Minister for the Environment Dick Roche has said he would personally ensure that a proposed incinerator for Ringsend would not got through fast-track planning procedures announced by the Government yesterday, but denied this was because of the intervention of the local TD and Minister for Justice Michael McDowell.
The strategic infrastructure legislation, which will see major waste, gas pipelines, rail, airport and other large critical infrastructure projects bypass local planning procedures and go directly to a special division of An Bord Pleanála, is to come into force by the end of this year.
Mr Roche said he also expected changes in the High Court to help process judicial reviews of planning decisions, including the designation of specific judges for planning cases.
The Minister defended the proposals and denied that the ability of people to make observations or object to planning applications would be limited by the new laws.
"Full public consultation will be required, oral hearings may be held," he said. The board will also be legally required to take on the views of local authorities and elected representatives, including councillors and TDs, who will be specifically empowered to make observations on an individual planning application.
The legislation allows for a new "strategic consent process" which will streamline the planning process for major projects, and allow for pre-planning discussions with developers. An Bord Pleanála will also be able to take "more flexible decisions" by making variations to a proposal, instead of either accepting it with conditions or rejecting it, as is currently the case.
Mr Roche said that the legislation can also make it a requirement for developers to provide facilities or funding to local communities where a development is taking place. "It reflects what is already happening on the ground in relation to the development of some types of infrastructure at present," he said.
The legislation is very different to the original proposals for a separate infrastructure planning system which were withdrawn in mid-2004 amid opposition from Mr McDowell, who has been supporting constituents in opposing plans for an incinerator in Ringsend.
Mr Roche said he had made it clear to Dublin City Council management he wanted the incinerator proposal to go through the existing planning arrangements.
He said that if there was any attempt to delay the project so that it is included in the new procedures, he would "take the appropriate steps", although he did not believe this would be the case. He also denied the interest of Mr McDowell was the reason for this approach.
"It's not because there is a Cabinet Minister representing Dublin South East. It's because this process has been ongoing.
"I think it would be very unfair to the people of Dublin, who have views one way or the other on that, to allow them to avail of the planning process which was not in place when their concerns were first mooted."
Mr Roche is also introducing new laws against rogue developers, which will enable a planning authority to refuse planning permission for non-compliance on previous projects. The move was introduced after concerns were raised in the Dáil by Opposition politicians, including Eamon Gilmore of the Labour Party and Independent Catherine Murphy about unfinished housing estates.