Dáil debates

Thursday, 25 March 2010

Planning and Development (Amendment) Bill 2009 [Seanad]: Second Stage (Resumed)

 

1:00 pm

Photo of Michael D'ArcyMichael D'Arcy (Wexford, Fine Gael)

I understand that. We have a situation where developers will be lobbying councillors, while planners, under instruction from the Minister for the Environment, Heritage and Local Government, will be seeking to dezone land, and NAMA will, as the Minister of State said, have the authority to make submissions at draft stage of local area plans. There is a conflict in all of this which leaves local authority members - which most Members were in a previous life - in a difficult position. There is no joined-up thinking on the matter. Councillors should not be left in the lurch, in a situation where no matter what they do it is wrong.

I have a particular concern about the pre-draft stage of the local area plan for Gorey, which includes an enormous swathe of land that is zoned for business and technology parks. There is no prospect of those 100 or 150 acres being taken up for the construction of business and technology parks. Moreover, while this land is close to the town centre, land zoned for residential purposes is situated outside the town. The land closest to the town centre should be for residential zoning and the business parks earmarked for further out. This is an issue I intend to pursue. If we have to dezone business and technology park land and change it to residential zoning and vice versa, that should be done.

I know there is a bone of contention with the Green Party on rural one-off planning, but I fully support it. I know many people who cannot get planning permission in the countryside in County Wexford, not because of the local authority, which is in favour of one-off planning in what is primarily a rural county, but because they cannot get discharge licences as there is no discharge into the groundwater and no lateral discharge into the streams. There are systems that work, and people from the countryside should be given the opportunity to live in the countryside on their family land if they so wish.

The original Bill on An Bord Pleanála was designed to ensure there was not a majority of professional planners. That legislation goes back to the 1970s, and the board was to be representative of society. That has been completely turned on its head and I am told every member of An Bord Pleanála is now a planner. I am not satisfied that this was the original thinking behind the establishment of the original board.

The lifespan of a local area plan at ten years is too long. Section 18 allows for the Minister to appoint an independent inspector to review the manager's report on foot of consultations on the local area plan. I welcome this on the basis that the inspector is independent and that he or she is not under instruction from the Minister. The vital word in the section is "independent".

Section 19 amends the principal Act in respect of passing a material contravention of a local area plan. I was involved in one material contravention in my time on a local authority in respect of a cinema on land that was zoned "BTP" and that was not compatible with the planning application. I had a bare knuckle fist fight with the planners to promote the planning application so that it could go before members of the local authority as a material contravention. The planners told me they would eat their hat before a cinema would be built on that site. I have a very large chocolate hat because the cinema is built and will be open before the end of June. It is important not to ignore the views and opinions of the local authority members.

I have concerns with sections 24 and 25 and the possibility of supplementary development contribution schemes. There is no money to do anything and we cannot ask developers to pony up extra money for the scheme to ensure they get through the planning process. There is no chance this can work at the moment.

I have established a jobs initiative in north Wexford. The highest rate of unemployment in Wexford is the north of the county at 14%. There are only five counties with more unemployed people than Wexford, namely, Dublin, Cork, Limerick, Galway and Donegal. There are almost 18,000 unemployed people in Wexford. There is now an 80% tax on any development land, which is defined as any portion of ground over two acres. This does not make any difference, as the mistakes have already happened. However, I am trying to create a jobs initiative and I have people who are looking at moving into certain areas of north Wexford, but the person who owns the land will not do anything when he or she has to pay an 80% tax to develop the land. That tax has meant it is now difficult to find land to be traded. I realise the sentiment attached to the idea when it was brought in, but it is too late. I do not think the tax will be removed, but the Government needs to be progressive and realise that if the development of certain portions of land will lead to jobs, then the 80% tax should not apply. It could be reduced to the original 40% capital gains tax rate, because 80% is now an impediment. It was meant to be an impediment to the crazy development that occurred in certain parts of the country, but it has become an impediment to jobs.

I was not involved in the 2002 local area plan for Gorey, in which I believe mistakes were made. However, I want to make sure that the 2010 local area plan is improved and that the Bill is improved for the majority of communities.

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