Dáil debates

Wednesday, 10 March 2021

Land Development Agency Bill 2021: Second Stage (Resumed)

 

5:15 pm

Photo of Barry CowenBarry Cowen (Laois-Offaly, Fianna Fail) | Oireachtas source

I welcome the opportunity to speak on the Bill, the purpose of which is to place the Land Development Agency on a statutory footing and to confer on it various powers.

Housing was the dominant issue in the general election, and it was the dominant issue in the lifetime of the previous Government. It remains a dominant issue in society. Of course, it has been challenged by issues resulting from the pandemic and the impact that has had on different sectors, but there is a great onus of responsibility on this Government to address the housing crisis. This issue was to the fore in the discussions among the parties on preparing and agreeing a programme for Government. The competency and potential of the Land Development Agency were discussed at length and there was a commitment on the part of all parties to the agreement to prepare and bring forward legislation to give effect, impact and potential, by virtue of increased powers, to the Land Development Agency, in order that it could play its part in resolving this issue.

There are various tools, opportunities and avenues by which the housing situation can and should be addressed. They include the local authorities. Despite record amounts of funding being available to many local authorities, not enough houses are being delivered by them. Social housing associations have an increased role in the provision of housing solutions, but they are solutions that do not afford to those who acquire or avail of those units the opportunity to buy them, an opportunity that I believe must be available. We have seen the potential that the Part V provision relating to private house building can yield to the State. In recent times, thankfully, we have seen the restoration of the 10% affordable element of that provision. Unfortunately, however, the issue of supply means that this tool or avenue is not delivering as it could and should. Then we see local authorities being forced, due to the nature of the crisis and the need to provide instant solutions, into a position where they are competing with young affordable purchasers in buying stock. While that was a solution for some councils, and a welcome one, it was not a solution for many people who were seeking to buy such houses and get on the housing ladder to have that competition against them.

The provision of an affordable scheme, rental units and cost rental units and the provision of the Land Development Agency as an added tool to address this issue must be welcomed. I am thinking of the potential. People predominantly see many lands in State ownership that are not in use. They are not necessarily lands in the ownership of local authorities, but owned by the State. At the time those lands became available to the State through whatever means, at its foundation or thereafter, it was the contention of the State that such lands had specific uses, for example, for an Army barracks. Now when one sees an Army barracks not in use, with no benefit accruing to the community in which it is located, one would expect there to be ample opportunity for the State to make a new decision about such lands. In this instance, it has the potential to make such lands available for public housing, affordable housing and housing for the general public. These are all the supply chains that must be replenished.

The ability of local authorities is not necessarily challenged by the Land Development Agency. I discussed this with councillors in my constituency in recent weeks. There is a fear, of course. The fear or belief that is expressed is that somehow their role and potential to contribute to this crisis are threatened. In the first instance, and I welcome the commitment by the Minister and the Government, we are dealing with populations in urban centres of over 10,000. The agency is looking at lands that are not necessarily in local authority ownership but which are owned by the State and need to be used for the benefit of the public to address this crucial issue. I welcome the means by which there is provision for the Land Development Agency to address the fears and concerns that existed when it was first established with regard to the issue of State intervention and State rules and about tailoring the Land Development Agency to be in a position to make a contribution and not to be curtailed by those State rules. The means by which the Minister has done that are welcome. The ability thereafter of the agency to make a telling contribution is at its behest, and it is answerable to the Minister and the Government. The agency can work in conjunction with all others who have a contribution to make, be it the local authority, the private sector or the State. We all want to contribute and to provide opportunities for everybody on every step of the ladder. We all want to make a meaningful contribution to resolving this issue.

The contention is expressed by some that this is merely to appease builders and developers in their aspirations to make as much as humanly possible at the expense of others. That might be suitable for those who oppose this and who wish to oppose every proposal that is put before us without coming forward with credible alternatives. As already stated, however, the Government is hell-bent on addressing the housing crisis and assisting the different tools and means by which it can be addressed. I have mentioned the local authorities. Unfortunately, many local authorities have lost - I will not say the will - the wherewithal, expertise and, it appears, the ability to deliver the amount of houses they delivered in the past. That must be acknowledged. We have to press upon the members and executives of local authorities the need to improve their performance and ability to provide those units.

One tool that was provided by this Government is the increase in the local authorisation available to them without going through the four-stage approval process. The increase is from €2 million to €6 million. That gives the ability to local authority members to identify land in the ownership of the local authority and to put it to use. It is imperative and important that we and others hold them and their executives to account and allow the members to participate in finding solutions locally to which they can contribute. They should not be frightened by this agency, which they say is a train coming toward them. That is not the case. Ample time and space should be given to the Government to allow this agency, and all that is contained within it, the opportunity and time to ensure that it does its job effectively and makes the contribution we believe it can make.

