Dáil Éireann Debate, Wednesday - 27 January 2021
311. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if he has considered extending submission deadlines for planning objections to local authorities given the delays in the uploading of documents online due to level 5 restrictions; and if he will make a statement on the matter. [3669/21]
View answerThe planning system remains fully operational during the current Level 5 restrictions.
For the purpose of giving legal effect to the current Level 5 restrictions announced by the Government, new Regulations have been made by the Minister for Health entitled the Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (S.I. No. 701 of 2020) which will continue in operation until 31 January 2021. These Regulations include the classification of "statutory planning system activities, insofar as they cannot be carried out remotely" as an “essential service” specified at paragraph 14, Part 2 of the Schedule to the Regulations concerning public administration, emergency services and defence. This enables the staff of planning authorities and An Bord Pleanála to travel to and from their offices as may be required for the performance of their statutory functions. It also enables such staff to perform related statutory functions including site visits and inspections as well as enforcement activity subject to public health and social distancing requirements.
In addition, for the purpose of facilitating continued public participation in the planning process during the Level 5 restrictions, regulation 4(1) of the above Regulations provides that an applicable person shall not leave his or her place of residence without "reasonable excuse". Regulation 4(2) in this regard provides that such "reasonable excuse" includes the attendance at the offices of a planning authority or An Bord Pleanála to engage in a statutory planning process (including making or inspecting a planning application or appeal, making an observation or submission or participating in a Development Plan process) or inspecting a site notice relating to a planning application.
Furthermore, it should also be noted in this context that planning authorities are required under the Planning and Development Act 2000 (Section 38) Regulations 2020 (S.I. 180 of 2020) to upload planning applications and related documentation onto their internet websites within 5 working days of receipt or, where exceptional circumstances exist, as soon as practicable thereafter.
These measures enable members of the public to view documentation online and at planning offices and facilitates planning applications, appeals or other submissions to be made during the Level 5 restrictions. These arrangements may include provision for attendance at the offices of planning authorities or An Bord Pleanala by appointment so that public health and social distancing requirements can be observed by both staff and customers.
My Department will continue to monitor the ongoing situation with regard to Covid-19 and may introduce further measures as appropriate, if required.
