Darren O'Rourke (Meath East, Sinn Fein)
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81. To ask the Minister for Housing, Planning, and Local Government the legislative, statutory and regulatory framework for the provision of public green space in urban areas; and if he will make a statement on the matter. [12412/21]

Darren O'Rourke (Meath East, Sinn Fein)
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82. To ask the Minister for Housing, Planning, and Local Government if there has been an audit of public green space provision in Dublin commuter belt areas; and if he will make a statement on the matter. [12413/21]

Darren O'Rourke (Meath East, Sinn Fein)
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86. To ask the Minister for Housing, Planning, and Local Government the type and number of engagements his Department has had with the HSE and Public Health regarding public green space provision in urban areas in 2018, 2019 and 2020; and if he will make a statement on the matter. [12417/21]

Peter Burke (Longford-Westmeath, Fine Gael)
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I propose to take Questions Nos. 81, 82 and 86 together.

While the Minister for the Housing, Local Government and Heritage has responsibility for policy, legislation, Oireachtas accountability and, at a broad level, oversight, in respect of the local government system, local authorities are entirely independent corporate entities having full responsibility under law for the performance of their functions.

Section 67 of the Local Government Act 2001 is the primary legislative, statutory and regulatory framework for the provision of public green space. This provides that a local authority may take measures or engage in activities that it considers necessary to promote the interests of the local community in relation to matters such as general recreational and leisure activities, including the provision of parks and open spaces.

In the context of proposed new development, the preparation of statutory development plans is a central function of a planning authority undertaken in accordance with sections 9-13 of the Planning and Development Act, 2000 (as amended). The zoning of land for particular uses, including for open amenity space, is a reserved function of the planning authority. In preparing development plans, consideration and decisions on the zoning of particular lands is therefore a matter for the elected members and is required to be consistent with established statutory national and regional planning policy and legislation, including the National Planning Framework, Regional Spatial and Economic Strategies (RSES) and statutory Ministerial planning guidelines as appropriate. In this regard, guidance in relation to amenity and quality of life issues, including, inter alia, public open spaces and area-wide green space strategies, is set out in the Sustainable Residential Development in Urban Areas – Guidelines for Planning Authorities published by my Department in 2009.

Accordingly, in line with their statutory role as outlined above, decisions in relation to auditing public green space and engagement with the HSE/Public Health on related issues are matters for individual local authorities.

Darren O'Rourke (Meath East, Sinn Fein)
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84. To ask the Minister for Housing, Planning, and Local Government the specific policy tools in place to ensure commuter belt communities which saw huge housing development in the Celtic tiger and subsequent years are not left without public green space; if there are specific requirements on local authorities and developers to deliver green infrastructure in advance or in tandem with residential development; and if he will make a statement on the matter. [12415/21]

Peter Burke (Longford-Westmeath, Fine Gael)
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The National Planning Framework (NPF) acknowledges the need for a range of complementary strategies, tailored as appropriate, in planning for future growth. Specifically, National Policy Objective (NPO) 7 identifies the need to apply a tailored approach to urban development, that will be linked to the Rural and Urban Regeneration and Development Fund, with a particular focus on “Addressing the legacy of rapid unplanned growth, by facilitating amenities and services catch-up, jobs and/or improved sustainable transport links to the cities, together with a slower rate of population growth in recently expanded commuter settlements of all sizes.”

More generally, in terms of existing settlements, Section 67 of the Local Government Act 2001 is the primary legislative, statutory and regulatory framework for the provision of public green space. This provides that a local authority may take measures or engage in activities that it considers necessary to promote the interests of the local community in relation to matters such as general recreational and leisure activities, including the provision of parks and open spaces.

From a planning perspective, the preparation of statutory development plans is a central function of a planning authority undertaken in accordance with the Planning and Development Act, 2000 as amended (the Act). Specifically Section 10(2) (subsections a, d and j) of the Act provides that a development plan shall include objectives for—

“(a)the zoning of land for the use solely or primarily of particular areas for particular purposes (whether residential, commercial, industrial, agricultural, recreational, as open space or otherwise, or a mixture of those uses), where and to such extent as the proper planning and sustainable development of the area, in the opinion of the planning authority, requires the uses to be indicated;

(d)the integration of the planning and sustainable development of the area with the social, community and cultural requirements of the area and its population;

(j)the preservation, improvement and extension of amenities and recreational amenities;”

These provisions may relate to objectives that address the requirements of both existing communities and/or future development areas.

With regard to the provision of open space and amenities in tandem with new development, these may also be addressed within the County Development Plan, as above or in subsequent Local Area Plans. In addition, Section 48 of the Act makes provision for development contribution schemes, which may establish the requirement for the payment of a financial contribution as a condition of planning permission for development, for public infrastructure and facilities. This may be for the purposes of land acquisition and/or the provision of open spaces and recreational facilities, as follows - Section 48(17):-

“In this section— “public infrastructure and facilities” means—

(a)the acquisition of land,

(b)the provision of open spaces, recreational and community facilities and

amenities and landscaping works,

(c)the provision of roads, car parks, car parking places, surface water sewers

and flood relief work, and ancillary infrastructure,

(d)the provision of bus corridors and lanes, bus interchange facilities (including

car parks for those facilities), infrastructure to facilitate public transport,

cycle and pedestrian facilities, and traffic calming measures,

(e)the refurbishment, upgrading, enlargement or replacement of

roads, car parks, car parking places, surface water sewers, flood relief work

and ancillary infrastructure,

(f)the provision of high-capacity telecommunications infrastructure, such as

broadband,

(g)the provision of school sites, and

(h)any matters ancillary to paragraphs (a) to (g).

I am satisfied that there are adequate policy and legislative measures available to address the issues raised in the question, both in terms of existing settlements and in forward planning for new development.