Department of Housing sharply criticised for bringing forward planning Bill that is 'not fit for purpose' 

One of the Government’s own amendments, if approved, would ban planning authorities from refusing permission to developers solely on the basis that the area is already maxed out

The Department of Housing has been sharply criticised for bringing forward a planning Bill that is “not fit for purpose” after it tabled nearly 400 changes to its own legislation.

Debating the new Planning and Development Bill, which has been before the Oireachtas for more than a year, has now been delayed for an additional two weeks after the Government missed three separate deadlines for the finalisation of the draft law.

Initially, the Department had informed the Oireachtas Bills Office, which handles the administration of enacting new legislation, that it would not be able to meet a deadline of January 15 to table its changes, thus setting scrutiny of the Bill back a further week to February 7.

At that time the Department had roughly 100 changes it wished to enact.

Last week, the Department failed to meet fresh deadlines before it finally submitted 388 amendments on Friday.

The 68-page document containing those 388 amendments is in itself more sizeable than the majority of legislative Bills brought before the Oireachtas.

In a letter to the Housing Committee, the Bills Office said that as a consequence of those missed deadlines, debate of the Bill would need to be delayed until February 13.

Including Opposition amendments to the Bill, there are now more than 1,500 changes to the Planning Bill – the first such development bill to come before the Oireachtas in 25 years – which the Dáil will need to debate.

Sinn Fein’s housing spokesperson Eoin Ó Broin bemoaned the sheer number of amendments, saying it was evidence that the Bill 'is still not fit for purpose'. File Picture: PA

Sinn Fein’s housing spokesperson Eoin Ó Broin bemoaned the sheer number of amendments, saying it was evidence that the Bill “is still not fit for purpose”.

“There is a very considerable concern across the development community in both the public and private sector that this bill is going to confuse, complicate, and ultimately delay much-needed infrastructure, and residential and renewable energy developments,” he said.

“What we cannot have, at this stage, is more confusion, conflict, litigation, and delay, but my fear is that this Bill as it stands will result in all of that,” Mr Ó Broin added.

A Department spokesperson said most of the amendments are “non-substantive” in nature, and predominantly seek to clarify language across the Bill, while the various deadlines had been missed due to “technical issues”.

One of the Government’s own amendments, if approved, would ban planning authorities from refusing permission to developers solely on the basis that the area is already maxed out for housing under local authority development plans.

The Department’s spokesperson said that amendment had been tabled to ensure “an appropriate and proportionate element of flexibility” be afforded to the planning process about housing unit capacity and zoning.

“In turn, it is intended that the decision-making process does not further consider numbers and operates in a manner that does not restrict permissible housing development on zoned land,” they said.

This would be necessary to ensure, for example, that uncommenced planning permissions in an area would not block further development, they said.

Opposing deputies have until 11am on Wednesday to table their own amendments to what the Government is proposing.