Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

We want people to live in rural Ireland. We want the schools to be populated. We want rural towns and rural villages to do well.

Under European Union law we must comply with the habitats directive. We are currently doing an update on the national planning framework. We are meeting with the planning advisory forum, which I chair. We have a body of work commissioned with the Economic and Social Research Institute, ESRI, looking at population trends based on the census. The ESRI will provide us with an update on that early in the new year. This will feed into looking at population trends in Ireland. An element of that will feed into planning for rural Ireland. It has to be systematic as well. The Deputy has posed an issue that has come up a lot in terms of national routes and so forth. I am committed to people living in rural Ireland. I come from a rural background, I was reared in a town, and I represent a city constituency now so I am familiar with all aspects. For me, I see this Bill as an integrated model. It is important that at some point in time one has a review of this. I see this as a consolidated Bill for planning. An Cathaoirleach Gníomhach, Deputy Verona Murphy, the other Deputies and I, we are all practising politicians. The three elements to this are: the lack of consistency on planning decisions, the certainty around timelines and clarity of particular aspects. With this model we are looking to have a plan-led model and we want to ensure the last measure should be the judicial review.

The Deputy spoke about resources. We are putting resources into the local authorities. The County and City Management Association did a report with more than 500 planners and staff in that area. The resources are going in and we are looking to recruit 100 this year. Furthermore, we are recruiting to bring the complement up to 300 in An Bord Pleanála. We believe An Bord Pleanála statutory timelines will also bring certainty and that is what developers want.

A couple of issues also came up with people about the allotments and that is now in the legislation. It is in section 46(3) on page 106 of the Bill. That had come up quite a bit. It is not being brought forward as amendment: it is actually in the legislation now with the same provisions as the current Planning and Development Act 2000. The Bill before us is a once in-a-generation opportunity to update, improve and future proof legislation that underpins so much of our day-to-day lives and which plays a role in almost every aim and aspiration that we put forward in these Houses. Whether it is planning for new school buildings, funding new sports or healthcare facilities, delivering new homes, or building the transport and energy infrastructure to enable continued growth, the planning system plays a pivotal role. This Bill is not just about building houses. It is about building a vital infrastructure, schools and everything else as well.

Planning is a complex interdependent system. We want the development plans to link in with the risk plans that link in with the national planning framework. We are looking for a balance to ensure we streamline the planning process but under Aarhus principles the public will continue to be able to put in submissions or object, whatever term one wants to use. We are required to do that under the Aarhus principles and under recent legislation. It is complex. Decision makers must balance environmental concerns with delivery objectives where the voice of local people and elected representatives must be considered. Within An Bord Pleanála we now have a specific section dealing with marine and we have people under that. Previous contributors spoke about being able to deal with the environment impact statements, EIS. That skill set is within An Bord Pleanála regardless of any individual perspective on housing delivery or the climate transition. Climate came up quite a number of times. Climate is specifically dealt with in the Bill in sections 27, 41 and 24 so it is not fair to say the Bill does not deal with climate change. It deals with it quite significantly.

We can all agree on the need for a planning system that is transparent as well as efficient, clear and consistent where, regardless of the final outcome, the processes at least are considered fair and inclusive. The Bill before the House is a combination of rigorous legal review of the Bill by Attorneys General - the previous Attorney General and the current Attorney General - and engagement across a range of Government Departments, supplemented by the experience and input of more than 30 key organisations across the Irish planning sector, public and private, through involvement of the planning advisory forum, which I continue to chair. There has been extensive engagement with the Oireachtas joint committee. The Minister, Deputy O'Brien, the Minister of State, Deputy Noonan, and I are very much looking forward to engaging with the committee and we are very open to Committee Stage amendments. We may not agree with all of them but we are very much open to engaging with them. I am with the Deputy on that. There was also a comprehensive prelegislative process which was positive and welcome.

To that end, much of the work that has gone into this Bill has gone into bringing increased clarity to the process, adding certainty for all stakeholders and ensuring public and private practitioners have full confidence in the planning system. There is also the introduction of statutory timelines across all consenting processes, particularly in An Bord Pleanála, and unprecedented investment in and resources for An Bord Pleanála. Every tier of the planning system, from the national planning framework to, especially, plans for local areas, will be renewed and refined to ensure increased alignment throughout.

An issue that came up concerned councillors' involvement under this new planning Bill. Development plans go from six to ten years. There is a review process after five years. Variations can come forward at that stage but councillors can request variations at any point in the cycle of the plan. Nothing has changed in that regard. In terms of ministerial statements, we will look for one of the stakeholders to consult his councillors.

The introduction of statutory timelines across all consenting processes is a step-change in the planning process. Section 28 guidelines will be replaced by national planning statements, approved by the Government following consultation with relevant stakeholders.

