of the country, and the vital role which it will play in supporting social and economic recovery from the Covid-19 pandemic.