Pádraic McCormack (Galway West, Fine Gael)

I am sorry the Minister was tempted to depart from his script at the beginning of this debate because we would have had a more constructive and productive discussion if we did not have such crossfire happening. However, that is done now.

I welcome the opportunity to speak on this motion, which is principally about the function of elected members with regard to planning. Elected members have two rights or responsibilities in this regard. They have the duty to adopt, every five years, a county or city development plan. They also have the right, written into legislation, to implement what are known as section fours and, sometimes, material contraventions, of the plan. This is very dicey ground. Section fours or material contraventions of the plan should only be entered into in extreme circumstances. That said, there are cases where a section four is necessary because sometimes planners do not get it right.

I was a member of two local authorities, a county council and a city council, for many years. I was involved in the adoption of at least four county development plans and three city development plans and I am aware of the pressure exerted on councillors when a development plan is being adopted. Working as a councillor was relatively easy when I started in 1974. It was left to the councillors and officials to adopt the plan. However, as time went by, and especially in recent times, lobbying became much more severe and demanding. No matter who came to me with recommendations for a county or city development plan, I listened but kept an open mind until the draft plan was published. Once the draft was published, people were entitled to make their submissions but I still kept an open mind until I had read the manager's report. Only then did the council collectively make a decision on adopting the draft plan or supporting submissions referring to that plan.

One could get very strong representations from those on both sides of the argument. For example, a draft development plan is produced. A man has 20 acres on the outskirts of a town or village which it is proposed will be zoned residential. There are meetings with community councils, residents' associations, the public and lobby groups to which all elected representatives are invited and which, particularly during an election year, all attend. Councillors will be lobbied. Submissions will be presented to have the land zoned as an open space, for example. Councillors then have a decision to make. If the land is zoned residential, it would probably be worth, in terms of land in Galway, approximately €16 million to the land owner. If the land is zoned for open space, it would be worth about €3 million or €4 million. The difference could be as much as €14 million and that is an enormous responsibility for elected members to bear. Perhaps there is a better way to adopt development plans than the method used heretofore.

I understand from councillors on the city and county councils now that the lobbying has become even stronger than before. Councillors are under severe pressure. They are also lobbied by those who wish to have their land zoned as residential land in the draft development plan. When the matter of open spaces is being decided, planners use maps and outline where they should be located. They should consider, where several landowners have adjoining lands on the outskirts of towns or cities, the option of zoning part of each landowner's land as open space rather than designating all of one parcel of land as residential and the other as open space. That might solve many of the problems that arise and would make it easier for councillors to make a decision on the matter.

The Planning and Development Act 2000 contained a provision requiring developers to devote 20% of their developments to social and affordable housing. In 2002, that Act was amended to allow developers to give land, money, some houses or some of each instead. They were not even required to give land in the area being developed but could give land from any part of the local authority area. For example, around Galway city in the areas of Castlegar, Oranmore and Moycullen, land is very valuable so the developers offered the local authorities land in Glenamaddy, Tuam and other places, where land is not as valuable. They have succeeded in doing that because of the Government amendment to the 2000 Act. The Government simply caved in to the demands of the developers, some of whom they meet annually in Galway at a famous sporting event.

I call on the Minister, Deputy Roche, who I think was the Minister in 2002——

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