Oireachtas Joint and Select Committees

Tuesday, 13 December 2016

Select Committee on Housing, Planning, Community and Local Government

Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage

2:10 pm

Photo of Eoin Ó BroinEoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I said the following on Second Stage. We provided data for 15 planning applications and I accept that 83 weeks is far too long. I read the breakdown or evidence provided by the Department's officials and three questions arose. Did the Department consider shortening the pre-planning process through legislation? If it did then the length of the delay would be dramatically reduced from 33 weeks to something shorter. In the period where a formal planning application is made, did the Department consider shortening the length of time an applicant has to return information? Again, the measure would shorten the delay.

My next question is on appeals made by An Bord Pleanála as its jobs differs from that of a local authority. Did the Department consider shortening the length of time statutorily that An Bord Pleanála has to reply and, if necessary, will the Department provide additional resources? The reason my three questions are vital is due to the concerns many of us have with Chapter 1 that are as follows. The Minister said in his remarks that in some respect the provision could strengthen the hand of councils. The provision takes the responsibility for making a planning decision away from the local authority. The provision leaves the local authority with a consultative role but takes the decision away. One of the consequences is that the role of the county or city development plan in the planning process is changed because local authority planning departments must adhere more rigidly to the text of the county or city development plan than An Bord Pleanála does, which only has to have regard for same.

The provision also removes the right to appeal, which is significant. I am not criticising the staff of An Bord Pleanála by saying the following. Let us assume that the process could be available to more than ten local authorities. The Department then expects the staff of An Bord Pleanála to have the same level of detailed knowledge of the city and county development plans, the local authority policies, the context and the local domain on the ground as the consequent officials in countless local authorities. I have no difficulty with shortening the timesframe but I am concerned for the four reasons I have outlined that other ways to shorten it could have been considered. I look forward to hearing the response of the Minister of State to my questions.

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