It is nice to be back before the committee. I thank members for agreeing to meet this afternoon to discuss the amendments to the planning code set out in the draft Planning and Development Regulations 2008. These proposals essentially provide for changes to the planning exemptions in the 2001 planning regulations in a number of areas, principally that of renewable technologies.
The implementation of key areas of national policy such as the national spatial strategy, the national development plan, the White Paper on energy and the climate change strategy is entirely dependent on the efficiency of our strategic and forward planning process. At a more local level, our modes of transport, the way we power our homes and places of work, the quality of local community and recreational facilities, the provision of educational facilities and the delivery of high quality and environmentally sustainable infrastructure are also dependent upon on the effectiveness and quality of our planning consent process.
It is clear, therefore, that we need to continually consider ways of streamlining the planning framework and, where possible, achieve a better alignment with key national policy objectives. The amendments to the planning and development regulations I am presenting to the committee achieve the twin objectives of removing unnecessary regulatory burden, where possible, and, perhaps more significantly, facilitating the implementation of key areas of national policy such as energy and climate change.
The proposals build on our shared vision for a low-carbon society. Exempting certain renewable technologies from planning permission requirements for industrial buildings, business premises and agricultural holdings is the latest instalment of a package of measures I have taken or planned since I took office in order to address climate change through the planning system. The other measures include: the new part L building regulations I published last December, which are designed to achieve, on average, at least a 40% reduction in primary energy consumption and a 40% reduction in related CO2 emissions — these regulations will be revised again in 2010 to achieve a 60% target in further years and it is my goal to reach a position of zero carbon emissions as quickly as possible thereafter; draft guidelines on sustainable residential development in urban areas, which I issued for public consultation last February and which recommend the use of passive solar design in new housing layouts, including the appropriate orientation and internal layouts of individual dwellings; and draft guidelines on the planning system and flood risk, which I will issue for public consultation in the summer. All submissions received will be analysed with a view to examining current exemptions in the planning code such as, for example, exemptions relating to the paving of front gardens.
The changes to part L of the building regulations are supplemented by the requirements of the building energy rating, BER, system, which will provide clear information on the energy efficiency of a building. The BER system and the renewable technology proposals contained in the regulations will help encourage individuals and companies to improve energy efficiency in their homes and buildings and, by doing so, secure significant savings in energy costs over time.
On a slightly different but related note, my Department, in conjunction with the OPW, is also preparing more comprehensive guidance on flooding and the planning system for publication later this year. These guidelines will put in place a systematic approach to integrating flood risk into the planning process, building upon the long-standing acknowledgement in legislation that this is an important planning issue. The guidelines will also be important in adapting to the reality of climate change, which requires us to be even more vigilant in ensuring that risks of flooding into the future are integrated into the planning process. It is intended that, following an analysis of submissions received, relevant exemptions in the current planning code will be examined. I refer, for example, to exemptions relating to the paving of front gardens.
The level of interest in renewable technologies has grown in Ireland in recent years. Sustainable Energy Ireland, the body with responsibility for promoting renewable technologies, has recorded a substantial increase in activity in the sector. This is not surprising when one considers the abundance of renewable energy resources available in Ireland. These offer sustainable alternatives to our dependency on fossil fuels, as well as a means of reducing harmful greenhouse emissions and opportunities to reduce our reliance on imported fuels.
The proposals before the committee are based on an examination of the planning implications of renewable technologies for these sectors that was carried out last year. The outcome of the Department's intensive research was a public consultation process last October. The consultation paper set out a number of recommendations on how various renewable energy technologies could be dealt with by the planning code. More than 50 submissions were received over the three-month consultation period and almost all of the respondents indicated support for the introduction of planning exemptions for the renewables as a means of encouraging wider uptake. Within the overall support for the broad approach proposed, a wide range of views was submitted for consideration. As a result, the draft regulations, as they now stand, have been revised significantly on the basis of the arguments put forward by respondents.
Exemptions are proposed in respect of five classes of renewable technology, namely, combined heat and power, wind turbines, solar panels, heat pumps and biomass, as well as met masts, which are an essential prerequisite for decisions on potential locations for wind energy developments. Certain conditions will apply in each case to ensure the right balance is struck between, on the one hand, maximising the impact of the regulations on uptake of renewable energy and, on the other, adequately addressing the potential impacts on visual amenity and safety considerations.
Ireland's rapidly growing population continues to present fresh challenges in meeting the needs of new communities in planning and development and the provision of necessary physical and social infrastructure. The planning system, for its part, plays a critical role in anticipating future development and co-ordinating the provision of the essential supporting infrastructure. Transport, water services, schools and amenity and community facilities are provided through the actions of the planning authorities, investment programmes of Departments and agencies and the private sector.
