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
Mr. Terry Sheridan:
There are thousands and it is an issue. It was an issue that was raised by Deputy Catherine Murphy last year in her Private Members' Bill. We have committed to undertaking a detailed review of the existing taking in charge provisions, including the provision of adequate bonds and securities, in the development of the Bill. As I have outlined, we will be coming forward with proposed changes to streamline, expedite, update and make the existing provisions more effective.
In respect of the investigative powers of the regulator when they form an opinion with regard to certain issues in the performance of a planning authority, the regulator will essentially be looking at the returns of local authorities, the statistics that are coming in and the percentage over-turn rate with regard to decisions of An Bord Pleanála which reverse decisions of planning authorities to assess whether there is consistency throughout the country. It will select local authorities at random and undertake reviews of their performance. If any issues are identified, it will pass them on to the appropriate authorities, initially the Garda, for further investigation. We are talking about trying to ensure a better and more equal outcome for citizens in the activities and operations of the planning system.
In respect of research and education and whether elected members will be included, providing education and research and support for elected members and public officials operating in the planning system will be one of the key functions of the regulator. Mr. Niall Cussen and I have already been active in this regard of late. We have engaged with the Association of Irish Local Government in undertaking a series of roadshows on the planning system targeted at the recent intake of councillors who were elected last year.
In respect of the role of the Minister and when his involvement will kick in with regard to development plans and any issues arising with regard to them, the final decision will rest with the Minister but the regulator will be fairly active during the development plan process as it is being drafted and published.
As already outlined, any final decisions in respect of directions to local authorities will rest with the Minister and will be based on the advice of the regulator. On the issue of fees in respect of submissions from elected members on planning permission applications, we will be advocating that such fees should not be imposed.
The Senator referred to disabled access. Perhaps we might consider the insertion of a relevant provision. Mr. Cussen has already addressed this issue, which is much broader than planning and which is primarily a building control matter. Massive progress has been made in the area of disabled access to buildings, particularly public buildings, in recent years.
Senator Brennan referred to speeding in housing estates. We issued a circular to local authorities on this matter quite recently. I can forward a copy of the circular to the Senator for his information. It indicates that speed calming and other similar measures should be addressed in the assessment of planning applications for proposed new residential estates.