Tom Fleming (Kerry South, Independent) | Oireachtas source

The new planning and development (No. 2) Bill proposes that the planning regulator should not be given powers to force local authorities to comply with national policy. The Minister will instead have powers to decide whether a city or county council is flouting the guidelines and force it to change its policies. The proposal that the regulator should not be independent from the Minister is contrary to key recommendations of the Mahon tribunal in regard to ensuring autonomy from the political system. The report recommended that some of the planning and enforcement functions should be transferred to an independent regulator who would have power to ensure that development plans proposed by planning authorities comply with national policy. The power to direct a local authority to change its county or local development will rest with the Minister of the day, thereby demoting the regulator to an advisor. The Bill attempts to address the dilemma of how an independent regulatory body can operate without compromising the existing democratic qualities of the planning system. This has all the appearance of the Department of the Environment, Community and Local Government maintaining its stranglehold over these powers. Without powers of enforcement, it is impossible to see how the regulator can be effective.

An ongoing issue in County Limerick reveals an anomaly in the proposed Bill. Councillors in County Limerick passed a resolution to refer an issue pertaining to a development in Ardagh to the Minister. This issue has been ongoing for several months without adjudication by the Minister. This is an example of why a regulator is urgently needed, particularly given that the request was made by an elected body. The Minister should address the issue immediately because it highlights all that is wrong in the proposed Bill.

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