In March 2000, The Minister for the Environment and Local Government, Mr. Noel Dempsey, helped to legislate a change to limit what the Minister of the Environment, currently Minister John Gormley, could do as regards National Roads. Therefore, the tying of the hands of which Minister Gormley speaks.

This is an older press release with changes made to the planning acts in March 1999. Notice the limits of taking legal actions, the appointment of An Bord Pleanala, and changes to legislation that allows infrastructure construction to commence before legal proceedings are finished.

It's time to put some heat on this guy.

Press Release - Dempsey Publishes Amendments to Planning and Development Bill

29/03/2000 [No. of pages 4] [FL2463]
Planning
________________________________________ ________________

The Minister for the Environment and Local Government, Mr. Noel
Dempsey, T.D., today (29 March) published amendments to the Planning
and Development Bill, 1999. The Bill (which has been passed by the
Seanad) has finished Second Stage in the Dail and is about to commence
detailed consideration by the Select Committee on Environment and Local
Government.
________________________________________ ________________
Dempsey Publishes Amendments to Planning and Development Bill

The Minister for the Environment and Local Government, Mr. Noel
Dempsey, T.D., today (29 March) published amendments to the Planning
and Development Bill, 1999. The Bill (which has been passed by the
Seanad) has finished Second Stage in the Dail and is about to commence
detailed consideration by the Select Committee on Environment and Local
Government.

The Planning and Development Bill has had almost 100 hours of debate in
both the Seanad and the Dáil so far. The publication of the Bill
created huge interest across many sectors and the Minister has received
a large number of detailed submissions on its provisions. "Many of the
amendments I propose to make at Committee Stage arise from the debate
that we have had on the Bill in the Oireachtas as well as from the many
submissions which I received since the Bill was published. I would like
to thank those individuals, bodies and professional institutions for
their considered views on the Bill. It is obvious that many people
spent a lot of time examining this major piece of legislation and I can
say that I have taken on board any of the good ideas suggested where I
consider that these will improve the operation of the Bill." Minister
Dempsey said.

Details of amendments

The details of the major amendments are set out below. Those amendments
circulated today are marked with an asterisk. Drafting of the remaining
amendments is still being finalised. Around 140 amendments are being
circulated today and many of those are of a textual or minor nature.

Tolling
The existing legislative arrangements for tolling under the Roads Act,
1993 are being amended by removing the Minister for the Environment and
Local Government's quasi-judicial functions in relation to approval, or
revocation of toll schemes, approval of toll bye-laws and approval of
toll arrangements with private investors. Under the revised Part V of
the Roads Act, 1993, the decision to adopt or revoke a toll scheme,
adopt bye-laws, or enter into toll arrangements with private investors,
will be a matter for the National Roads Authority in the case of
national roads, and in the case of non-national roads, a matter for the
relevant local authority.

As a corollary, the Roads Act, 1993 is also being amended so that the
Minister for the Environment and Local Government can issue policy
directives to the National Roads Authority or local authorities
regarding the exercise of their functions in relation to road tolling.
The National Roads Authority or local authority will be obliged to
comply with a directive issued by the Minister. Any policy directives
made by the Minister must be laid before the Houses of the Oireachtas.

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The amendments proposed to the tolling provisions of the Roads Act,
1993 will simplify statutory processes for approval of toll schemes,
arid are consistent with other provisions in the Planning and
Development Bill which reduce the role of the Minister in
project-specific approvals and consents. The amendments are also in
keeping with the principle of subsidiarity as regards decision making,
while retaining control at a broad policy level.

Control of Quarries
Many quarries currently in operation pre-date the 1963 Planning Act and
are therefore not subject to planning control. The Minister proposes to
introduce an amendment to require quarries over 5 years old, whether
subject to planning permission or otherwise, to register with the
planning authority. Planning authorities will then be entitled to
impose conditions on the operation of registered quarries. Quarries
which have not previously obtained planning permission may also be
required to undergo environmental impact assessment and to apply for
planning permission where their area is greater than 5 ha or where they
are situated in defined sensitive areas. This would be required where
their continued operation would be likely to have a significant effect
on the environment.

Architectural Conservation Areas and Areas of Special Planning Control
It is proposed to strengthen and clarify the process of designating
Architectural Conservation Areas which were introduced in the Local
Government (Planning and Development) Act, 1999. In addition the
Minister proposes to introduce a new power for local authorities to
declare "areas of special planning control" within architectural
conservation areas. In these areas the local planning authority will
have a range of additional powers to enable them to ensure the
preservation and enhancement of a street or square that is of special
importance to the civic life of a city or town. The local authority
would be able to take a pro-active approach in determining appropriate
uses in areas of special planning control. They would be able to serve
a notice requiring inappropriate uses to cease, or to apply conditions
on the continuance of a use, in accordance with a special planning
control scheme adopted by the elected members and subject to the
payment of compensation.

