Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Planning Issues

Dáil Éireann Debate, Tuesday - 3 November 2020

Tuesday, 3 November 2020

Ceisteanna (578, 592, 593)

Seán Crowe

Ceist:

578. Deputy Seán Crowe asked the Minister for Housing, Local Government and Heritage if under the latest level 5 restrictions the statutory time frames for the planning process and judicial review process will be suspended or extended, as was the case during the last lockdown. [32383/20]

Amharc ar fhreagra

Róisín Shortall

Ceist:

592. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 331 of 6 October 2020, if he will reconsider granting an order to extend planning time periods in view of the introduction of level 5 restrictions nationwide. [32616/20]

Amharc ar fhreagra

Louise O'Reilly

Ceist:

593. Deputy Louise O'Reilly asked the Minister for Housing, Local Government and Heritage if the deadline in respect of strategic housing development, SHD, (details supplied) will be extended and other SHD applications to allow a fair consultation process to take place in view of the fact that due to current level 5 restrictions and closure of public offices access for the purposes of inspection of the application will not readily be available at the offices of An Bord Pleanála and Fingal County Council, and this will impact on the ability of members of the public to make an informed submission or observation within the five-week deadline in writing to An Bord Pleanála. [32669/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 578, 592 and 593 together.

Under Section 30 of the Planning and Development Act 2000, as amended (the Act) I am specifically precluded from exercising power or control in relation to any particular planning case with which a planning authority or An Bord Pleanála is or may be concerned. Consequently, I may not seek to influence the outcome of, or comment on, any individual planning cases.

The planning system remains fully operational during the current Level 5 restrictions. My Department issued a Planning Circular on this matter - PL09/2020 and an accompanying Frequently Asked Questions (FAQ) document on 23 October 2020 regarding the operation of the Planning system during the current Level 5 restrictions.

For the purpose of giving legal effect to the 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. 8) Regulations 2020 (S.I. No. 448 of 2020) which will continue in operation until 1 December 2020. These Regulations define an “essential service” as a service specified in Part 2 of the Schedule to the Regulations which includes Class 14 relating to Public Administration, Emergency Services and Defence, within which the planning system is explicitly classified as an “essential service”:

“(y) statutory planning system activities, insofar they cannot be carried out remotely".

This classification therefore enables planning authority and An Bord Pleanála staff 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 5(2) of the above Regulations further explicitly provides that attendance at a planning office is a valid reason for travelling in order to -

“(y) attend 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 inspect a site notice (within the meaning of the Planning and Development Act 2000 (No. 30 of 2000)).”.

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 by appointment so that public health and social distancing requirements can be observed by both staff and customers.

With regard to judicial reviews of points of law in relation to planning decisions, provision already exists under Section 50(8) of the Act for the High Court to grant an extension to the period for leave to apply for judicial review where there is sufficient reason to do so, and the circumstances that resulted in the failure to make the application for leave within the period so provided were outside the control of the applicant for the extension.

My Department will continue to monitor the ongoing situation with regard to Covid-19 and may introduce measures as appropriate, if required.

Barr
Roinn