Verona Murphy (Wexford, Independent) | Oireachtas source

I am glad to speak on this Bill. It has many good elements but we all know what the real issue is with rental properties. For the first time in the history of the State, 80% of serviced zoned lands in Wexford and many other rural constituencies are to be effectively dezoned. It makes no sense. It will drive up the price of land, increase the cost of housing and magnify the current housing crisis in rural towns.

Extraordinarily, the first thing planners will say is that commercial considerations are not planning considerations. The inability of our directors of planning and planners to comprehend the most basic first principle of planning law and planning policy means that they, in turn, are unable to properly advise council members as to the best approach for their counties. This was my experience in Wexford. I recently listened to the director of services for planning in Wexford being interviewed on local radio and he confirmed that he is bound by the recommendations of the Planning Regulator. He believes that the regulator is best placed to advise on policy for Wexford. As we all know, the regulator has no such power nor is this his role. In another radio interview, one Fianna Fáil councillor said that he would have to seek permission from the regulator to make amendments to the draft development plan. Directors of services for planning are paid a six-figure salary that is commensurate with that of a specialist in the area. Occupiers of that position should be possessed of knowledge sufficient to properly advise councillors. Regrettably, this is not the case in Wexford.

It is extremely worrying that councillors genuinely believe that the Planning Regulator has the power to countermand any decision of the local authority. To be clear, eminent planning counsel, speaking on the respective roles of the local authority and the regulator, have said that the Office of the Planning Regulator, OPR, is not given statutory authority to make or give binding interpretations of statutes, guidelines, regulations or specific planning policy requirements, SPPRs. While the OPR may have its own view on the meaning of such measures, individual planning authorities retain the right and duty to form their own bona fide views on the proper interpretation of such measures and to act accordingly, within the law.

There is a serious problem in the system. After a number of sustained exchanges between myself and others in the Dáil and elsewhere and the Minister on this matter, the Minister, in fairness, did write to the local authorities on 23 April 2021 amending his guidelines with respect to densities. Despite this correspondence, local authorities have failed, and are failing, to advise members that they can adopt any density they want. What is the point of having a director of services for planning who apparently does not understand the import of such communication and if this director is simply going to ignore such correspondence and slavishly adopt the recommendations of the Planning Regulator? It is the members and the council who have an obligation under section 15 of the Planning and Development Act 2000, not the Planning Regulator. Local authorities, which have local knowledge of their communities, are best placed to ensure that housing needs are met and to know what policies to adopt, taking account of local considerations to ensure their plans are achievable. This has been ignored by officials in advising members.

It is clear that the director of planning in Wexford has abdicated his responsibility to the Planning Regulator. There needs to be specialist legal planning training for the directors of services and senior planners. They should be forced to attend continuing professional development courses to ensure they understand their roles and responsibilities along with changing legislation and amendments to guidelines. The provision of incorrect advice to members and the public will come at a great cost to the State arising from judicial review proceedings and other legal actions. Certainty in the planning system is essential if we are to provide much-needed housing. If our senior people in planning do not know the law, how can there be any such certainty?

See this speech in context