Chris Andrews (Dublin South East, Fianna Fail)

If Deputy Kelly arrives in the Chamber, I will share time with him. I am delighted to have the opportunity to speak on the Planning and Development (Amendment) Bill 2009, which is intended to update the provisions of earlier Planning Acts. It will support economic renewal and promote sustainable development by ensuring that the planning system complements and supports infrastructural development around the country.

I agree with Deputy Mitchell's contention that trees cause significant problems throughout the city. Dublin City Council had to dig up a number of cherry trees because of the damage they caused to footpaths along the quays. Given the height of some of these trees, they would be refused planning permission if they were buildings. In urban settings, it is important that the size of trees are appropriate to the areas in which they grow. Some people think they are living in Glenveagh National Park when they plant their trees.

Deputy Cuffe raised an interesting issue on rezoning of land outside town centres for supermarkets. This may be not as noticeable in Dublin and other cities but it certainly has an impact. Dublin City Council has battled with Dun Laoghaire-Rathdown County Council over the construction of Dundrum Shopping Centre, which has had a significant impact on the city centre as a retail destination. Dundrum clearly has its attractions but it has also sucked people from other shopping centres and the city centre. This suited Dun Laoghaire-Rathdown County Council because it brought vastly increased revenues which could be used to keep councillors and managers happy by making it easier to fund various schemes. The Joint Committee on Enterprise, Trade and Employment received a number of submissions from city and town traders whose businesses are being suffocated by large shopping centres on the outskirts of urban areas. Town centres cannot compete with the attraction of free and easy parking at these centres. Small traders, many of whom have operated business in town centres for generations, have been badly affected. This has been permitted by councillors in every local authority and we must also examine our own role as public representatives.

The Bill before us will go some way towards dealing with the rezoning decisions made in the past several years by introducing a more robust and strategic planning system. Over the past decade, Ireland experienced an unprecedented property boom which drove demand to such an extent that planning permission was granted in completely unsuitable areas. In Milltown in my constituency, permission was sought for a development in an area which anybody could tell is subject to flooding. I hope the local authority does not allow that to proceed.

Over the past several months, we have seen pictures of inappropriate developments in rural areas. Dublin's big advantage is that it does not have an extensive area of open land for development. Dublin City Council has to build upwards or off-load people to the outskirts of the city. We have all heard about the housing developments built on lands that were prone to flooding or without sufficient access to essential amenities. This legislation will protect against that type of disjointed and fractured planning in the future and will ensure Ireland moves towards a more co-ordinated and holistic planning process in which the macro consequences of planning decisions are carefully considered and which supports and informs the targets outlined in the Government's national spatial strategy. For example, the Bill provides that the relevant city or county manager must demonstrate how local development plans comply with the national spatial strategy and must ensure that topics such as growth scenarios, transport plans and rural development are taken into consideration.

Correct planning decisions are pivotal to Ireland's future development and will feed into other policy areas such as transport, environment and community development. This is supported in the Government's action plan Smarter Travel - A Sustainable Transport Future, which outlines the pivotal role spatial and transport planning will play in tackling urban sprawl and, by default, the challenge we face in regard to carbon emissions. Under the Bill, local development plans must contain mandatory objectives for the promotion of sustainable settlement and transportation strategies in urban and rural areas and outline the measures that will lead to reduced emissions.

Section 23 is a timely and sensible measure in the context of the financial difficulties being experienced by many people. As I understand it, the current situation is that planning permission is only extended in cases where substantial works have been carried out prior to the expiration of that permission. However, this provision means that planning permission may be extended in circumstances where substantial works have not been carried out. This will be allowed to happen if there are commercial, economic or technical considerations. For example, in the current climate many people seeking to develop or extend property are under financial constraints which may be beyond their control. This provision will help applicants to plan ahead and to have some certainty within the planning process. It will afford those applicants who cannot immediately proceed with a project as planned the opportunity to proceed when their personal circumstances improve or certain technical difficulties are ironed out without having to go through the entire planning process again.

It is crucial that the planning process complements the national spatial strategy. I welcome sections 24 and 25 which have regard to the need to develop infrastructure in the designated gateway towns outlined in the strategy. The development of these locations in coming years and their projected population growth means there must be continued progress in providing them with the infrastructure necessary to support vibrant and sustainable communities. To facilitate this concept, the Bill grants local authorities much greater flexibility to use development levies, where needed, on a broader range of infrastructure such as school sites, broadband provision and flood relief works. The wider distribution of development levies is particularly welcome. Rather than introducing additional levies the Bill provides local authorities with greater flexibility and control over the distribution of existing levies.

The Bill provides that amendments to development plans will now require, rather than a simple majority, the support of two thirds of the total membership of a planning authority. This is a welcome and sensible move which will require support from a significant bloc for any given proposal. Moreover, it will reduce the scope for the lobbying of particular individuals or groups. The measures in the Bill are progressive and well thought out. They will result in a fairer, more constructive and more considered planning process. I commend the Bill to the House.

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