Pat Buckley (Cork East, Sinn Fein)
Link to this: Individually | In context

1156. To ask the Minister for Housing, Planning, and Local Government to conduct a review of how strategic infrastructure developments can bypass local planning safeguards. [45219/25]

Pat Buckley (Cork East, Sinn Fein)
Link to this: Individually | In context

1157. To ask the Minister for Housing, Planning, and Local Government to implement reforms in the planning process to ensure that local voices are not excluded from high-impact energy infrastructure decisions; and if he will make a statement on the matter. [45220/25]

John Cummins (Waterford, Fine Gael)
Link to this: Individually | In context

I propose to take Questions Nos. 1156 and 1157 together.

Public participation is a long established and key element of all substantive decision-making processes under the Planning and Development Act 2000 (Act of 2000). It is open to any person to make a submission or observation in relation to a planning application during the public consultation period and on payment of the required fee.  Planning authorities and An Coimisiún Pleanála must have regard to any valid submissions or observations made when making a decision to grant or refuse a planning application. In addition, a person who made a submission or observation on a planning application that a planning authority has decided to grant or refuse may subsequently appeal that decision to An Coimisiún Pleanála or may make a further submission in relation to an appeal of that decision.

An Coimisiún Pleanála is responsible for determining planning applications for strategic infrastructure development (SID) to provide a streamlined, single stage consent process for certain classes of infrastructure (including certain types of energy infrastructure projects, such as those set out in the Seventh Schedule to the Act of 2000, as well as certain strategic gas and electricity transmission developments). The corresponding public participation arrangements are broadly similar to the arrangements in place in respect of standard planning applications made directly to a planning authority. Therefore, any person may, within the public consultation period and on payment of the required fee, make a submission or an observation to An Coimisiún Pleanála in respect of an application for permission for a proposed SID.

The SID provisions ensure the notification of the relevant planning authority at both pre-application and application stages of the process.  In addition, as part of the application stage, the relevant planning authority must prepare a report setting out the authority’s views of the proposed development, and elected members of the authority may attach recommendations to the report of the authority, prior to it being submitted to the Commission.

The Planning and Development Act 2024 (Act of 2024) was enacted 17 October 2024 and represents a significant reform of the planning system, consolidating over 20 years of planning legislation. A key aim of the Act of 2024 is to put plan-making at the centre of the planning system by bringing increased clarity to the legislation and improving the functioning of the planning system for both practitioners and the general public, whilst protecting public participation, which is a hallmark of the current planning system.

Chapter 3 of Part 4 of the Act of 2024 consolidates a number of the planning applications processes in the Act of 2000 and sets out a standard planning application process where applicants apply to the relevant planning authority for permission, with a right of appeal to An Coimisiún Pleanála.

Chapter 4 of Part 4 of the Act of 2024 establishes a single planning application process directly to An Coimisiún Pleanála for specified developments. This will replace the SID process under the Act of 2000 and will apply to certain types of energy infrastructure developments.

As is the case under the Act of 2000, the Act of 2024 ensures that it will be open to any member of the public to make a submission on any planning application during the public participation process.  Under section 86 of the Act of 2024, when making a decision in respect of that application, the relevant planning authority or An Coimisiún Pleanála must have regard to, among a number of matters, a valid written submission made to it by any person in accordance with the Act.

The Act of 2024 will introduce a new procedure to deal with “spurious” planning submissions and appeals, set out at Section 588 of that Act. Submissions in relation to planning applications, appeals of applications and judicial reviews must be accompanied by a statutory declaration stating that the submission or appeal is not being done for the purposes of delaying a development or for receiving a payment. A declaration must also be made when withdrawing a submission, appeal or a judicial review. Penalties are also introduced in respect of anyone making a false declaration.

Section 102 of the Act of 2024 set out the eligibility requirements in relation to the bringing of an appeal of a decision of the planning authority to An Coimisiún Pleanála. This includes a right of appeal for any person who made a valid submission on the planning application.

Provision for the handling and consideration of appeals where considered vexatious is currently legislated for under section 138 of the Act of 2000, under which An Coimisiún Pleanála have powers to dismiss appeals where it is of the opinion that is frivolous or vexatious, or has been brought for the purpose of delaying the development or the intention of securing money, gifts or other inducements. These provisions have been replicated in section 108 of the Act of 2024.

I am satisfied that there are appropriate procedures in place under reforms being introduced by way of the Act of 2024 to ensure that the public continues to be included in substantive decision-making processes under that Act, including in relation to energy infrastructure decisions.

My Department is in the processes of  commencing of the Act of 2024 on a phased basis to facilitate the transition to the new legislation across the planning system, taking into account the need to liaise with local authorities, planning bodies and other stakeholders. It should be noted that the existing provisions in the Act of 2000 will remain in place until repealed and the relevant provisions in the Act of 2024 are commenced. A detailed implementation plan is available at www.gov.ie/planning.