Dáil debates

Wednesday, 6 December 2023

Planning and Development Bill 2023: Second Stage (Resumed)

 

4:20 pm

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael) | Oireachtas source

Thank you, a Chathaoirligh, for chairing this debate. I commend the efforts of my colleagues, the Minister for Housing, Deputy Darragh O'Brien, the Minister of State, Deputy Malcolm Noonan, and my cross-party colleagues on the housing committee who have worked very extensively on this legislation. I note there was some discussion earlier today relating to briefing documents. It is telling that more and more of us want more and more information on this Bill because it is so lengthy. It shows the significance of the work that went into it and why it is so important. It is important because it is about reforming the planning system. It recognises the evolving demands on our infrastructure and community. It has taken 15 months of comprehensive review of the Planning and Development Act 2000 to get us to this point. It reflects the Government's commitment to updating and streamlining planning processes to match the pace of modern society. That approach has to happen and has to be methodical in ensuring that our new planning framework is in harmony with European standards as well as environmental commitments.

Key reforms in the Bill focus on aligning national, regional and local planning strategies and fostering a coherent, long-term, plan-led system. That is the kind of vision we need in politics and in planning. The Bill elevates the status of ministerial guidelines. They will no longer be just suggestions; they will take on the more robust forms of "national planning policy statements" and "national planning policy guidance". That underscores the commitment to cohesive and well-guided national development.

Another crucial change lies in the introduction of mandatory timelines for all consent processes, including those involving An Bord Pleanála. That is particularly important when we look at appeals and consent applications. This measure is designed to inject certainty and efficiency into the planning consent process, and that is long overdue. An Bord Pleanála will undergo a significant transformation. It will be rebranded an coimisiún pleanála, and we will separate its decision-making and governance structures to enhance transparency and efficiency. By extending the lifespan of local development plans to ten years, the Government is providing more strategic and longer term planning that better meets our housing and economic development needs.

One thing missing from the Bill, however, is the need to modernise our planning observation system. We need to make it easier for people to engage with planning. They should be able to pay for their observations online, for example. In today's day and age, that is basic. On top of that, planning applications that impact them need to be made available online. Currently, what happens is that the person putting in the planning application or a developer will provide the planning application, designs and maps in physical boxes - boxes and boxes at times - of pages. Those are scanned by a member of staff from the local authority and eventually end up online. At that point residents can access them, view them and then make informed observations but, of course, they have only a certain amount of time to do so. This entire lengthy, arduous process of scanning documents and putting them up online eats into that time. Sometimes that process, which can often take a couple of weeks, leaves only a couple of days for people to be able to access and engage with planning. That is not easy and not transparent. The goal needs to be ease and transparency.

The Bill should also look to prioritise language plans in Gaeltacht areas. Its current draft lacks provision for the protection of the Irish language in development plans, and that is a step away from the commitments made in the 2000 Act. It is important for us to continue to support and preserve our cultural heritage. I am sure everyone on all sides of the House agrees on that.

I also want to make sure we do not overlook the vital contribution of our local councillors in this Bill. If we make big decisions without local input, we are not listening to people or the local community's needs. Our councillors need to be involved and stay involved because they help connect what the Government wants with what the people in the community need. The proposed extension of the duration of development plans from six to ten years, while it is good to create a stable vision, will impact how much of a say local councillors have on these plans. A one-term councillor, somebody who is there for five years, may never impact his or her county development plan. That is not fair because our councillors are instrumental in shaping local plans and spatial planning in their localities, providing a crucial link between national policies and local realities. I want to make sure that our councillors remain empowered and that their role is not diminished but reinforced in the face of evolving legislation, a new legislative landscape and an evolving Ireland. Centralising planning policies without adequate local input would do a disservice to this Bill and to our county councillors. I am glad to see there will be a review of county development plans after five years baked into the Bill. I ask that that be meaningful because the mid-term review could be the only opportunity that one-term councillors have to impact the development plan, so it cannot be a tick-the-box exercise. It has to be meaningful.

I note the previous speaker's comments on chief executives of local authorities. I sat here in disbelief wondering if he was trying to make chief executives redundant and almost saying they are unnecessary. I have sat in council chambers for almost a decade. I have had many disagreements with various chief executives, and in my role on the housing committee I meet many of them through the County and City Management Association, CCMA. I have huge respect and put huge value on the work they do for our citizens, for employees across local authorities and for public representatives. I would like to put that on the record.

This Bill also revises the judicial review process related to planning decisions. This includes setting timelines for different stages of the process and enabling local authorities to rectify factual or legal errors in their decisions. We are refining the criteria for who can apply for a judicial review. That is not to limit anybody's access to it; it is to ensure that the process is used effectively. Monday night's episode of "RTÉ Investigates" provided a shocking example of what happens when it is not used effectively, when it is abused. That is being done by a small minority of people who are making vexatious objections in the hope of securing so-called "goodbye money", which is effectively a payment for dropping objections from investors and developers who wish to avoid any unnecessary delays. The programme this week was timely in showing how we need to regulate and who and what we need to regulate in order to make sure that our planning appeals and our judicial review system are robust and do what they set out to do. I am glad there are provisions addressing that in this Bill.

Since the screening of that programme, I have received an email from a developer who has informed me that he initiated legal action against two individuals who have filed over 20 objections or appeals against sites at the planning application stage. Those sites have the potential to deliver 2,000 new homes for 2,000 families or individuals and they are being delayed. We do not know why, but if it is the case that they are being delayed through vexatious complaints, that is not fair on the people who want to get into those homes. In this particular instance many of those sites, I understand, are up to 200 km away from the people objecting.

The Bill seeks to address this abuse of process and to clearly regulate the administrative conditions that anybody - resident, NGO or any other individual - must meet to be able to take judicial review proceedings. I am glad the Bill sets out to prevent this kind of activity from continuing. Such reforms will improve certainty for any investor wishing to develop. They will demonstrate that Ireland is a good place to do business. Most importantly, they will deliver much-needed housing more efficiently for young people and their families across the country. More housing is something every community in Ireland needs, including my area of Lucan, Clondalkin, Palmerstown, Saggart, Rathcoole and Newcastle. Dublin has had over 13,000 new homes built in the past year. Some 2,000 of those are in my area.

The Planning and Development Bill is of enormous consequence in respect of meeting Ireland's targets for renewable energy and, eventually, net zero. Only in the past week, Wind Energy Ireland highlighted with great urgency the fact that Ireland's 2030 renewable energy targets are now in jeopardy due to the inadequacy of the Irish planning system as constituted today.

Many Members of the House are on record as stating that Ireland could be the Saudi Arabia of wind energy but, without a planning regime fit for purpose, Ireland will not be an attractive prospect for investors in renewable energy. There is a limited pool internationally of experienced renewable energy developers and Ireland is in competition with other jurisdictions to secure investment from this small pool to develop our renewable energy resources.

The Bill legally defines the term "maritime development" and integrates it with the maritime area consent process established under the Maritime Area Planning Act 2021. This legislation will provide certainty and clarity to investors and semi-State companies on how to proceed with the development of offshore renewable energy.

Energy independence and reducing our carbon footprint is a priority for Members on both sides of the House and the Bill will be key to ensuring Ireland has the credibility internationally to secure large-scale investment from the renewable energy industry throughout the world. I extend my gratitude to the Minister, the officials who worked on the legislation and all those who support us on the housing committee for their work on the Bill. I welcome what the Bill represents. What we need, and what the Bill will provide, is clarity, consistency and transparency in our planning system. We need these now more than ever.

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