Dr. Mary Kelly:

I thank members for their questions, to which I will try to respond. If we have not sent hard copies - I think we did - to the Library, we will send them in the next few days. We will certainly do that in respect of the years for which they are missing. A number of questions have been asked and so if I do not answer specific ones members might come back to me on them.

In regard to the Chairman's question about the 100-plus unit applications, approximately 60% of them are appealed to An Bord Pleanála currently. In other words, 60% of the 100-plus projects go through the planning authority and then come before An Bord Pleanála on appeal. In the vast majority of cases, the local authority decision is upheld by An Bord Pleanála. In respect of the recent past, they are the figures.

On resources, we have an expert planning inspectorate in An Bord Pleanála. Ms Rachel Kenny is the director of planning. She is a very experienced director. We have good expertise such that I think setting up an emergency organisation to deal with planning and some of the other things suggested is probably not a good idea. We are happy to offer our expertise to help in this regard. We immediately said to the Department that we will play our part but we cannot do so within our current resource base. We have put together a plan, which is outside of our current workforce plan but will be contained in the 2017 workforce plan that all public sector authorities are required to produce. We have looked in detail at the projections for the next two years in terms of numbers. We do not know the number in that regard but we have some estimates, in respect of which we have sought sanction from the Department for a certain number of staff members. The Department came back to us recently asking us to formalise that.

The process of looking for the staff to do the work is in train. I say I am confident we will get them because we have been told we will. That is as confident as I am about it. That is as confident as anybody in the public sector can be about staffing. I believe we will get them. We intend to put experienced people in a housing group within An Bord Pleanála. Some of the new staff we will get may well be in that group, but it is likely that it will consist of existing experienced staff. That will allow us to start this process with an experienced panel of inspectors.

Housing applications can be big, but they are generally not that complex. They are not as complex as those involving strategic infrastructure developments. They generally do not necessitate an environmental impact assessment or involve appropriate assessment issues. There is no question of projects being brought forward on anything other than zoned land. As far as I know, that is what the legislation is designed for. We will not be doing anything outside it. The public and the local authority will already have gone through the planning stages informed by the county development plan and the local area plan.

While we are very conscious that this is a different scheme, it is similar to the strategic infrastructure development scheme in the way it will run. Anyone who has an interest in one of these schemes, including any member of the public, can make submissions to the board. Submissions are treated very seriously by the inspectors. That part of the process is working very well in the case of strategic infrastructure development schemes. I do not think people believe their detailed submissions are not heard, even if they might not like the decisions made at times. Although the legislation is written in a way that does not allow for appeals, An Bord Pleanála staff will be very conscious that the board is the court of final appeal to a certain extent. We will be very conscious of the need to look at what people say, as we are in strategic infrastructure development cases and others.

We think we can do this within the very tight timeframe provided for, but we have not tried this before. I cannot say for sure there will be no glitches. We are certainly planning to provide the resources we need to deal with it in a very structured way. We want to ensure not only that housing developments will ultimately be granted permission, but also that the process will be fair and transparent and could result in planning permission being granted or refused, depending on the quality of what is requested. The developments will receive the same independent and fair assessment as any other housing or other development. If it is a good development and meets everything that needs to be met, planning permission will be granted. If that is not the case, it will not be. That remains the case.

When we have been considering housing developments in recent times, we have been very conscious of the design manual for urban roads and streets, the aim of which is the development of sustainable communities. When we have been considering large housing developments and strategic development zones, we have been requiring developers to focus on sustainable communities, not just housing estates of the traditional type. We will be demanding high quality. We will be able to set out our concerns in that regard for developers during the pre-application process. During the pre-planning stage we will ensure there are no major gaps in proposals in areas such as water supply and wastewater services. For example, we will make sure traffic densities are within the county development plan guidelines and other guidelines. Applications that tick all of these boxes should be robust. They will still be applications at that stage and it will not be a case of pre-decision. It will still be possible for the applications to be granted or refused, but at least we will have flagged at an early stage the concerns at which the board will be looking as it makes its decision. We will try to meet our deadlines.

The new housing development cases will be available online from day one. Hard copies will always be available in local authority offices and An Bord Pleanála. It will be possible for people to access and see these details. The system in this regard is no different from the current local system. People will be able to see applications in local authority offices. It will not be any different.

We do not yet know what the fees will be. Obviously, we will discuss that matter with the Department. I assume they will be along the same lines as the fees that apply to ordinary applications. I do not know and cannot say as I have not seen anything on it.

