Brian Leddin (Limerick City, Green Party) | Oireachtas source

I thank Deputy Matthews and the Leas-Cheann Comhairle. I somewhat agree with my colleague across the House, Deputy Canney, when he said that planning has gone from bad to worse to crazy. While I agree with him, it is probably for different reasons because we look at planning differently, but his points were well made.

The Minister referred to several new amendments in respect of planning and other legislation relating to his Department. I am worried that we are rushing through legislation without the necessary scrutiny. The Planning and Development (Amendment) Bill is very important legislation that covers a very complex area and such scrutiny is essential. The Minister mentioned his intention to introduce a substantial number of amendments that will amend the Maritime Area Planning Act that was passed at the end of last year. We still do not know what these amendments are. Introducing entirely new amendments to legislation at the last minute is neither wise nor prudent.

The Maritime Area Planning Act went through legislative scrutiny and it would be unwise to now make changes to the planning legislation without any scrutiny. We have seen, again and again, the unintended consequences of changes to planning legislation, which is the basis of my concern. Any changes will introduce uncertainty between the relationship of the new provisions and existing provisions of Irish planning law, as well as the European Union legal obligations, to which Irish planning law gives effect. All of this is within the context of our international law obligations under the Aarhus Convention. On the face of it, I do not see any unavoidable conflict between these new proposed provisions and the rights of public participation, access to justice, and access to information as protected under the Aarhus Convention. However, I am concerned about the unintended consequences. I ask the Minister to go on the record and formally confirm that this is his understanding and to commit to the Dáil that the State, in responding to any litigation under these provisions, will do so consistent with such interpretation of these provisions.

I refer to the national planning framework, which is one of the major macro-effects of the Planning and Development Act. The planning framework was introduced in 2018. The idea behind it was that we would build up regional cities at a faster rate than the capital. We need to build homes as fast as we can but we also need to build them in the right places. The spirit of the national planning framework was that the regional cities would grow at twice the rate of the capital over the next 20 years. We are told that this is about balanced regional development, but colleagues will agree that we have paid lip service to balanced regional development in this House over many decades. The national planning framework is not doing what it set out to do. Looking at it in real numbers, even though the target population growth of the regional cities is 60% versus Dublin's 30% in the next 20 years, because the regional cities are coming from such a low population base, it is not as impressive as it sounds. We will be well into the next century before we see a convergence of those trends and actually achieve the balance that we say we are trying to achieve.

Notwithstanding the problem with the national planning framework, there is strong evidence that suggests the framework is not doing what it intends to do and that it is not the straitjacket on planning and developing that it was supposed to be. It increasingly looks like it is not even a useful guide. We are seeing most development and population growth taking place in the counties of the greater Dublin area. The gap between the capital and regions is widening and the all-roads-lead-to-Dublin approach, which has been the unwritten policy of the State for the past 60 years, seems to be the outcome if not the stated approach today. We have to make a concerted effort to change this for undeniable economic and social reasons, as well as for environmental reasons. It is not good for the capital to be burdened with such growth when it does not have the infrastructure to cope and when providing that infrastructure in the capital is difficult, slow and costly. A better approach for Dublin and Ireland would be to genuinely target significant growth in the regional cities that have latent underutilised infrastructure and development land.

Will the Minister confirm that there will be a review of the national planning framework in 2024? That review, if it happens, should embrace the original spirit of the national planning framework and do away with the predict-and-provide approach and move to a plan-and-provide approach, as is the norm in other jurisdictions. In my city of Limerick and in the mid-west region in general, we have grid, water and rail infrastructure as well as development land. Limerick could grow at a very fast rate if the State decides that it is the right thing to do, which I firmly believe it is.

I wish to raise a concern about An Bord Pleanála. As a State agency, it is unusual in the way it was set up in the context of governance. It does not have the required operational independence. Unlike other State agencies, the board, which is appointed by the Minister, is involved in decision-making. It simply does not have operational independence. This is an issue that needs to be examined.

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