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:

The Senator is correct that a waiting time of one year for an appeal is not acceptable in the view of the board. A confluence of internal challenges existed. The small number of board members meant that they could only hear a limited number of cases. As Ms Lambkin stated, a new system was implemented across the organisation involving all files having to be put onto the system rather than staff dealing with hard copy files as had previously been the case. That required that the system be refined. In the middle of that process, the board took on new strategic housing functions which meant that we had to redesign and build into the system the capability to deal with the new strategic housing schemes of 100 houses or more. Obviously, there is a large intake of cases. We have recruited to ensure that we have sufficient staff with the right skills sets to cope with the demand. As cases have become more complex, they require more resources. I am now in a position to look to the future. I recognise and the organisation accepts that change is required. Our objective is to be able to deliver all cases within 18 weeks by the summer and to then maintain that level of service. We have brought through some initiatives. We have created a free-flow system for smaller cases such as extensions, which we seek to prioritise and have dealt with quickly by the inspectorate and the board. Some 96% of smaller cases are decided within an 18-week period. It can be done but not for every project. We will improve further. As we develop the system we will refine it and it will become more efficient.

The board treats every submission, whether from an individual or a group, in the same way. We look at everything in the file, the history of the local authority and what happened. If it is an appeal, we get the full papers from the local authority. The point of having an impartial board is that we can look at an appeal, assess it in its entirety and come to a robust and defensible decision. The number of appeals is not declining but that probably reflects the current level of planning activity rather than more objections and complaints being lodged. Indeed, many people contact us in support of developments. Not all submissions seek to block planning applications. The number of cases we are able to process reflects the fact that we are still efficiently dealing with cases while adhering to the clear statutory requirements for us to take all views into account.

The Senator is correct that there has been an upsurge in planning activity. It is great that local authorities are getting the resources and planners that they need. As well as development management, they have responsibility for development planning. Obviously, the national planning framework and the regional plans need to be reflected and built in to city, county and local plans. An Bord Plenanála has more than 50 planners but, given the complexity of some of the appeals, we needed to ensure that we have the right skill sets and expertise to efficiently process those cases. It is a matter for the Minister and the Department to ensure that local authorities are resourced to do likewise. We are a planning authority. The planning regulator, Mr. Niall Cussen, will have a very important role. The need for a planning regulator was flagged in the report of the Mahon tribunal in 2012-2013. Although it has taken some time for the regulator to be appointed, with activity currently ramping up, his role will be to assess how the system is working at local level and to ensure consistency.

It is a policing role but it is also a supportive and facilitating role. Efficiencies and best practice can be shared across local authorities and we are able to assess and address some of the issues Senator Boyhan had about the perceived or temporal inconsistencies between what might be in local plans and national guidance. That is something in which the regulator will have a strong role. We will be subject to the scrutiny of the regulator as well in the way we perform as a planning body. We will also answer to and be subject to the role of the regulator, who is independent in his functions.

One question related to appeal fees. Obviously, the fees are something that the board proposes and they are set by the Minister. Again, as part of improving the system and so on, we may take the opportunity once the Plean-IT project is rolled out and available to see whether the fees are proportionate. The fees have not changed much in the past ten years or more.