Oireachtas Joint and Select Committees

Thursday, 9 September 2021

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development (Amendment) (LSRD) Bill 2021: Discussion (Resumed)

Photo of Rebecca MoynihanRebecca Moynihan (Labour) | Oireachtas source

I thank the Chairman. I thank the presenters for coming in to give a really good overview of this legislation. I also want to ask about head 8 in terms of further information not being allowed or addressed if it has not been brought up at pre-planning stage as I have great concerns about that.

I wish to address the issue as to why the SHD legislation came in to begin with. It was on foot of the construction industry stating that planning was the element that was delaying the industry and adding to costs. To a certain extent, when I saw the Construction Industry Federation complaining in its submission about the judicial reviews and using the same language in respect of 75,000 potential family homes being at risk as a result, I believe it is very concerning that it has not moved on from that. The fact that it undermined planning and the normal planning process through the SHD legislation has been what has led to the huge rise in judicial reviews. The commencement figures speak for themselves in that regard.

I am delighted to note the presence of Mary Conway from Dublin City Council, who is an exemplary planner and has been involved in a number of development plans at a city council level. Therefore, I take very seriously what the CCMA has put forward. While Ms Conway has addressed the increase by 15% to 30%, can the CCMA representatives flesh out whether they believe that should be specified? Should it be only commercial use or non-commercial uses, in terms of getting mixed use development?

I wish to put the following question to Ms Conway and Dr. Norton. One big concern is that by the time something reaches planning stage, communities are often excluded. They are often going through the planning process. If, however, we are to move to a development plan-based system rather than a development management system, how do the witnesses think the development plan process should be overhauled? As they know, the statutory timelines are very strict when it comes to development planning. If one does not include something at an early stage, one cannot then include motions at later stages of the plans. I have been involved in development plans where we had things such as master planning of sites that were thrown out afterwards once a landowner or a developer came in and it was changed at that stage. How do the witnesses think it should be overhauled? What would they like to see changed and updated about the development plan process?

Second, I want to touch on the issue of resources. Dr. Norton and Mr. Kelly and I think Ms Conway talked about the need for additional resources that are available and the need for local area plans, LAP. I certainly know that from a Dublin city perspective, there is a long list of areas that have to have local area plans and very short timeframes and resources are available to them. Can the witnesses see other alternatives being put into the development plans, which have a statutory and a legislative basis and perhaps are not as complicated as local area plans, that we could use?

Lastly, can the witnesses give some indication of what they would like to see included in the plans and guidelines for development management?

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