The developing areas initiative, driven by my colleague, the Minister of State, Deputy Michael Finneran, is an innovative and refreshing response to the challenge of joined-up government and integrated delivery of infrastructure and services. We are all agreed that new developments need to be more than just the provision of houses. The integration of schools, community facilities, employment, transport and amenities with the housing development process in a timely, cost-effective and sustainable manner is essential.
A practical example of this joined-up approach is the forthcoming code of practice on the provision of schools and the planning system. The code will contain best practice guidance aimed at further ensuring the planning system facilitates the timely and cost-effective roll-out of school facilities by the Department of Education and Science in line with the principles of proper planning and sustainable development. It encourages and facilitates early engagement in catering for future school demand within the development plan process, identifies and secures, through interaction and information sharing with local authorities, the most appropriate sites for schools to ensure sustainable access and efficient use of land, and develops key liaisons at central and local level to provide for an efficient exchange of information and help to resolve difficulties as they arise.
Building on guidance provided in the June 2007 development plan guidelines, the code of practice outlines the principles and scope for integrating schools provision with the development plan process. In particular, it links anticipated levels of demand for school places with housing strategies and the provision of large-scale residential developments. It also creates a clear linkage between the objective for the provision of schools with the current guidelines used by the Department of Education and Science on school accommodation.
The aim is to ensure planning authorities engage and co-ordinate with the Department of Education and Science at the earliest opportunity regarding future provision of schools and their requirements before land is zoned or rezoned for substantial residential development. In this regard, the code of practice will be built around three core objectives. First, schools provision should be an integral part of the evolution of compact sustainable urban development and the development of sustainable communities. Second, the provision of any new school should be driven by and emerge from an integrated approach between the planning functions of planning authorities and the Department of Education and Science. Third, planning authorities will support the Department of Education and Science in their responsibility for planning and developing schools including, where required or requested, to act as agents in procuring sites.
The Government has made significant progress in increasing and modernising the stock of school accommodation. Under the previous national development plan, more than €2.6 billion was invested in school development, delivering more than 7,800 projects. However, under the current NDP, funding of €4.5 billion has been allocated for this purpose over the lifetime of the plan. The code of practice will help to maximise the return on what, in effect, constitutes the largest investment programme in schools in the history of the State. It will be issued in the form a joint policy statement on the provision of schools and the planning system, to be published shortly by me, the Minister of State, Deputy Michael Finneran, and the Minister for Education and Science under section 28 of the Planning and Development Act 2000.
It is within the wider context of this joint policy statement that I am introducing exemptions to expedite the provision of minor school development works and temporary school facilities. Specifically, the exemption from the requirement to obtain planning permission for small extensions to existing schools is similar to the approach taken to small extensions for domestic dwellings. In addition, temporary school facilities are being proposed, subject to certain conditions and time balance safeguards as set out in the draft regulations. The exemptions recognise the importance of immediate and quality solutions to accommodation issues while also providing for permanent remedies.
The proposals regarding demolition provide for a reversal of the existing demolition exemption to give greater clarity as to what is to be considered exempt from planning permission requirements. At present, subject to a small number of exceptions, demolition works are generally exempted from the requirement to obtain planning permission. In some circumstances, a developer can carry out works in reliance on the exemption without any reference to the planning authority. This is the position even if the demolition works are carried out in advance of development requiring an environmental impact assessment.
Essentially, it is proposed that demolition of a house or other structure without planning permission may not take place unless it meets certain conditions on size. The changes also include a condition prohibiting application of the exemption in cases where the demolition is associated with future development for the purposes of section 176 of the Planning and Developing Acts, that is, prescribed classes of development requiring assessment of effects on the environment.
The opportunity is being taken to address a gap in Ireland's transposition of the EIA directive by inserting a provision in Schedule 5 to the regulations to provide for inclusion of certain standalone private roads as a class of development to which the requirement of the EIA regulations shall apply.
Essentially, while private roads generally form part of wider developments which themselves may require EIA — a housing development, for example — this requirement currently does not apply to private standalone roads. In reality, there are very few such roads and, for the most part, these require planning permission. However, this amendment will address EC concerns which are the subject of current infringement proceedings.
The exemptions relating to renewable technologies will help ensure a faster and more widespread uptake of such technologies. In turn, this will underpin the development of a long-term renewable energy market while enabling more people to play their part in reducing carbon dioxide emissions.
In light of what I said, early approval by the Oireachtas is necessary to allow Ireland to develop alternative, secure and sustainable energy supply sources, and in particular to continue to step up efforts to meet the challenge of tackling climate change by lowering greenhouse gas emissions. I propose to keep these provisions under review to ensure their effectiveness.
The other exemptions regarding schools are part of an overall package aimed at providing school accommodation where and when it is needed within the strategic investment framework for sustainable community development. I commend the regulations to the committee and look forward to a full and detailed discussion.
