Oireachtas Joint and Select Committees

Wednesday, 6 February 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

An Bord Pleanála: Discussion

Mr. David Walsh:

I thank Deputy Casey. One core issue concerns whether the statutory objection period should be cut off. That issue has been discussed between the Department and this committee and has been debated in the Oireachtas through various tranches of legislation.

The system is the system we are currently implementing. Until the Government and Oireachtas change the legislation, we will be dealing with it. We have learned lessons. In the strategic housing development process, we have been able to deliver on all cases within 16 weeks. The Oireachtas built in a safeguard stipulating that if the 16-week period is exceeded, there is a penalty for the board. It has been possible to deliver on this because there has been a very clear structure of pre-application consultations involving the local authority, developer and board. Everyone understands what is expected, the key drivers and the appropriate use of the site, and then we drive forward. We have resourced a strategic housing development team dedicated at administrative and inspector levels within the organisation to ensure we can meet the 16-week deadline. The reality, however, is that there are limitations to strategic housing development. If we were to hold an oral hearing or look for further information, the process would require more time in order to enable people to comment and send in further information, to see what comes in so there is transparency on a file, and to participate in an oral hearing. The difficulty is that with every single case, one wants to ensure the board has sufficient information before it to make a robust decision.

With regard to some of the European directives and requirements and environmental impact assessment reports, appropriate assessment is required. Again, the processes in this regard add time to the evaluation but also to circulation and participation by stakeholders, including other Departments. Until such time as the Oireachtas or the Minister say we are changing the system, we will proceed as I have outlined insofar as we can. Where we have been able to identify particular types of schemes - the free-flow, smaller types - we are hitting 96%. There will always be one or two cases in which we do not have enough information and have to go back out. That might take four or five weeks because when someone replies, we then ask the local authority or other observers to respond. We are seeking to make the system more efficient.

As I mentioned in my opening statement, strategic infrastructure involves an important role for the board. I recognise one might feel this has evolved and moved into the board from local government and the planning process but we have processed and adjudicated on about 110 or 111 cases since 2006 or 2007, when the strategic infrastructure functions fell to the board. These involve large-scale projects and major schemes, including roads and infrastructure projects. They have provided many of the building blocks for what we regard as the investment necessary for business, residential and commercial activity to happen as demand for development increases.

Through our systems and processes, we are learning lessons from strategic housing and determining what lessons we can learn about transparency and communication to streamline pre-application consultations, but recognising that where there are complex cases, they might not be as straightforward as a housing development. There could be much interaction on heritage and environmental issues. There is certainly room for greater efficiencies and streamlining of the processes. That is something we will be prioritising the first half of this year.

It was stated that if we had a clearer system and better communication regarding how we make decisions, so people can understand the system, it would be beneficial. The issue of a website arises in this regard. The development and modernisation of a website is one of our top priorities. Ms Lambkin is very eager to move with the times and ensure we have it. We have obviously had to prioritise our internal improvements first. As we now have the system running live within the organisation, we are certainly turning our attention to it. Part of that is about making information fully available so people can navigate the board's website.

It is also a question of the language we use. Both Senators touched on how we explain how the system works. It is a matter of removing some of the jargon from the system in so far as we can.

I shall ask Ms Kenny to elaborate on local area plans, one-off rural housing and the high rates. Our body is in development management so we actually deal with applications and appeals. The process concerns development plans being out of date and local area plans. It is a challenge. There are consequences to having plans that do not reflect the current context or reality, and this is where the board has to take a very balanced view and consider the latest and most up-to-date policies on the environment, planning and other elements, in addition to considering the local objectives. That is something the new regulator should be examining in terms of determining how to address the issue of consistency between regional, county and local plans, which should take precedence, and whether there are better ways to ensure consistency. Ms Kenny might touch on wind energy also.

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