Alan Kelly (Tipperary North, Labour) | Oireachtas source

I move amendment No. 1:

To delete all words after "Dáil Éireann" and substitute the following:

"welcomes the progress made to date by the Government to support the implementation of the planning-related recommendations of the final report of the Tribunal of Inquiry into Certain Planning Matters and Payments, particularly the publication of a general scheme of the Planning and Development (No. 2) Bill in January 2015; and

notes that:

— the proposed legislation, which is scheduled for publication in this Dáil session, will provide for the establishment of the office of the planning regulator, which will be

independent and whose primary functions will include the assessment and evaluation of local area plans, local development plans and regional spatial and economic

strategies, education and research on planning-related matters, as well as powers to review the organisation, systems and procedures applied by planning authorities and An Bord Pleanála in the performance of their planning functions; and

— it is expected that the work of the consultants appointed to carry out an independent planning review on the performance of planning functions in six selected planning authorities, Carlow, Cork, Galway and Meath county councils and Cork and Dublin city councils, in accordance with section 255 of the Planning and Development Act 2000, as amended, will be concluded by the end of June 2015, and that subject to considering its content, it would be intended to publish the consultant’s report in due course thereafter."

I would like to begin by reassuring this House that I regard the final report of the planning tribunal as a fundamental point of departure from inadequate standards in the past and the beginning of a new approach to planning in this country. The Government is strongly of the view that a properly functioning, responsive, visionary, transparent and publicly accountable planning process is not only a fundamental requirement but a prerequisite for a modem successful economy like Ireland's. We are committed to ensuring that as a country we learn from past mistakes and build on the strengths of Ireland's planning process in leading the way on further developing our planning process. On the occasion of this debate, I wish to bring us back to what former Minister of State for housing and planning, Deputy Jan O'Sullivan, stated in response to the publication of the final report of the tribunal:

The evidence given during the hearings and the conclusions of the report have rightly apportioned blame to those who received corrupt payments, frustrated the work of the tribunal and undermined our planning process. Planning corruption is not a faceless crime, it affects the welfare of families and communities for decades.

I am determined to continue to act on the findings and recommendations of the final report and ensure that our planning system is never again deflected from serving the common good by greed and shortsightedness but instead is designed and operated with the best interests of our country and people at its heart. For too long this was not the case. It is important to recall, as the tribunal did, that there are fundamental differences between the current planning regime and that prevailing at the time the planning tribunal first started its work over 15 years ago, looking at the events of the mid-1990s. Substantial reform in 2000 and again in 2010 have transformed the shape of the planning process and, particularly, the land use zoning process into the more evidence-based and plan-led system we have today. Publication of the national spatial strategy in 2002 and regional planning guidelines in 2004 and again in 2010 have created a new hierarchy of plans that co-ordinate the planning functions of local authorities at local level. As Minister, I have exercised my powers in regard to ensuring consistency of these plans and policies at national, regional and local levels, as indeed have my immediate predecessors, a function that was unknown of in the period which was the focus of the Mahon tribunal's work. If past governments were as attentive as this Government in fulfilling this sort of role, a planning tribunal may never have arisen in the first place.

Nevertheless, looking more closely at the ten planning related recommendations in the tribunal's report, major progress has been made and will continue to be made in implementing them.

Without question, the tenth and final planning recommendation of the tribunal is the most fundamental, dealing with the establishment of an independent planning regulator. In this one recommendation the tribunal is essentially stating to legislators that, notwithstanding the progress made in recent years in tightening up a previously lax system, the planning process needs a further element of independent oversight. Furthermore, the recommendation is calling for an oversight function with the appropriate legal mandate and resources to determine whether plans are in compliance with legal requirements and, if not, to determine what intervention may be necessary where serious policy departures have taken place or where there is strong evidence of bad practice or systemic failure. I am committed to the publication of the second of two planning Bills during this Dáil session which will deal with the establishment of an independent office of the planning regulator and other planning related recommendations of the tribunal. I have no doubt that the Bill will be the subject of intense discussion, as it should be, as it progresses through the Oireachtas. I look forward to this as the Bill will provide for a significant new addition to the institutional structures in Ireland's planning system.

The regulator's primary functions will be the evaluation and assessment of plans and strategies and, ultimately, providing advice for the Minister; undertaking research and providing education and training in the planning area; and undertaking reviews of the organisation and systems and procedures applied by planning authorities and An Bord Pleanála in the performance of their planning functions under the Planning and Development Acts. The core function of the new regulator will relate to the evaluation and assessment of local plans and regional strategies, including on land zoning, and making recommendations to the Minister on these matters. Where the Minister agrees with the recommendations of the regulator, he or she will issue appropriate directions or instructions to the relevant local authority on the steps that should be taken regarding the revision of the relevant plan or strategy. Significantly, where the Minister does not agree with the recommendations of the regulator, which I envisage will be rare, he or she will be required to explain the reasons for such disagreement and lay such reasons before the Houses of the Oireachtas and place them on the Department's website, all in the interests of increased transparency.

