Oireachtas Joint and Select Committees

Wednesday, 13 November 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

Traveller Accommodation Expert Review: Discussion.

Dr. Conor Norton:

On those two points, the first point I would like to make is that we sought to put the planning recommendations in a broader context. I refer to longer-term and shorter-term recommendations. In the longer term, we want to see systemic change in planning, the legislation, general guidance, policy and a better alignment of areas. The Deputy can see those in the recommendations we make. In the shorter term, however, we are recognising and responding to the existing need. We are recommending a five-year period, which is really the end of the planning process - the delivery stage. From reading the previous reports and the consultations we have had, one area that keeps returning is the section 8 provisions within the planning code.

There are two elements to our recommendation. The first element is that in the short term, while we are putting in place the changes to the planning system, the decision-making on the Part 8 function would switch from a reserved function, which lies with the local representatives, to an executive function so it would lie with the chief executive for a temporary period.

To balance that, we would draw attention to the fact that we would like to immediately see that reinforced, even in this period, and retaining the role of the local elected representatives in the Traveller accommodation programme, TAP, in the housing strategy and in the development plans, to ensure that any concerns about local democracy, local consultation, engagement, etc. can be addressed in that sense. That is a short-term recommendation.

I would have a similar concern about shifting decision making from local authorities into the centre but in this particular instance, we would recommend that, for this shorter-term period, to address delivery we would have an alternative route for decision making to An Bord Pleanála and that that would be similar in nature, although not the same, to the provisions that currently exist for strategic housing development.

Obviously, we consider that there is a strong need for it in this instance. I probably would not be in support of these provisions, in that as a planner, I am not generally in support of provisions that would move local decision-making out of the local arena.

The Deputy asked what it might look like. It would be ideal, were the proposals to be brought forward on foot of the TAP and the development plan. The executive develops the proposals and brings them forward for local consultation and engagement. At a certain point in time when decision-making is required, that provision is made to submit those proposals to An Bord Pleanála. As with strategic housing development, a consultative process is available within the board to allow those who have made or wish to make representations locally to get engaged in that.

Some design would be required for this process. Perhaps some of the lessons that have been learned regarding strategic housing development could be added to that, in respect of revisions, additional information and so on.

I reiterate the point that those short-term measures are within the context of longer-term systemic changes to legislation and the very basic policy foundations in planning to deal with Traveller accommodation.

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