Another issue I wish to mention in this context is something I spoke to the Minister about recently. I have his full support and, indeed, the input of his officials and the Department in bringing forward legislation to give effect to putting on a statutory basis the length of time An Bord Pleanála is afforded to make decisions on appeals or on applications made to it directly based on the current legislation. The current situation whereby An Bord Pleanála can take as long as it believes is necessary to make a decision cannot be allowed to continue. There is too much invested in this, in the form of people's expertise, money and in votes in the case of those of us who have a responsibility, too, to ensure that the atmosphere is right for applications to be made, without an arm of the State holding up such applications.

Another element that is no help in our efforts to move these developments forward is the avenue of judicial review.

Many strategic development zones that have successfully gained planning permission from An Bord Pleanála are then faced with the prospect of judicial review, with more time wasted. I am aware of many people who have invested heavily and had great difficulty and trouble in accessing finance, and who find themselves being financed by funds from outside the State. There is great surprise among the funders of these schemes when they learn that a scheme has permission but also does not have permission. Once a project has secured permission from the local authority and An Bord Pleanála after a lengthy period of time and procrastination on their part - the legislation needed to restrict them to a statutory time period is not in place - there is the prospect of further delay caused by adjudication in the courts of a judicial review that may be taken on the administrative aspect of the application. Many of those who fund schemes find it wholly inappropriate and amazing that there is a third stage and, in the midst of a crisis, they are being held up by these administrative planning delays that in no way reflect the urgency we want to bring to bear on addressing this issue.

In the context of the House discussing the Land Development Agency, its potential and the provisions of the legislation, I am glad the Minister has said that many suggestions and amendments being put forward by Deputies will considered as the Bill evolves, especially on Committee Stage when it can be explored even more. I welcome that commitment and I look forward to many Deputies making a contribution to improve elements of the legislation governing the Land Development Agency and ensure the agency does what we want it to do. We want it to be in a position to take over lands in State ownership that are not being used, so they can be put to good use in providing housing and in the development of an affordable housing scheme. Despite the ideology and all the rhetoric from all sides of the House, we do not have such a scheme. This proposal sets about putting one in place and delivering a firm contribution so that people can see its potential impact and finally be in a position to afford a home. For those who do not necessarily want to travel down that route, there is the potential for rental schemes and cost-rental schemes that have a wider appeal to many young people, especially nowadays given the nature of their jobs and the way they want to live their lives, including their desire to move without being held back by the cost of properties and the costs associated with a purchase. They can also take advantage of the advances in infrastructure, especially in our cities, through the provisions of this scheme.

I reiterate my support for the Land Development Agency and the provisions of the legislation. I thank the Minister for making available to Members across the House an opportunity to make amendments and improvements. I also reiterate the point to councillors that the Bill does not offer a stick with which to beat them but an opportunity to take lands that are not necessarily in the ownership of local authorities. The agency will be able to go after lands in the local authorities' ownership if the lands are left stale and not used or put to use. That is many years down the road because it will have a lot to do in the meantime.

The Bill has the potential, by virtue of the Minister's proposal to place on the lands an affordability lien, as it were, to overcome the state aid problem that has been a concern up to this point. This is a huge and telling contribution. The rate at which the Minister sets this will be appropriate to the land, its location, the lists and expectations. It will be done in conjunction and consultation with the relevant local authority, its planning section and also its members who have expertise and knowledge about what is needed in their constituencies with regard to the sites that come up to be taken in charge by the Land Development Agency.

At one time, I thought the Land Development Agency could have at its disposal a suite of builders who would be available under contract to do work on its behalf, with a view to leasing back social units to local authorities in the long term thereafter. That too would be welcome but our opponents and detractors would accuse us again of helping builders. The bottom line is that one cannot have a house unless one has a builder. We cannot build houses unless we have the relevant tradespeople - blocklayers, engineers, carpenters, plumbers and labourers - who are found in every community and in many of our families. They too have to be assisted and have at their disposal relevant and appropriate schemes and initiatives to help the country and its inhabitants to own their own homes or have available to them the opportunity to rent a home if they wish at cost price rather than market price. The vehicle of the Land Development Agency has within it the potential to realise that ambition. This is the first time we can say this with the degree of definitiveness that is necessary. This legislation is necessary to copper-fasten that.

In two or three years, we can review the effectiveness of the Land Development Agency and its ability to deliver and improve or, if necessary, scrap it. Nobody has a monopoly on solutions here but as a Government party, we had a responsibility to put in place a programme for Government that addressed what was perhaps the greatest issue to arise during the lifetime of the previous Government and, more importantly, during the course of the last election. That responsibility has been taken on board by the parties in government with various proposals, schemes, initiatives and policies that seek to address this housing crisis. This is one of them. I support and welcome the Bill and I will work with those who bring it before the House to ensure it can be strengthened to do what we want it to do, namely, play a major role in addressing a serious crisis that has not gone away and will most definitely not go away in the absence of legislation and the potential of these proposals.

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