When I moved the adjournment on the last occasion we were discussing section 6 and, in conjunction with it, the Second Schedule setting out the provisions relating to an improvement scheme. One of the problems with that scheme is the complete lack of public participation and An Taisce, for example, feel very strongly about that. In their view, the improvement scheme drawn up by the proposed commission will supersede the existing local authority development plan when sanctioned by the Minister for the Environment under section 6. The whole public participation process for the creation of a development plan as provided in the planning Acts is thus set aside.
The alternative provision for public participation in the drafting of the improvement scheme by the proposed commission as set out by the Minister in the Bill is extremely limited. Section 3 of the Second Schedule to the Bill states the commission must have regard to the existing development plan. The provision made in section 3 (d) of the Second Schedule is in complete contrast to the detailed procedure for public involvement in the drafting of local authority development plans established under the planning Acts. It provides merely that the commission make arrangements for submission by interested persons and for the consideration by the commission of any such submissions. Of course, the reality is that, in practice, this leaves the commission with complete liberty to determine the degree of public participation. The provision that the commission shall make arrangements for the consideration of any public submissions is loose in legal form. I should like the Minister to comment on that point. In contrast to the consideration given to the public submissions, the commission "shall have regard to the existing development plan". The special position of prescribed bodies such as An Taisce contained in the planning Acts is not considered in this Bill.
Section 6 (5) (b) further provides that any development carried out by a person other than the commission which is certified by the commission as being in accordance with the improvement scheme may be exempted from the requirements of the Planning Act. This section completely eliminates the existing procedures whereby third parties may make submissions to the planning authority on a particular development at planning application stage. It also eliminates the right of a third party to appeal against planning permission decisions. Under the Bill as now proposed a development may proceed by private agreement between the commission and the property owner or developer, without any procedure to give information to third parties. Not only will third parties lose the right to appeal but they will not even have the right to information about what is going on. The provision by which plans of proposed developments and copies of all planning permissions and decisions are available for public inspection in the planning authority premises is a very important feature of the Planning Acts. That will not be available.
Section 6 effectively disregards public information and third party submissions and appeal rights. A major element of planning is the right to information, the availability of the planning registers, appeal rights, the rights to see applications. These rights are being done away with because of the private arrangements that can be made under section 6 and the Second Schedule, where the metropolitan commission will decide their improvement scheme and then any developer or property owner who is prepared to develop his or her property in line with the improvement scheme does not have to go through the whole planning procedure. I am interested to hear the Minister's views.