Oireachtas Joint and Select Committees

Tuesday, 3 February 2015

Joint Oireachtas Committee on Environment, Culture and the Gaeltacht

General Scheme of Planning and Development (No. 2) Bill 2014: Discussion

2:15 pm

Photo of Denis LandyDenis Landy (Labour) | Oireachtas source

I thank the speakers for their presentations and for the documents that have been circulated. I wish to raise a few items. Earlier, Deputy Cowen spoke about bonds and housing estates that were not taken in charge. Does Mr. Cussen have information on private estates that local authorities cannot take in charge because there is no bond or they do not have the money? In addition, they may be in NAMA or in a complicated banking situation. If Mr. Cussen has that information, I would appreciate it. I have heard figures, although I am not sure whether they are right or wrong, but it is important for us to deal with facts.

I welcome the proposed Bill but I have a few queries that Mr. Cussen might help me with. Part 2 of his document points out the investigative powers to examine, inter alia, possible systemic failings in the planning system and any corruption risks therein. Where will the situation go after an investigation? Is Mr. Cussen in a position, or will he be in a position, to carry out legal enforcement?

I welcome the provisions for research and training. Will elected members be included in the provision of training and research, which are often difficult for elected local councillors to avail of?

Deputy O'Dowd asked where the Minister stands on all of this. As I understand it from Mr. Cussen's explanation, where a Minister agrees with the recommendations of the regulator, he or she shall act accordingly and issue appropriate directions or instructions to the relevant executive on the steps to be taken in relation to the revision of a local plan. Is Mr. Cussen saying, in effect, that at the draft stage of a development plan - whether it is a full county development plan or a local area one - the Minister can instruct or direct changes? If not, when will the changes take effect?

We currently have a hierarchy of national, regional and local areas. This comes back to what Deputy O'Dowd talked about. If we have a specific input at local level for the betterment of a community or for a specific issue where it does not slot smoothly into the hierarchy, will the regulator be able to intervene in order to improve the situation, in the interests of best practice or for the best use of an opportunity to put a development plan in place?

Another issue that caught the headlines when this Bill was being proposed is that elected members may pay a fee for making a submission on a planning application. Mr. Cussen now says it will be a reduced fee or no fee. Will it be no fee or a reduced one? Perhaps Mr. Cussen can clarify that matter.

As regards improving and streamlining the existing provisions in section 180 of the Planning Act on taking housing estates in charge, can Mr. Cussen explain exactly what he means to do in that respect?

Deputy Dowds raised the issue of disability. He and I were contacted by representatives of the disability sector about this issue. Section 25(3) of the Disability Act 2005 states that we must ensure all public buildings are accessible by 2015. I agree with Mr. Cussen about the work that has been done in new legislation concerning public buildings and local authority housing. However, there are a plethora of local libraries, sports complexes, swimming pools and council offices that are not accessible for those with disabilities.

I hate to say it here but if a disabled person wanted to come to the council chamber in the town hall in my home town of Carrick-on-Suir, he or she had to be carried up two flights of stairs in their wheelchair. There was no other way to get into the chamber. We often had to move civic events from the council chamber to the local hotel. That was unacceptable. According to the legislation I have referred to, this is supposed to be dealt with by the end of 2015 which is ten months away so can the Department put a specific element into this Bill under miscellaneous revisions of planning Acts to deal with this issue once and for all?

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