Albert Dolan (Galway East, Fianna Fail)
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273. To ask the Minister for Housing, Planning, and Local Government if he plans to bring forward legislation to allow developments approved under section 181 of the Planning and Development Act 2000 to seek substitute consent; and if he will make a statement on the matter. [22738/25]

James Browne (Wexford, Fianna Fail)
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The legislative provisions regarding Section 181 of the Planning and Development Act 2000 (Act of 2000) and Part XA of the Act dealing with substitute consent are set out below. The Department of Justice has indicated to my Department that certain legislative amendments to these provisions may be required in relation to Ministerial Orders made in respect of sites for IP applicants and additional information is awaited to allow the matter to be further considered.

Section 181 of the Act of 2000 sets out consent processes that apply to certain development carried out by or on behalf of State authorities and by statutory undertakers.

Section 181(1)(a) allows the Minister to make regulations to provide that the Act of 2000 (other than sections 181 and 181A to 181C) does not apply to any specified class or classes of development by or on behalf of a State authority. The classes of development must be, in the opinion of the Minister, in connection with or for the purposes of public safety or order, the administration of justice or national security or defence.

Section 181(2) provides for the making of project-specific Ministerial Orders in the case of an accident or emergency. This allows a Minister of the Government to make an Order that the Act of 2000 does not apply to a specified development and includes provisions for a streamlined Environmental Impact Assessment or Appropriate Assessment to be submitted directly to An Bord Pleanála.

Part X (Environmental Impact Assessment) and Part XAB (Appropriate Assessment) of the Act of 2000 apply to these Ministerial Orders. Any development which might require environmental assessment (EIA or AA) must, in order to benefit from the provisions, go through the assessment process by An Bord Pleanála set out is Sections 181(2A) to Section 181(2AA).

Section 34 of the Act of 2000 provides that an application for permission may be made for the retention of an unauthorised development, however the relevant planning authority must refuse such an application where it decides that an EIA or an AA was required or is required in respect of the development.

'Substitute consent' may be sought in respect of development that has already been carried out. An application for substitute consent may be made by a person who has carried out the development or the owner or occupier of the land on which the development has been carried out. Under section 177E of the Act of 2000, applications for substitute consent in respect of development of land must be made to An Bord Pleanála (the Board). The Board can only consider an application for substitute consent where–

• the Board is satisfied that an EIA was required or is required for the development, or it is a valid application has been accompanied by a remedial environmental impact assessment report,

• the Board is satisfied that an AA was required or is required for the development, or it is a valid application that has been accompanied by a remedial Natura impact statement

• the Board is satisfied that both of the assessments referred to above were required or are required for the development, or it is a valid application that has been accompanied by both remedial environmental impact assessment report or a remedial Natura impact statement

In accordance with section 177K of the Act of 2000, the Board may not grant substitute consent in respect of the development concerned unless it is satisfied that exceptional circumstances exist that would justify the granting of such consent by the Board. In considering whether exceptional circumstances exist, the Board must have regard to the criteria set out at section 177K(1J).