I will address some of the comments made about the IT system. We have worked for 40 years without the direct access digital platform we are to produce. It is clear that the system is working. Planning applications are available at local authority offices. The whole file is also available in An Bord Pleanála. I assure the committee that An Bord Pleanála has been one of the most transparent organisations in putting the decisions of inspectors, etc., online during the years. It was one of the first organisations to have a proper website with this kind of information available on it. In every single case the inspector's report, the board's direction and order are put on the website and available for everybody to see. That has been the case for quite a number of years. We are very conscious that many people avail of this service. I am talking about the provision of an enhanced service, rather than the development of a new one from scratch. There is no question of our having to stop doing things until we get the IT system ready. We have been running the organisation very effectively for 40 years without it.

While I am on the subject of information technology and transparency, I must mention that there was a big change in 2007 for An Bord Pleanála and society as a whole when strategic infrastructure development cases started to come to us in direct applications. At that stage, we insisted on there being a dedicated website for each such application. We demanded that all of the documentation from the applicant's side such as plans, drawings, environmental impact statements and Natura impact statements should be available on the applicant's website. In those days we were not in a position to host such information on An Bord Pleanála's website. Therefore, we insisted on the applicant having a dedicated website. A similar approach will be taken to housing applications when they come to us directly. From day one we insisted on people being able to see applications.

When we make a decision, we are legislatively required, for reasons of transparency, to give reasons for it and address the matters to which we gave consideration. The board does this on the face of the order. We set out our reasons for every part of the decision. That information is available. Similarly, the legislation gives the board the ability to overturn the decision of an inspector in some cases. If it does so, it has to explain why it is overturning the inspector's report. Not only does it have to give the reasons for the decision, but in overturning an inspector's recommendation it also has to specifically address the matters to which it gave consideration and state why it has made its decision. We have been doing this for many years and will continue to do so. I know that people sometimes feel not enough reasons are given, particularly if the decision is not the one they wanted or were hoping for.

That issue has been the subject of many judicial reviews during the years. I said earlier that there had been 700 reviews. While I do not know exactly how many were about the reasons given and the matters to which consideration had been given, it was quite a lot. Our reasoning has generally been upheld in the courts.

I heard what was said about individual cases. I will not say anything about them, save to say large strategic infrastructure cases are extremely complex. The environmental directives from the European Union have been put in place to protect the environment and have to be met to the letter of the law. Many citizen groups look precisely at whether we are meeting the requirements of the directives, right down to making very detailed submissions. They do take a long time to deal with. In some cases we have had a court quash a decision of the board, possibly based on an EU environmental or habitats directive or an environmental impact assessment. Frequently, when the case comes back to us, we have to look for further information to fill the gaps identified by third parties or the courts. There is no doubt that it can take a long time to deal with them, but we do try to do so as quickly and as efficiently as we can. Sometimes to provide the further information required an applicant can be required to engage in extra surveying for a year or two. Nothing can come back to us until these surveys are completed. It has added much complexity to the system. Nevertheless, we have to remember the reason for the directives is to protect the environment and the precious resource we have available in Ireland.

Senator Grace O'Sullivan asked whether ageing and disability factors would be considered in housing provision. The guidance in place is on a better mix of housing, which we take into account. It involves a mix of houses and unit sizes. That was what I was referring to in mentioning the design manual for urban roads and streets, DMURS. When we are looking at large developments, we are looking at whether there is an appropriate mix of units, etc. Ageing and disability factors will be taken into account. The building control code also covers some of the specifics, including ramps, lifts, etc. These cases can be referred to us on appeal based on building controls. It is all part of the building regulations.

The number of inspector reports overturned was 13% last year. The figure stays remarkably steady at between 11% and 13% every year. The legislation allows for the board to overturn an inspector’s report. If we do, we have to give a reason and state the matters to which consideration was given. There would be no need for An Bord Pleanála if we were to agree 100% with what an inspector said. He or she could decide all cases. However, the Oireachtas decided in its wisdom that the inspector was not to have the last word on the issue and that An Bord Pleanála would review an inspector’s work and make the final decision. That is precisely what we do. It is healthy that there are some reports overturned. Otherwise, it would be just a technical decision.

It does happen that a developer has a refusal from a local authority overturned, but it only happens in a minority of cases. First parties have a right to appeal a decision as much as third parties do. They can and do appeal, but the majority of original decisions are upheld. I can get the committee specific numbers if it wants me to do so. On occasion, we grant permission for whatever reason, but, again, we have to state the reasons for our decision.