Dáil debates

Thursday, 1 July 2010

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages

 

2:00 pm

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)

On what Deputy Hogan said on the national spatial strategy, while I do not agree with the amendment the Minister should take on board the issue of whether it needs to be reviewed. It has been in place for a considerable length of time. The anecdotal evidence suggests that the problem was not with the strategy but that it was not being implemented properly because of inappropriate decisions made at local authority level over the years. If the strategy was adhered to properly then we might not have the problems we have today. I agree with the call for a review, but not in the amended way Deputy Hogan suggested.

I am sympathetic towards the views expressed by Deputy Tuffy and acknowledge the point she is making in terms of the public being able to have an input. Local experience of the consultation processes which have taken place with councils so far, be they development plans, draft development plans, part 8 plans or strategic development zones shows that there tends to be a great arrogance in the way the system - I do not refer to individuals because they are all hardworking people - allows officials to disregard that which they do not see as in line with their way of thinking.

The Bill will not make that any worse because directly elected councillors can be, have been and always will be contacted directly by members of the public. We need to inform members of the public of their rights regarding legislation on the zoning of land, which is what is at stake. A member of the public is not prescribed from making a submission under the terms of this Bill. He or she can call for something not to be zoned or to be zoned in a perfect way. It may be disregarded by the officials. In many cases it is already disregarded by them and will not make much of a difference.

The elected members of local authorities are the ones that have the power to change the zoning if they so wish. We have seen many situations where land has, at the last minute, been turned into residential land. Deputy Tuffy shares a constituency with me. The Adamstown site was rezoned as residential within a very short period of time by the then councillors without any consultation with members of the public. The danger is not in the prescription of the legislation but, rather, the manner in which the officials and elected representatives used the powers given to them.

In terms of the new directly elected Dublin mayor, it is also the case that the unelected officials in Dublin will now be overseen, from a strategic viewpoint, by someone who will be directly answerable. It is the intention of this Government and the Green Party that other directly elected mayors and regional assemblies would be appointed in due course, all of which will be available to Opposition Deputies and members of the public when the draft White Paper on local government is produced. I urge the Minister of State not to go too far in changing what is in place because it is more about the functions of the officials and councillors rather than what is written down on paper.

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