Verona Murphy (Wexford, Independent) | Oireachtas source

I am pleased to be here speaking on the legislation and that it has been brought forward. It is well known that there needs to be a step back and that deep breaths need to be taken in forming county development plans, particularly as the national planning framework takes no account of the Covid pandemic or a post-Covid era. We saw a headline in The Irish Timesyesterday stating "House prices surge 13% as 'red hot' demand outstrips supply". People are moving to the post-Covid era themselves. They are buying houses that will allow them to work from home, that can accommodate family living and office facilities and for which our current guidelines do not provide.

Planning policy is driving the restriction in supply. Should proposals in the current draft plans be adopted, the supply problem will deteriorate even further. The administration of planning policy and inconsistencies in its application have seen judicial reviews spiral in recent years. This year alone, legal fees at An Bord Pleanála spiralled by 300% to €8.4 million. The inappropriate application of guidelines by the main organs of the State is the primary cause of the problem. Local authority officials regularly misrepresent and misinterpret guidelines, apply them incorrectly and cause situations where certainty does not exist in the planning process. This creates a breeding ground for judicial review proceedings and, ultimately, circumstances in which housing supply is strangled.

Last week, I called for continuous professional development for directors of services for planning and senior planners. I did so as a result of what can only be described as a clear lack of understanding of planning law demonstrated by a director of planning on South East Radio concerning the Wexford county development plan. This morning, I received a call from the chief executive of Wexford County Council. Instead of acknowledging mistakes by the director, he defended the indefensible. It is time that CEOs of local authorities realised that their obligations are to their counties and not the Custom House. The blind application of central government policy without consideration of that policy in a local context is unacceptable.

The refusal of local authorities to respond to correspondence to a Deputy is unacceptable, particularly where such correspondence relates to legislation that is relevant to the work of local authorities. The executives in each county are the expert advisers to their members, yet they refuse to provide a comprehensive range of advice around planning issues to discuss.

The strong-arming of members of local authorities who are blindly led by officials to approve plans that are incomprehensible must stop. This type of behaviour flies in the face of the spirit of this legislation. These issues need to be addressed immediately if further judicial reviews are to be avoided. Development plans informed by misinformation, misinterpretations and guidance from officials that is intended to mislead should be judicially reviewed and those judicial reviews should succeed. For example, this morning in my county, the CEO of Wexford County Council fed me the following lines on our development plan. He advised that the circular of the Minister, dated 21 April, had no impact on the current draft development plan. He said this is only to be considered in the context of an individual planning application. The dogs in the street know that if minimum densities are provided for in the development plan, an individual planning cannot be at odds with that minimum. He also advised that the county council would not have high densities in the development plan for the towns, yet the county development plan provides for such densities. He said he is bound by decision precedents of An Bord Pleanála, yet there is no legal authority for such an assertion. An Bord Pleanála cannot impose a precedent on the will of county councillors in the formation of a development plan. None of the above points holds any muster in justifying provisions for minimum densities in county development plans.

It is our responsibility as elected representatives to call out this practice. The CEO of Wexford County Council advised me this morning that I had no function in contacting the county council about its development plan. I remind him that I am the third elected Deputy in Wexford to represent the people of Wexford. I stand here to act in their best interests. I debate daily in this House the legislation that underpins the basis of the operation of his local authority and the formation of the development plans.

The notion that Deputies should not be entitled to provide oversight regarding the interpretation of legislation or ministerial guidelines when the local authority is patently wrong in its interpretation is bizarre. Furthermore, the idea that county managers refuse to respond to correspondence from Deputies on such matters is an absolute disgrace. Officials need to be held to account. I will be revisiting this issue.

We are spending billions of euro to roll out broadband services to every corner of Ireland. What is the point if we are not going to allow homes to be built? It is incomprehensible. There are many inconsistencies in planning policy and the national planning framework. The 12-month extension will allow for some of those to be remedied. Much of what has happened in the past 18 months means that the national planning framework must be revisited or we will continue to see mistakes being made and no meaningful housing supply in the market. On that basis, I believe I have played my part in ensuring this legislation is now before the House. It is only providing a basis for the county councils to breathe after a difficult year of Zoom-only meetings. People must be allowed to apply for an extension and start the process again or we will continue to raise this matter daily on the floor of the House on a daily basis for some time to come, possibly years.

I will be tabling an amendment to the Bill to allow more flexibility on the extension of existing permissions because what is currently proposed in the teeth of a housing crisis is too restrictive. We cannot let a situation arise where permissions will expire for the want of minor amendments to this proposed legislation.

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