Oireachtas Joint and Select Committees

Thursday, 10 November 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

General Scheme of the Planning and Development and Foreshore (Amendment Bill) 2022: Discussion

Mr. Gavin Lawlor:

I do not know if it is necessary to that extent. Once the board is resourced properly, that is, provides more board members, that will probably solve the problem and allow the chair more discretion to function in a traditional CEO form, for want of a better description.

The other thing to mention is that there is a planning authority and then an appeal function. The thing that confuses people and has caused a great deal of consternation, particularly with strategic housing developments, SHDs, is that the board has two functions. It has an appeal adjudication process, which is almost quasi-judicial, and that is what it was set up for in the first instance. We have added the function of the planning authority for deciding as a court of first instance in planning applications. One is a development assessment authority and the other one is an appeal authority. Perhaps one of the things that might be looked at for the board is to, perhaps, dissociate those two functions a little bit more clearly, so that if one is making an appeal; one knows that is in an appeal, and if one is making a board referral; one knows that it is a board referral. Perhaps, two different boards are not needed but different members could be associated with different groups - I was going to mention panels there to create even more confusion - within the board. That is something that could be looked at as a potential future change.

The existing position creates confusion and that is unhelpful in the community because much information has come out in respect of strategic housing, generating confusion in the community. It has done good things but it has also created a great deal of confusion and there is a great deal of angst over specific planning policy requirements, SPPRs, and how they are being implemented.

The other point I would ask to be noted is that the selection of the chair is key. More traditionally, that has been somebody from the Department. I would call for somebody different, this time around, speaking for the institute. That is, somebody from a different background, be they a semi-State CEO or somebody who may have something more of a business head on the governance side of things.

Comments

No comments

Log in or join to post a public comment.