Right of Appeal to An Bord Pleanála
The Bill restricts the right of appeal to An Bord Pleanála to persons
who made submissions or observations to the planning authority on
initial planning applications. Particular concern has been expressed
with this limitation in cases where persons did not object to a
planning application because they were satisfied with the original
proposal, but who feel adversely affected by changes to the development
required by conditions imposed by the planning authority in the final
decision. In response to this concern the Minister proposes to
introduce a provision allowing An Bord Pleanála to accept an appeal
from persons who have an interest in adjoining land and where that
interest would be adversely affected by the conditions.

* Direct recruitment of An Bord Pleanála Members
At present members of An Bord Pleanála are appointed by the Minister
from a list of candidates nominated by various representative bodies
and associations. Recent experience has been that bodies have not
nominated their full quota thus making it more difficult to ensure a
proper balance of gender, experience and a good mix of skills in
engineering, planning, architectural and environmental fields. While
nominations will continue to be sought from the nominating bodies, the
Minister proposes an amendment to the Bill whereby, if the Minister is
not satisfied to appoint a person from the nominees list applications
can be sought by open recruitment. Candidates would be selected by a
committee made up of the Chairperson of the Board, an Assistant
Secretary in the

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Minister's Department and the Chairperson of the Heritage Council and
with 3 names being sent forward to the Minister to make the final
appointment.

* Double Applications
A provision to prevent a second application being made on land for the
same development while the first application is on appeal to the Board
is proposed.

* Licensing for erecting structures on public roads
It is proposed to strengthen the existing licensing powers of local
authorities to control the erection of appliances, hoarding etc on
public roads so as to avoid clutter, public nuisance and inappropriate
development. It is proposed to require licences for the erection of
telephone kiosks and pedestals on the public road in the interests of
proper planning and sustainable development.

* Disclosure and Declaration of Interests
The limit of declarable interests is being raised to £10,000 in line
with the Ethics in Public Office Act. However, it should be noted the
Bill requires that a Code of Conduct in relation to planning will have
to be adopted by members and staff of planning authorities and An Bord
Pleanála.

* Certification of Funfairs
The Bill originally provided for travelling funfairs to notify local
authorities of their plans and to produce a certificate of safety. It
is now proposed to require all funfairs, including permanent ones, to
provide a certificate of safety to the local authority.

Speeding up the provision of infrastructure
As agreed by the Government in February amendments are being prepared
to implement the
recommendations of the Cabinet Committee on Infrastructural Development
in relation to the
Planning Bill. These relate to -

- Requiring An Bord Pleanála to give priority to major infrastructural
development,

- Removing the statutory prohibition on infrastructural development
being carried out until the outcome of all legal proceedings.

- Providing for the High Court to deal expeditiously with legal
proceedings in major infrastructural cases.

- A person seeking judicial review must show a previous interest in the
case unless exceptional circumstances can be shown.

- A person seeking an exemption from the 8 week time limit for taking
judicial review must prove the existence of the exceptional
circumstances.

Housing Supply - anti avoidance measures
Measures to ensure that developers cannot avoid the provisions under
Part V of the Bill in relation to the provision of social and
affordable houses will be introduced.

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Development on foreshore
The Minister proposes to require planning permission for development on
the foreshore which is adjacent to the functional area of local
authorities. Planning authority functional areas do not generally
extend beyond the High Water Mark. A further amendment will allow An
Bord Pleanála to decide on infrastructure projects which cross the
foreshore without the need to apply for a separate foreshore licence
from the Minister for the Marine and Natural Resources.

* Notification of Revocation of Planning Permission
In a recent High Court decision it was decided that fair procedures
demanded that, before a planning authority revokes a planning
permission, the persons affected should be notified of the proposal. It
is proposed to include such a procedure in the Bill.

* Outdoor Events with planning permission
It is proposed to clarify that those venues which have planning
permission for a certain number of concerts will not require a licence
under the Bill for those concerts e.g. 1 per annum in Slane or 3 per
annum in Croke Park. Any additional events over and above those for
which permission has been granted will require a licence. It is also
proposed that the fact that events have taken place in a venue in the
past should be a material consideration when deciding on whether or not
to issue a licence, e.g. Lansdowne Road.

Control of Major Accident Hazards
Amendments are proposed to transpose those aspects of the Seveso II
Directive on the control of major accident hazards relating to planning
and the avoidance of hazard.

* Tenure of City and County Managers
The opportunity is also being taken to amend the law on the tenure of
local authority city and county managers. At present the maximum term
of a local authority city or county manager is 7 years. An amendment is
being introduced which would retain the basic 7 year contract as at
present but would give managers an option to extend this by three years
provided notice is given at least 2 years before the end of the 7 year
term. Managers who opt for the extension may not seek other manager
posts during the extended contract period. There will, however, be an
exemption to enable serving managers to apply for certain senior posts,
e.g., Dublin City Manager, Cork County Manager.

ENDS
29/3/00