Oireachtas Joint and Select Committees

Wednesday, 6 February 2019

Joint Oireachtas Committee on Housing, Planning and Local Government

An Bord Pleanála: Discussion

Ms Rachel Kenny:

Regarding out-of-date local area plans, particularly regarding the strategic housing application, there has been very positive interaction with the planning authorities, which recognise and are hamstrung by the fact that some of their plans are quite out of date. They are very supportive of the proposals coming in, notwithstanding that they do not comply 100% with the development plans or local area plans because of the passage of time and the delays in having to review them, brought about by the changing national and regional policy context. In a way, the strategic housing allows those to go ahead. Notwithstanding that the board is allowing and facilitating material contraventions of plans, they are actually being supported by the planning authority because of the time lag. The others are, unfortunately, not in such an advantageous position, but that depends on the particular case and the rationale being put forward on appeal stage.

With regard to the rural housing element, it is not just first-party appeals. If members believe all the applicants are appealing the decisions, they should note that a significant number of the decisions are appealed by third parties. While pre-application consultation assists the applicant, our system allows for third parties to be involved and to have a say. That will also be related. The other element that keeps the figure high is that sometimes it is an issue not of the principle but of the design, conditioning and so on. The figure looks quite dramatic within the residential context as a whole but it is not just a case of applicants being refused and having to appeal. There are multiple reasons.

With regard to wind and solar energy and the lack of national policy or guidelines in that regard, there is a general policy or national context in terms of positivity towards renewable energy. We know we have to move towards renewable energy. In principle, we should be looking positively at renewable energy. We must look to the local context, local development plans, county development plans and so on to ensure there are not particular issues that would influence the decision-making because ultimately the board will look at each case on a site-by-site basis and at the proper planning and sustainable development. We support renewable energy but if there is a negative or adverse impact brought to our attention by the planning authority or objectors, that will obviously be brought into consideration. Just because there is not specific guidance in this regard, which would be very helpful, the board is still in a position to consider these cases in a very holistic way. As Mr. Walsh said, however, we are referring to some of the application types or appeal types because they do not all fall into the strategic infrastructure development category. Solar does not fall into it at all. I refer to some of the appeal types that take longer than the 18 weeks. Since they are new, there is not always a policy context, nationally or locally. Therefore, there are sometimes oral hearings and sometimes we have to go back and circulate information and look for more information. It is a very new field. When we are operating at full efficiency, these cases are part of the 15% regarding which it takes us a little longer to ensure we have a consistent approach across the board.

I wish to address one point I omitted. Going back to the issue of customer service and our ultimate driver to make the system more accessible and easier to understand, we are obviously working very closely with the local authorities, the CCMA and its e-planning team. We sit on the steering group on planning. We are aligning ourselves so that as and when they pilot their scheme for online applications in the first instance we will be ready to take any online appeals. We will be moving into an aligned and synchronised system. Separately some housing and large infrastructure cases come our way directly. We will be taking new applications as well as dealing with appeals. We are clearly focused on ensuring that hopefully by this time next year we will be able to talk about how the new system is close to being in place if not in place, making it much easier to make appeals and see what is happening on the ground.