Peter Kelly (Longford-Westmeath, Fianna Fail)

I am pleased to welcome my friend and colleague, the Minister of State, Deputy Finneran, to the House for this debate. He is doing an excellent job in his portfolio.

Planning law is currently based on the Planning and Development Act 2000 which consolidated and modernised the planning system. This was followed by the launch by the Department of the Environment, Heritage and Local Government of the national spatial strategy in 2002. Regional authorities have been responsible for regional planning guidelines since 2004, and development plans and local plans are made by planning authorities.

The original purpose of the Planning and Development Act 2000 was, as stated in its Title, to "provide, in the interests of the common good, for proper planning and sustainable development." However, in the past ten years we have witnessed a litany of poor planning decisions and chronic over-zoning. The Bill before us today will once and for all put an end to the bad planning that has seen a deterioration in the quality of life of those living in housing estates without facilities, schools or proper public transport. There is no doubt that planning has been at times inconsistent with national, regional and local planning guidelines. This Bill will put an end to that by ensuring there is greater coherence between national, regional and local guidelines.

The Planning and Development (Amendment) Bill 2009 is part of the Government's commitment to the development of a smart economy. The legislation introduces several key changes to the planning code with the principal aim of ensuring proper planning at local level, supporting economic renewal and promoting sustainable development into the future. It will ensure greater consistency between a local authority's development plan, the national spatial strategy, regional planning guidelines and ministerial directives. The legislation provides that any changes to a county development plan must include an indicator as to how the plan is consistent with the regional planning guidelines and the national spatial strategy. This strengthening of the status of regional planning guidelines and the role of regional authorities in the preparation of development plans is welcome. Their input on key issues will be hugely important and will ensure a cohesive relationship between local planning and regional planning guidelines. I take this opportunity as a former member of the Midland Regional Authority to pay tribute to the former chief executive officer, Mr. Jim Stone, his staff and all the members of the authority for their work.

This legislation will ensure that future development takes place at the right time, in the right place and at the right pace to allow for the necessary infrastructure to be built. Most important, the Bill will greatly strengthen local democracy and accountability and provide greater transparency for the public in the planning process. An important provision in this regard is that two thirds of councillors, rather than a simple majority, must approve the county development plan. It also ensures that the powers bestowed on councillors are exercised in a responsible way in accordance with good planning practice.

To ensure greater transparency, amendments to a draft development or local area plan which have been the subject of public consultation can only be changed now in minor respects. Previously, land zoning was often introduced in the latter stages of a development plan. However, this new rule will ensure councillors are forbidden from making any last minute changes. In addition, following the public consultation process, any further changes will be subject to the two thirds majority rule.

I welcome the increased role of the Minister who will have greater legal responsibility under the new procedures. One of the most welcome aspects of the Bill is that which provides for greater powers to deal with so-called rogue developers. That will enable local authorities to refuse planning permission to applicants who have been convicted of serious breaches of planning legislation or who have been involved in an unauthorised development.

In the news yesterday, it was reported that an estimated 300,000 houses are empty and approximately 200 ghost estates are scattered around the country. I very much hope that those developers who have littered our country with ghost estates and caused heartache for hundreds of home owners will be prevented from acquiring planning permission in the future. We must not only ensure an end to ghost estates but we must ensure that we never again have what Frank McDonald in The Irish Times has referred to as "tenements for the 21st century" in Dublin city centre. The legislation must take those kinds of developers into account.

I referred to developers who are guilty of abandoning home owners in ghost estates with no possibility of being able to sell their homes. On the other hand, there are also many honourable developers who would like to complete the developments they have started or who have been granted planning permission. Unfortunately, at the moment the main obstacle in their way is a lack of credit. As a result, I very much welcome the extension of planning permission for a further five years as outlined in the Bill. That provision has been well received, given the current slump in the property market. The takeover of billions in property loans by NAMA is imminent. I hope that will result in a greater supply of credit for those developers. The extension of planning permission will further aid the situation.

I do not agree with one aspect of the Bill, namely, section 28 which empowers An Bord Pleanála to reduce the quorum for its meetings from three to two members. That is being done to increase the efficiency of the business of the board in terms of handling a backlog of appeals. I suggest that this reduction to two members could slow down the process and result in greater indecision. With the number of appeals down dramatically due to the recession, there is no need to reduce the quorum. I wish to see the Bill progressed.

See this speech in context