Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

It is doubtful whether Sinn Féin has even done any meaningful research on the potential longer term impacts of the Bill, which I am happy to put on the record as they go to the heart of our planning system.

Let us look first at what the Bill sets out to do. Specifically, it proposes to amend section 28 of the Planning and Development Act. Section 28 empowers the Minister with responsibility for housing to issue guidelines to planning authorities in respect of any of their planning functions, to which planning authorities must have regard. The subsection it is proposed to delete, section 28(1C), enables guidelines issued by the Minister under section 28 to also include specific planning policy requirements, SPPRs, with which planning authorities and An Bord Pleanála must comply. The Bill further proposes to repeal the build-to-rent and shared accommodation sections of the apartment guidelines for planning authorities, which were issued by the Minister under section 28 of the Planning and Development Act in 2018.

Let us examine the implications of seeking to delete section 28(1C) of the Planning and Development Act. This Bill would remove a legislative provision introduced to empower the Minister with responsibility for housing to ensure a consistent and integrated approach by all 31 local planning authorities, the three regional assemblies and An Bord Pleanála when implementing national planning policy in the performance of their functions. To understand the full implications of the Bill's proposal, it is important to understand why subsection (1C) was introduced in the first place. The Planning and Development (Amendment) Act 2015 amended section 28 of the Planning and Development Act 2000 by introducing a new provision, section 28(1C), whereby, as part of the planning guidelines issued under section 28, a Minister may identify SPPRs with which planning authorities or An Bord Pleanála, in the exercise of their functions, must comply.

The SPPR amendment was inserted concurrent to a 2015 review and update of apartment planning guidelines to replace 2007 apartment guidelines. The review process had been prompted by the adoption of development plans in a number of local authority areas that sought either to set higher minimum standards than those at national level, as set out in the 2007 guidelines document, or set additional new standards on matters not addressed by the 2007 guidelines. These actions, although well-intentioned, unilaterally departed from national guidance, which had been developed with expert input, and were assessed to have the effect of unnecessarily and unjustifiably increasing the cost of new apartment development, either rendering such developments unviable or adding costs ultimately borne by future occupants, whether purchasers or renters.

By 2015, each of the four Dublin local authorities had different standards for apartment development, and in the case of three of them the standards departed from national guidelines. Standards further varied around the country. Given the emerging gap between housing demand and supply, the level of variation in one city and around the country was totally counterproductive, especially given the need to encourage greater efficiency and output from a relatively small construction industry.

The 2015 apartment guidelines and subsequent updated 2018 apartment guidelines utilised the SPPR mechanism under section 28(1C) of the Planning and Development Act to ensure clarity and consistency in providing national minimum standards for apartment developments. In 2019, the Society of Chartered Surveyors Ireland, SCSI, independently assessed the impact of the 2018 apartment guidelines as contributing to reduction of between 10% and 20% in build costs in Dublin, or between €28,000 and €51,000, where applied to actual schemes.

While the viability of urban apartment development continues to be challenged, section 28(1C) has contributed to a significant increase in apartment construction in recent years. The total number of apartments completed nationally in 2015 was 673. By 2019, the figure had increased more than fourfold to 3,550. While undoubtedly several factors contributed to this, ensuring a consistent set of national planning guidelines played a significant role.

The ability to specifically use SPPRs under section 28(1C) enables important distinction to be made between general content of ministerial guidelines, where there is scope for variation in application at local authority level, as opposed to the mandatory nature of specific aspects of guidance where it may be necessary to identify requirements that must be applied consistently. This can arise, for example, with regard to design where there is need for local flexibility on a case-by-case basis. However, where it involves a national development standard, such as minimum size of apartments, there should be no variation across local authority boundaries.

This Bill would, therefore, remove a provision introduced to empower the Minister to ensure a nationally consistent approach to planning. We could revert to the position that obtained in 2015 whereby there were four different apartment standards in each of the four Dublin local authorities. Is Sinn Féin proposing that we return to that position?

As I explained, section 28(1C) was introduced to remedy that very scenario. It enables the Minister to ensure, where necessary, there can be national policies and standards for planning and development that may be applied to ensure a consistent regulatory approach across the administrative boundaries of all 31 planning authorities and at appeal or direct application stage to An Bord Pleanála. This approach is essential to provide clarity to both public and private investment and ensure progress in the construction and development of projects through the planning system. It enables the system to facilitate the delivery of outcomes with greater certainty and viability.

The second provision of the Bill seeks to repeal by deletion specific sections of the build-to-rent and shared accommodation section of the apartment guidelines which is in direct conflict with the statutory role of the Minister to amend or revoke guidelines. The Bill seeks to override the Minister and Government by assuming, on behalf of the Oireachtas through primary legislation, functions delegated by the Minister by statute under section 28 to issue, amend or revoke planning guidelines. It is noted that it is not the purpose of the primary planning legislation to ban or preclude any specific class of development. It does not do so, with the notable exception of section 37K of the planning Act that precludes planning permission for enabling the authorisation of nuclear fission power generation in Ireland, which is illustrative of the national scale and significance of the potential development and merits.

The Bill comes at a time when I am at an advanced stage of a review of shared accommodation co-living development, as provided for in the 2018 apartment planning guidelines. I am currently considering a report from my officials in this regard and there is sufficient scope for me to amend or revoke the guidance in accordance with section 28 of the Planning and Development Acts, as amended.

The Government's approach is to look at the evidence and how current policies are operating. This continues to be monitored and assessed and will inform how the Government responds over this time. It is opportune that we look at the policy in this context to consider the evidence and explore the rationale that underpins Government policy.

This is another episode of Sinn Fein's solution of having our housing challenges resolved by soundbite. It is another Bill of less than 100 words. It would facilitate uncertainty and inconsistency in our planning code, with a different standard for every local authority. No attempt was made to seek advice from the Office of Parliamentary Legal Advisers, nor was any meaningful research done. It is the classic Sinn Féin populist way, rushed to gain maximum attention before the departmental review has been decided.

This Bill, if passed, would increase building costs. Minimum standards have reduced costs, a view endorsed by the Society of Chartered Surveyors of Ireland. The Bill would have the perverse effect of encouraging applications at lower standards, delivering lower quality developments at increased cost. Only Sinn Féin could achieve that. The Bill would not in any way do what it proposes to do. It would remain open for anyone to make a planning application for a co-living or build-to-rent development without any national guidelines. The contradictions seem endless. This Bill tries to undermine the Government's power to make decisions and blurs the lines between the Oireachtas and Government. It would leave any administration responding to challenges of the day with one hand tied behind its back.

Normally, proposals to amend or revoke planning guidelines are on the basis of expert advice, subject to public consultation and screened by a strategic environmental assessment. However, in the case of Sinn Féin, 100 words seem sufficient. It is another week and we have another reckless three-line Bill presented by Sinn Féin in the absence of scrutiny by this House. The Government will oppose the Bill for the reasons I have set out.

See this speech in context