Mr. Kevin Kelly:

I thank the Chair and members of the committee. As outlined, I am the chief executive of Mayo County Council and chair of the CCMA committee on housing, building and land use. I am accompanied by Ms Mary Henchy and Mr. Kieran Kehoe. I extend apologies on behalf of Ms AnnMarie Farrelly, who is in the throes of implementing the current legislation on the development plan in her area.

On behalf of the CCMA, I thank the committee for its invitation and I look forward to assisting in relation to the pre-legislative scrutiny of the draft planning and development Bill 2022. The CCMA welcomes the consolidation of planning legislation and supports any measures that will improve the effectiveness of the overall planning system, not just for practitioners, but for the public in general. We are currently engaged in a detailed review of the content of the draft Bill and will be making a comprehensive submission to the Department. Our focus today is more on the important high-level issues that we would like to bring to the committee's attention.

The CCMA welcomes the addition of the purpose section to the legislation, but considers that the role of local authorities is somewhat under-represented. Given that planning authorities are at the coalface in the planning system with a democratic mandate catering for the full suite of planning functions, it is considered that the purpose section of the new Act should clearly define planning authority function and role. The CCMA believes that the purpose can reinforce the principal aims of improving the quality of life for all our people, while at the same time striving to implement the United Nations sustainable development goals. The purpose could also reflect the aim to ensure that there is balanced regional development which will support the continued growth not only of our main cities, but also our towns and villages.

The CCMA supports the move to give full statutory effect to a plan-led planning system, one which works in accordance with the overall hierarchy of national planning policy documents. We strongly endorse the move to a ten-year cycle for development plans. The preparation and making of city and county development plans and other urban area plans, priority area plans or joint area plans not only set the framework for development of different types and uses, but more importantly, must strive to enhance our communities, whether large or small, urban or rural, and create a sense of place so that the future Ireland we all inhabit is a better place.

The existing Planning and Development Act was drafted in 1999, when strategic environmental assessment, appropriate assessment and strategic flood risk assessment did not exist. A number of different types of plans are now being introduced, and there must be clarity around where these will be appropriate regarding size, scale etc. The new Act should simplify the plan-making hierarchy underneath the development plan, rather than having multiple different plans. There is concern regarding the level of complexity, consultation and the indicated timelines which we feel are not aligned with the current resource availability. The CCMA urges that consideration be given to replacing the proposed schedule for the preparation of these plans within a one- to two-year period to at least a three- to four-year period or more.

It is noted that the new Bill refers only to objectives and strategies, but not policies, which would convey an overall direction of travel. The experience is that policies are a necessary part of development plans, and it is recommended that they are included.

Streamlining the development management process and making sure that it is robust to legal challenge is, of course, something all in the planning system want to ensure. However, we must also ensure that the system is easy to use for all our citizens, that it is clear and unambiguous in its operation, and that openness and transparency are to the forefront.

The CCMA and the local authority sector are involved in the implementation of all sections of the planning system, even when the planning decisions are made by An Bord Pleanála, or as it will be known in future, the Planning Commission. It rests with the local authority planning sections to ensure compliance and enforce the conditions of said decisions. In the proposed plan-led system, when it comes to assessing an application, a local authority or An Bord Pleanála should in the first instance rely on the development plan for its assessment. Only in specified circumstances, such as an updated ministerial statement, should it have to look beyond the council's development plan, bearing in mind the detailed statutory process that such plans will have come through. We welcome the need to ensure increased consistency with the development plans of the relevant local authorities in all decisions of An Bord Pleanála.

From our analysis to date, there appears to be a lack of reference to a development contribution scheme. The ring-fenced income from development contribution schemes approved by the elected members of each local authority is an important contributor to the capital plans of all local authorities and the delivery of infrastructure to support existing and future development. It is critical that such a provision is included in the new Act.

Since the first Planning and Development Act, the legislation has become more intricate and the extent of matters to be considered at application stage has vastly increased. The multitude of policies that a decision-maker must have regard to, or decisions must accord with, has also expanded. We would propose that the timelines for consideration of planning applications afforded to local authorities should be increased, particularly for larger, more complex developments including those requiring detailed environmental assessment.

The CCMA acknowledges the workload imposed on An Bord Pleanála. However, strict adherence to the timeframes that will be set out in the draft Bill is critical to ensure the necessary confidence and certainty on decision-making timeframes for the delivery not just of critical strategic infrastructure and much-needed housing supply, but also for economic development proposals, so that we maintain our international competitiveness as a location of choice in which to invest.

We note the introduction of enforcement authorities for specific complex activities, such as quarries and waste management, but it must be ensured that there is no duplication of effort and difference in decisions made. If such functions are to be removed from planning authorities, consideration of establishing a national enforcement authority as opposed to regional authorities would avoid duplication in establishment and operational costs, and would ensure a consistent approach across the country.

The inclusion of the formal taking-in-charge of an estate in the draft Bill is welcomed. This brings a natural end to the development of an estate from zoning, to grant of permission and on to taking-in-charge. However, the difficulty in respect of taking-in-charge is often the availability of resources to undertake work required, or to meet the residents' expectations as opposed to the statutory process itself.

As members are aware, the CCMA prepared an analysis of the existing resource deficiencies within the local authority planning system. This analysis identified an immediate need for at least 541 extra staff across technical and administrative roles, and to provide for the full and effective implementation of all parts of the new Act when commenced. These resources and more will need to be put in place, and there are ongoing discussions with the Department on this matter.

The committee will understand how complex the issue of planning has become, and the CCMA welcomes the recognition by the Department that further and ongoing training of our planning staff is required. The CCMA is working closely with the Department and the Office of the Planning Regulator to devise and deliver a substantial training programme for both our existing and additional staff.

In conclusion, members of the committee will fully appreciate that this is significant legislation with a lot of detail, and as a sector we are working through all sections of the draft Bill to ensure that we understand fully the intent of the provisions and how they might work. We will be submitting our detailed considerations to the Department on all relevant matters.

There are many detailed provisions that may impact planning authorities in carrying out their planning function and we will be seeking to give our best advice on where these impacts may require further consideration. To ensure its successful implementation, clear guidance needs to be developed for all stakeholders. The Office of the Planning Regulator has developed many such publications to date, which are of huge benefit to the public and their interaction with and understanding of the planning system. The CCMA welcomes the opportunity to engage with all stakeholders to ensure that all functions of the planning process are protected as we transition to the new Act.

The CCMA welcomes the draft Bill and the opportunities it can present to improve the effectiveness of the planning system. We will continue to work with our elected members to carry out our roles as the planning authorities in as efficient and positive a mindset as possible, and we will continue to engage with all stakeholders to deliver on plan-led sustainable development to the benefit of all.