Dáil debates

Thursday, 7 July 2022

Planning and Development (Amendment) (No. 2) Bill 2022: Second Stage (Resumed)

 

2:05 pm

Photo of Réada CroninRéada Cronin (Kildare North, Sinn Fein) | Oireachtas source

I am grateful for the opportunity to speak on this highly technical Bill about the process of substitute consent. It also addresses some issues and gaps caused by the rushing of earlier legislation. In addressing some of the detail, changing substitute consent from a two-stage process to a single-stage process is problematic given how critical scrutiny and accountability is to the planning process. Public participation is vital. The public should not be excluded from a planning process that affects it. Far from removing public participation, the Bill should seek ways to strengthen it, which we are obliged to do under the Aarhus Convention. Early public participation would also prevent delays down the road.

That is not our only concern. The fact that the fast-tracking provision in the Bill applies to substitute consent applications pending with an Bord Pleanála is equally problematic. In addition to those difficulties, there is the further matter that substitute consent is meant to be granted only in exceptional circumstances. Fine, one might think, except that the definition of exceptional circumstances is very broad, far too vague and just not satisfactory. We believe that where substitute consent is refused, An Bord Pleanála should be required to set out clearly what remediation actions are taken in respect of the site of the unauthorised development.

Similarly, we are extremely concerned at the apparent intention to introduce on Committee Stage significant amendments relating to a range of planning issues and to the matters of judicial reviews and short-term letting without there being adequate time to consider those issues or to open them up to the necessary scrutiny. Judicial review is an important recourse open to the public, not least - in fact, most importantly - on planning matters with a climate, environment and biodiversity impact and on matters of the public good over private profit or private interest now and into the future. That is especially important as we grapple with the rapidly unfolding impacts of climate change and seek to meet our emissions targets.

As for the matter of short-term lets, public scrutiny must be facilitated. This sector is wreaking havoc on the housing market and, through that, on our people's lives. Far too many people in north Kildare are spending their children's childhoods waiting and waiting on housing lists while the market, political parties and political ideology in thrall to the sector prioritise short-term tourism needs over longer term living needs. Homeless families live in hotels while tourists live in Airbnb homes. It shows that our priorities are all wrong. We need to bring more light onto the planning process and a lot less heat into the market. We would be a lot better off.

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