Ms. Mary Grier, Senior Planner gave an overview to the Members on the recently introduced Planning and Development (Amendment) Act 2018. The Act was signed into law in July with Circular Letter PL 08/2018 issued in August followed by Circular PL 09/2018 dated 9^th November outlining provisions of the Act that have been brought into effect:

·         The initial intention of the legislation was to give effect to the planning related recommendations of the Mahon Tribunal and the scope of the legislation expanded as it progressed through the Oireachtas.

·         Establishment of a new independent Office of the Planning Regulator

·         Statutory underpinning of the National Planning Framework as a successor to the National Spatial Strategy

·         Various updates of the Principal Act in order to deliver greater transparency, efficiency and integrity in the planning system –

o   Ministerial guidelines are subject to SEA/AA

o   Submissions on plans and CE reports to be published on LA websites and various insertions to facilitate forthcoming e-planning

o   Proposed contraventions to be forwarded to Regional assembly

o   Elected members to pay zero rate fee for submissions, subject to further guidance

·         The sections that have commenced on enactment include control of licences premises, amendments to Strategic Housing Development, the Vacant Site levy, Derelict Sites Levy and special legal costs rule.

·         The Vacant Site and Derelict Site Levy will rise from 3% to 7% of market valuation from January 2020.

·         Provision for the deferral of the normal statutory plan making process until the adoption of the Regional Spatial and Economic Strategy (RSES). This means that the Roscommon County Development Plan has been deferred until 13 weeks after the NWRA RSES is made.

·         Development Management related provisions include mandatory pre-planning for certain developments; previous developments undertaken; previous convictions under certain acts; power to vary appropriate period (not less than 2 years);

·         Three-quarters of the members can request CE to prepare a report to initiate process of variation of the development plan and power to extend appropriate period is now in effect. There is a new element in effect regarding revocation of planning permission; and provisions regarding Take in Charge of Estates.

·         The provision regarding the office of the Planning Regulator is not yet in effect or the planning compliance procedures.

·         A wide range of functions have been assigned to the Officer of the Planning Regulator

The Cathaoirleach thanked Ms. Grier for the comprehensive presentation on the new Planning Act. The members discussed the presentation as follows:

·         The new regulations should not take away from the Members autonomy regarding Local Area Plans.

·         Welcome the regulations regarding developers past records being taken into account

·         Concern expressed that material contravention could be taken to a higher authority

·         Concern regarding a fee for pre-planning

·         Welcome the reduction of the 7year period to 4 years for Take In Charge however the changes to include the majority of house owners will make it more difficult to have the procedure completed. There will be resource implications for the Local Authority with the new 4 year limit.