Michael Creed (Cork North West, Fine Gael)

I thank the Ceann Comhairle's office for the opportunity to raise this matter and to express my disappointment that I do not have the Minister or a Minister of State from the Environment, Heritage and Local Government to take the issue — no reflection on the Minister of State, Deputy Barry Andrews. I would appreciate it if the issue was brought to the attention of the relevant Ministers responsible.

Having been a member of a local authority for more than 20 years, I believe in the integrity of the planning process. However, I believe, as the old maxim states, that justice delayed is justice denied. I equally believe that a planning application not adjudicated upon within a defined period leads the planning process into disrepute. I raise this issue because of a specific instance, but I am also aware anecdotally of extraordinary delays in An Bord Pleanála which, in fact, were confirmed to me in a parliamentary question which I raised on 1 July last. The reply confirmed that the average delay in An Bord Pleanála in 2008 has been almost six months.

I have a case in my town of Macroom. I will not name the individuals involved but I will give the reference number for the Minister of State to take back to his ministerial colleagues. It is PL69226787. This relates to a fairly significant development in Macroom town which is integral to the decentralisation programme that the Government, as of Tuesday last, has suspended. This process would have been signed, sealed and delivered if An Bord Pleanála had made the decision because the Department of Agriculture, Fisheries and Food was prepared to sign contracts if planning was produced. There was a third party appeal, and while I defend third parties' rights to appeal, the point I raise is that such an application, which was appealed on 4 December 2007 to An Bord Pleanála, would be undecided in mid-October 2008.

I will outline the sequence of events for the record. It was appealed originally by a third party on 4 December last and, as I stated, I uphold and defend third party' right to do so. On 13 April last, a decision was due and it was deferred on that day. It was indicated that decisions would have been reached on 13 May, on 13 June and on 20 June, but it was not reached and was further deferred. On 20 June, the board refused to give a future date by which time a decision would be reached. In early July, An Bord Pleanála wrote seeking extra information, which was replied to on 20 July, and a new date was determined for 20 August by An Bord Pleanála. It was deferred on 20 August until 27 August. On 27 August, it was further deferred and no indicative date was set for a decision to be reached. In early September, An Bord Pleanála wrote again seeking further information. This was submitted on 28 September and a date has been indicated for 30 October.

The unfortunate reality is that this project was part of the planned decentralisation of the Department of Agriculture, Fisheries and Food to Macroom, which has now gone by the wayside. It is indicative of the delays, and I am sure this is but one of many projects throughout the country that were delayed in An Bord Pleanála. The town of Macroom will pay a considerable price, even if that outcome were to be successful in An Bord Pleanála, because the Department has now pulled the plug on the decentralisation programme. It leads one to suspect, and to be suspicious of, the motivation for the delay. I say that having given much consideration to it. The entire sequence of delays is unjustifiable by any other analysis. Under section 126 of the Planning and Development Act 2000, An Bord Pleanála has a statutory objective to determine appeals within 18 weeks. That is a reasonable timeframe in which to make a decision. In this case, it has been going on over ten months. That is entirely unforgivable.

When one considers the state of the construction industry, this is a project, as I would imagine are many of the other projects before An Bord Pleanála, where construction would commence as soon as planning could be resolved, and yet there are unforgivable delays. I implore the Minister at this late stage to be cognisant of the specific and the general issues involved and to bring them to the attention of his Government colleagues.

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