The process and parameters of judicial review came up with a number of Members. These have been clarified and refined to exploit the process while improving access to justice through the introduction of an environmental legal cost financial assistance mechanism, which will be available to contribute to the cost of such cases, and the introduction of a scale of fees to regulate the overall cost of the areas.

An issue that came up today concerned putting in a request that something be deemed an exempted development. We have taken the view that people directly involved can request an exempted development. People who are not are third parties. There is nothing to stop them in a normal way going to the local authority and putting in a complaint or request on an issue. We are putting the resources into the local authorities for that.

Another issue that came up was “use it or lose it”. We are very much streamlining. That has not changed. People will still be able to apply for an extension but it will be for one extension with a maximum of five years. Furthermore, if they are applying for that extension, they must have commenced the development. There will never be a situation where a person gets the extension without the development and building works under way. We will table an amendment to that effect on Committee Stage.

We want a robust system. We want a unified approach. Everybody is looking for consistency. There is a lack of consistency at the moment. I get it from all public representatives. The national planning statements will have the approval of the Government and will be accompanied by guidelines which will be more flexible to allow local authorities to implement them in a flexible way.

On judicial review reforms, effectively we are looking to streamline the process. Apply to leave is being removed. People will still be able to take judicial reviews, as they can now. Further, we are putting in an environmental legal costs supports scheme. That will ensure people can take cases to judicial review under the Aarhus principles, which ensures nothing will stop people taking a case if they have a genuine case. We want to ensure they are not frivolous or vexatious because we want to streamline the process.

I will deal with an issue that many brought up. Whatever people say about RTÉ, it does good investigative journalism. The work “RTÉ Investigates” did this week on the planning issue shone a light on something that should not be happening. It is something that must be said about RTÉ. In my role as Minister of State with responsibility for planning, it is not appropriate to comment on individual cases. Anyone with concerns regarding a breach of law in respect of a planning application should contact An Garda Síochána. The planning system is an open process which encourages public participation. The Government does not condone behaviour which would interfere with the process as set out in legislation or which would lead to possible abuse of the courts system.

My colleague, the Minister, Deputy O’Brien, wrote to the Attorney General and the Minister for Justice on this matter this July to express his desire to find a suitable solution to the challenge of demands for financial compensation regarding planning objections. The Attorney General provided the view that such matters are provided for under current criminal justice legislation. However, in order to protect the planning process, we are reviewing this matter in the context of the current Planning and Development Bill before the House and in terms of sanctions in that area. An Bord Pleanála has powers to dismiss an appeal where it is of the opinion that it is frivolous or vexatious or has been made with the intention of delaying the development or securing money, gifts or other inducements. These provisions are replicated in the Bill.

The legislation is accompanied by specific timelines, particularly in terms of An Bord Pleanála, and additional resources for An Bord Pleanála and local authorities to ensure we get applications through efficiently. People can make submissions but the applications will be dealt with in a timely fashion. With An Bord Pleanála, it is between 18 and 48 weeks, depending on the type of application.

The Bill is a product of a rigorous and ambitious overhaul of legislation that has served for almost a quarter of a century and has been extensively added to and amended in that time. The Bill updates and refines the building blocks of the planning system to ensure that it is fit to meet any new challenges the coming decades may present and that Ireland can plan confidently and consistently to meet future challenges in a fair, transparent and inclusive manner.

We have listened to the views of the Attorney General, the joint Oireachtas committee, the pre-legislative scrutiny report and the valued input of members of the planning advisory forum and beyond. I thank Deputies for their engagement on the Bill in recent days. We look forward to engaging with them on Committee Stage.

I have touched on a number of the items that were raised. I have touched on An Bord Pleanála, which was brought up by a large number of Members. I have touched on the environmental legal costs supports scheme, the input of councillors and the habitats directive. People asked why we are bringing this in. We are bringing it in because at any point in time you have to look at legislation in the round. Looking across all areas, we had a consolidated tax Bill and a consolidated competition Bill; it is appropriate we have a consolidated planning Bill as well. I have dealt with judicial reviews, exempted developments and the fact the Bill deals comprehensively with climate change. The transition arrangements will come through on Committee Stage. That was raised by quite a number of Members. Some of what Members brought up was very important. It will get rigorous review on Committee Stage. I dealt with rural Ireland. Deputy Moynihan referred to social cohesion included in planning, which is hugely important.

We do not want situations arising in the planning system that slow it down with frivolous and vexatious claims.

We need to build houses and to get infrastructure on stream, and we want to do that in a fair and balanced way. It is fair to say that the large majority of planning applications are coming through the local authorities, which do fantastic work, and that has to be said.

In conclusion, I thank all Members for their contributions. We look forward to detailed engagement on Committee Stage and I look forward to the amendments they are bringing forward in order that out of it, we have a consolidated planning Bill that is fit for a modern age in respect of what we are looking to do in Ireland for the next long number of years.

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