Dáil Éireann Debate, Thursday - 16 October 2008
114 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if it is within the powers of local authorities here to abolish planning objection fees; and if he will make a statement on the matter. [35312/08]
View answerAny proposed changes to the fees payable to planning authorities in relation to the making of submissions or observations respecting applications would require the prior approval of the Oireachtas to regulations made under Section 262 of the Planning and Development Act 2000.
115 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if he will introduce a 10 year planning cycle with three mid-cycle reviews; and if he will make a statement on the matter. [35313/08]
View answerPart II of the Planning and Development Act 2000, as amended, sets out the planning framework and processes at regional, city and county, and local area plan levels. These requirements take account of the aims and objectives of the National Spatial Strategy, the 20-year spatial planning framework published in 2002.
The Act provides that Regional Planning Guidelines have a lifespan of not less than twelve years and not more than twenty years, and that they must be statutorily reviewed every six years following their adoption. Development plans, which are required to have regard to the relevant Regional Planning Guidelines in force for the area, must be prepared every six years and must be reviewed not later than four years after adoption i.e. two years prior to a new plan coming into force. Furthermore, not more than two years after the making of a development plan, the manager of a planning authority is required to give a report to the elected members on the progress made in securing the objectives set out in the plan. Local area plans are required to be consistent with the objectives of the development plan for the area.
The consistency between these various layers of plans, together with the scope currently provided for in legislation to vary or amend existing development plans and local area plans where it is deemed necessary, provides the appropriate structure to proactively manage development. I have no proposals, therefore, for any further legislative provision in regard to this matter.
116 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if it is within the power of local authorities to impose index-linked bonds on developers, refundable within the event of full compliance with by-laws during developments; and if not, the legal impediment to doing so. [35314/08]
View answerSections 34(4)(g) and 180(2)(b) of the Planning and Development Act 2000 provide respectively that a planning authority may attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of a proposed development and, if a development is not subsequently completed satisfactorily, empowers the Authority to apply a security given under section 34 for the satisfactory completion of that development.
My Department's Development Management Guidelines (June 2007) and policy guidance on the Taking in Charge of Residential Developments (February 2008) advise that it is essential that planning permissions for residential developments are subject to conditions under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to secure the satisfactory completion of those developments. The security given should be adequate to ensure the proper completion of roads, footpaths, water mains, sewers, lighting and open space and the lodgment of the security should be coupled with an agreement that would empower the authority to realise the amount of the security at an appropriate time. Security conditions should also provide for the recalculation of the amount in question by reference to the House Building Cost Index (or other appropriate index) if the development to which the permission relates is not commenced within a specified period after the granting of the permission.
117 Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if it is within the power of local authorities to introduce a penalty points system applicable to developers for unfinished estates and developments; and the legal impediments if not within local authority powers. [35315/08]
View answerUnder section 35 of the Planning and Development Act 2000 as amended, a planning authority is empowered to refuse to grant planning permission where it forms the opinion that the applicant for such permission has substantially failed to comply with a previous planning permission. No appeal shall lie to an Bord Pleanála from a decision of a planning authority in this regard. However, an applicant may apply to the High Court for an order annulling such a decision.
I am satisfied that the above power and the power to attach planning conditions requiring the giving of financial security for the satisfactory completion of developments are adequate and I have no proposal at this time for any further legislative provision in this regard.