There are those who wish to see the regulator assume the powers that I hold as Minister in relation to the power of direction over local authority development plans. However, the Government, many other elected representatives and I believe this to be a step too far in removing democratic oversight and accountability in the policy making process. Our proposals for independent scrutiny of plans and transparency of decision making in that context by Ministers represent a fair and balanced approach. It is also important to note, however, that the Minister's current powers, or those of a future regulator, do not replace the appropriate role of the Garda in investigating specific allegations of corrupt payments or practices.

The detailed drafting of the Bill's provisions regarding the establishment of the independent regulator is being progressed by my Department. Work to address other recommendations made in the tribunal's report is also being advanced and I would like to update the House in this regard. Recommendation No. 1 on placing the national spatial strategy on a statutory footing, recommendation No. 5 on increased transparency in the planning process, recommendation No. 6 on material contraventions and, to an extent, recommendation No. 8 on regional and local authority procedures are all being provided for in the Planning and Development (No. 2) Bill which is being drafted.

Recommendation No. 2 on regional authorities has been considered in the context of Putting People First - Action Programme for Effective Local Government and the Local Government Reform Act 2014 which brought about further local government reform, including the regional dimension. Recommendation No. 3 on regional authorities, now the new regional assemblies, is already provided for in secondary legislation. Recommendation No. 4 is a matter for the Minister for Transport, Tourism and Sport. Recommendation No. 7 on the use of section 140 which gives elected Members power to direct the chief executive no longer applies to planning functions on foot of its amendment in the Local Government Reform Act 2014. The remaining recommendation, No. 9, on applicants for planning permission declaring political donations is being considered in the context of updating the planning application process.

The recommendations continue to be studied closely and considered carefully by my Department in the context of the preparation and finalisation of the planning Bill. There is a large measure of broad agreement that what is proposed involves sensible and necessary measures to improve accountability, transparency and fairness in the planning process. I, therefore, assure the House that the tribunal's planning related recommendations are being addressed and I look forward to further debate on the matter when the relevant legislation is brought before the House in due course.

Members of this House will be mindful of the legacy planning complaints for which former Minister John Gormley initiated a planning review which was intended to assess the application of planning legislation, policy and guidance within the development plan and development management systems at local level and to inform further policy development in these areas. It is important to recognise that in the context of progressing this review, a number of planning authorities, representing a broad geographical spread of both urban and rural areas, as well as both large and small authorities, were selected to assist in the review of policies and practices and by reference to a number of cases raised with my Department. The planning review report of June 2012 was assessed by an independent planning expert, Mr. Hank van der Kamp. This independent evaluation was published in March 2013 and generally supported the Department's recommendations in its 2012 report and included some additional recommendations. Notwithstanding this, it was decided, in order to ensure maximum transparency and integrity for the planning system generally, to appoint independent consultants, MacCabe Durney Barnes, on a statutory basis to conduct a review of the application of planning practices and procedures in six of the seven local authorities, namely, Carlow, Cork, Galway and Meath county councils and Cork and Dublin city councils, included in the planning review report prepared in June 2012.

The consultants are at an advanced stage of finalising their independent review which also involves consultation with each of the original complainants and all of the planning authorities concerned in preparing their report. I expect to receive the final report by the end of June and intend to carefully consider any further recommendation that emerges from it. After I have completed my consideration of the report, I will issue a public statement, including any appropriate action to be pursued in regard to further policy development and guidance, while also taking account of the need to develop wider proposals for improving the transparency and openness of the planning system as recommended in the tribunal's report. Furthermore, my Department is finalising arrangements for the imminent appointment of a senior counsel, on a non-statutory basis, nominated by the Attorney General to prepare a report on planning matters in respect of Donegal County Council. The arrangements involved will be announced shortly.

Notwithstanding the requirement to quickly advance the recommendations of the planning tribunal, the Government is also keenly aware of the strong synergy between the need to have an effective planning system and overcoming our economic challenges as we put the country on the path to sustainable growth. In addition to the legislation in relation to the planning tribunal, we are focused on advancing the Planning and Development (No. 1) Bill which is aimed primarily at addressing the housing supply shortage that is particularly acute in the Dublin area and the conurbation around Dublin and as a visible commitment to the Government's Construction 2020 strategy published in May 2014.

