Dáil debates

Wednesday, 16 December 2015

Planning and Development (Amendment) Bill 2015 [Seanad]: Committee and Remaining Stages

 

5:50 pm

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael) | Oireachtas source

Plaster slabs can still be used but they have to meet a standard, as is the case with sound-proofing and fire compliance. This has already been enhanced under the Government's regulations.

To go back to the distinction between building standards and regulations, building control regulation is a debate for another day, although Members are right to raise the concern here and I have no issue with that. This Bill, however, is about building standards and apartment sizes. People are criticising the Government by saying we are bringing back shoe box housing but that is not correct. Essentially, what the Government is doing is restating the 2007 guidelines for apartment sizes, which compare favourably with other jurisdictions. Speakers mentioned the UK and Germany. For a one-bedroom apartment, we are suggesting a minimum size of 45 sq. m, whereas the UK has a size of 39 sq. m and Germany has a size of 48 sq. m. Therefore, we are well above the UK standard and, while it is slightly bigger in Germany, it is not a whole lot bigger. For a two-bedroom apartment, the minimum standard proposed in Ireland is 73 sq. m, which is substantially higher than the UK, where the minimum standard is 61 sq. m, and slightly higher than Germany, where it is 70 sq. m. Therefore, our guidelines compare quite favourably with other jurisdictions. They are not shoe boxes; they are just a minimum standard that ensures a good standard of living and viability and affordability so we can deliver on those apartments.

Reference was made to ceiling heights and, again, we compare favourably. I am not sure about Long Kesh as I was never there and I never want to be there, to be honest. However, I take Deputy Stanley's point about low ceilings and cubic space.

The reason we are bringing forward these guidelines is to ensure we have a minimum standard that applies nationally and a consistent approach in terms of guidance to local authorities across the country. That said, there is nothing preventing any developer or proposer from building larger apartments or having belts and braces or whatever they want. What we are introducing here is a guideline of minimum standards, so we are not imposing unaffordable costs that will ultimately impact on the cost of buying or renting an apartment. Viability and delivery of units has to be realistic and affordable and that is the fundamental basis for this Bill.

For example, one of the guidelines we are issuing is that one lift would suffice for six to eight apartments rather than having one lift for every four apartments. We believe that is reasonable and it would have a big impact on cost, so apartments are more viable for purchasers.

It is important we consider viability in the context of the guidelines we issue.

On the proposed amendments, I have already referred to the minimum standards and sizes and to how we compare to the UK and Germany. The Government opposes amendments Nos. 1a and 1b. Amendment No. 1a proposes that the content of what would normally be included in guidelines issued by the Minister in regard to apartment standards should be put in primary legislation. We do not agree with that. Section 28 of the Act already empowers the Minister to issue guidelines to planning authorities regarding their functions under the Act, principally to have regard to these in the determination of planning applications and the adoption of local area development plans. Under this provision, a comprehensive range of guidelines have issued to planning authorities.

The Deputies are now suggesting that issues normally dealt with in guidelines, such as apartments sizes, floor to ceiling height, storage areas and private amenity spaces should now be specified in primary legislation. This would not be appropriate or practical when these matters, which are generally quite technical in nature, are more properly addressed by way of ministerial guidance and the expertise of ministerial advisers to planning authorities. The amendment now proposed by the Deputies would also be quite Inflexible and onerous, as guidelines are often updated and any revision or updating of them would require changes to primary legislation. We believe it is unworkable and that it is not appropriate to have technical guidelines issued in primary legislation.

Amendment No. 1b proposes that all section 28 guidelines should be debated and voted on by both Houses in order to be approved. Such a provision would run contrary to the existing section 28 provisions which empower the Minister of the day to issue guidance to planning authorities. Certain planning regulations are already required under section 262 of the Planning Act to be presented to the Oireachtas to be the subject of a positive resolution by both Houses before they can be made by the Minister. However, such an arrangement would not be appropriate in respect of guidelines, which as I have already outlined are generally quite technical in nature.

Deputy Ó Snodaigh spoke about eroding the powers of elected members or the democratic mandate of councillors. This Bill is not about doing that. It is not about eroding the powers of elected councillors. It is primarily aimed at ensuring all local authorities adopt a consistent and fair approach so that we do not have a situation where various approaches are applied throughout the country that would be unsustainable and could drive up the cost of the provision of houses or apartments as we all want to see increased provision, particularly where demand is most acute.

The provisions of the Bill support the aim of revised apartment standard guidelines shortly to be introduced, which is to make apartments more economically viable for builders to build and more affordable for people to buy or rent. Fundamentally, we cannot accept the amendments tabled. We feel they are too prescriptive and binding for primary legislation. Guidelines, based on the advice of senior departmental advisors are issued constantly to planning authorities by the Minister. This Bill is about addressing the concerns Deputies have consistently raised here about the lack of and need for more housing and apartments to meet demand. We feel the measures in this Bill will address some of the barriers and will not erode the minimum standards which compare well to those in other European jurisdictions. We have good energy efficiency and building standards already that will not be eroded by measures proposed in the Bill. Therefore, we oppose the amendments.

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