Dáil debates

Thursday, 1 December 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016 [Seanad]: Second Stage

 

3:15 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour) | Oireachtas source

Nevertheless, it is no harm to represent the practical proposals of the association. The association has said that it accepts that delays in the planning process may arise. However, it is of the opinion that these delays can often be on the part of the applicant, who has a statutory six month timeline for replying to requests for further information. In order to help to speed up the timely delivery of planning decisions by local authorities, especially in respect of large residential developments, the association has proposed that the period would be shortened to no more than a three month period to reply to requests for further information. It has also suggested that a mandatory time-bound pre-application consultation process at local authority level should be in place. Such a pre-application consultation could mirror the proposal detailed in the Bill, including the preparation of a report by the planning authority on the application following the consultation process. The association maintains that would help to assure applicants that once their application is lodged with the local authority, it will be dealt with in a timely manner.

Other concerns have been expressed. I was somewhat unsure what the Minister meant when he explained that the views of councillors and elected members of any development will be reflected in the report of the chief executive on the proposed development, etc. That still takes away the layer whereby local people and communities can have a say at local level in planning. Others have made the point that An Bord Pleanála, understandably, would not be familiar with the local area in the same way as the local system.

The issue around the extent to which An Bord Pleanála will have to abide by the local county plan or area plan is relevant. There are genuine issues and concerns around eroding the local level or layer of the planning process. I am concerned that this change will give rise to more judicial reviews, because effectively that would be the only way in which an appeal can be made. It is regrettable that centralisation is under way rather than devolution. We have talked for years about how we should have more powers devolved to local level. In fact, this represents the opposite. It involves taking it to a central level. I genuinely believe that the delays are not caused by the local process. Oftentimes delays arise because developers are not really organised or ready when they put in an application, or they have not gone through an appropriate pre-planning process. Often, they are responsible for extending the process.

The Minister often refers to the fact that there is planning permission in the greater Dublin area for approximately 27,000 housing units. These planning permissions already exist, yet, people are sitting on those permissions and not building. If we could get that moving more quickly, we would be doing a greater service to the whole process.

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