The main provisions of the Planning and Development (No. 1) Bill are the revision of the Part V arrangements on social and affordable housing; retrospective application of reduced development contribution charges; the introduction of a vacant site levy; and "use or lose it" provisions on planning permissions. The new Part V proposals should assist in making new residential developments more economically viable, thereby enabling developments to be brought on stream sooner than would otherwise might be the case. The revisions should also enable Part V to again be a significant contributor to social housing provision. The vacant site levy will enable local authorities to better link regeneration and development objectives with more effective use of vacant land and properties and demand a more proactive, almost portfolio management, approach by local authorities to urban land. Reductions of development contributions and enabling local authorities to introduce “use it or lose it” clauses in planning permission for housing developments are designed to activate more housing developments. We are, therefore, anxious that the Planning and Development (No. 1) Bill be enacted as urgently as possible with the Planning and Development (No. 2) Bill to be enacted by the end of 2015.

Policy development by the Government regarding planning has also been addressed in addition to the legislative enhancements I have outlined. The Government wants to ensure we enter a new era of high quality policy making allied to more co­ordinated approaches to development enabled by the highest standards of customer service and public confidence in the probity, effectiveness and citizen centred nature of the practice of planning in Ireland.

The recently published and broadly welcomed planning policy statement provides for a concise and clear statement on the purpose of planning, the values and principles we want to underpin planning and a vision for what the Government wants to deliver.

An organisational review of An Bord Pleanála is also to be advanced. Since its establishment in 1976, An Bord Pleanála has become known, both at home and abroad, for peerless standards of fairness, probity and transparency. At the same time, its role and remit has been growing while its external operational environment has become more litigious and complex. The board's demanding operational context suggests a need to reflect on its internal systems, deliver enhanced ICT capability, including online appeals facilities and geographical information systems, as well as pursuing active strategies for staff training and development and exposure to their wider operational environment. Accordingly, an organisationally focused external review of An Bord Pleanála provides a significant opportunity for this much respected State body. I believe this was necessary and, hence, I initiated this review. No one should have anything but an optimistic view of how or what that review might identify because the Government wants to further develop and support the crucial role the board plays in delivering fairness and certainty, especially in its timelines.

I also intend to shortly publish arrangements for the preparation of a new national planning framework to succeed the national spatial strategy which will require considerable consultation with other Departments, State agencies and non-governmental organisations, NGOs, as well as an appropriate level of public consultation prior to the submission of the final strategy to the Oireachtas. The national planning framework will set the strategic agenda for planning, taking account of our wider island, European and global contexts, as well as co-ordinating policies and investment decisions in areas such as regional competitiveness, urban and rural development, transport, energy and communications, natural resource development, well-being, climate change and environmental quality. The national planning framework will represent the Government's policy on how nationally significant planning matters should be addressed by relevant Departments and Government agencies.

The framework will also represent the spatial expression of the Government's wider economic and reform agenda as it applies to the key zones of economic activity and their urban and rural components that drive economic and social progress. The framework will also identify national developments and other nationally strategic development opportunities, as well as an action programme for progress.

The newly shaped regional assemblies will be preparing regional spatial and economic strategies in tandem with the preparation of the framework. These strategies are also being provided with legal and administrative underpinning to ensure they will be effective and followed through by all relevant public sector bodies, particularly those with responsibility for economic development and enterprise promotion. All relevant agencies will be accountable to the regional assemblies for adherence to the economic aspects of the regional spatial and economic strategies, ensuring a coherent and collaborative approach to economic development across each region rather than, for example, different areas competing for the same investment project.

Some Deputies referred to issues concerning Wicklow County Council. As I am considering these issues, it would be inappropriate for me to make any further comment until such time every issue has been considered.

Taking account of both the tribunal's findings and recent experiences, I believe better planning will be achieved. This will be through an evidence-based approach for future needs, whether for housing, office space, retailing or infrastructure. These will be agreed strategically and matched by strategic planning at government level through the appropriate national strategies and sectorial investment plans. We will refocus on revitalising our city and town centres, moving against the past tendency to envisage extensive, even sprawling extensions, of our cities and towns, drawing the lifeblood out of older, established central urban areas. Local authorities will use the core strategy approach to tackle the legacy of historical and systemic overzoning, ensuring all zoning is based on a quantifiable need that is community-based rather than developer-led. We will move instead towards a more co-ordinated and joined-up approach to the delivery of essential public services such as schools, public transport, water services using the local plan as the template.

Listening to the various initiatives under way, Members will agree that after a lean period of planning and development activity, the Government is engaged across an unprecedented array of legislative, policy development and organisational reforms designed to return our planning system to its roots as a process fundamentally focused on the interests of the common good. It will be a process in which people can be confident and depend on to deliver the sustainable communities and quality of life for which we all strive and deserve. No longer will we have the games of the past. We are putting in an infrastructure and planning process to build for the future.

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