Dáil debates

Wednesday, 12 June 2024

Planning and Development Bill 2023: Report Stage (Resumed)

 

6:05 pm

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I, too, will comment on amendments Nos. 175 to 177, inclusive, in this group. The national planning framework is hugely important and I agree with voices here on the democratic accountability for how it is dealt with locally. The national planning framework decides development in the broadest possible terms.

Consider the town of Drogheda, with which the Minister is familiar. The problem is that planning decisions on the size of the town and on how it is going to grow are made not by Drogheda Borough Council, because it does not exist anymore, but are made in Dundalk and in Navan. The people of Drogheda, who should be at the core of decision-making determining what the plan should be in our town, do not have a say in it. The majority of voices in that debate in those chambers are not local voices. I am not saying they are hostile but they are not local. Along with the national planning framework and greater regulation in the broadest sense, we must have direct accountability locally. Drogheda needs to have its own city status. From 20 years ago it has grown from a town of 22,000 to more than 45,000. It is the largest town in Ireland, yet it has no council in the town, it has no county manager, and it has no administrative structure where all of these very important issues such as the national planning framework can be debated and where the decisions in the national planning framework can be effected.

When planning permissions are given and then objected to, the average number of weeks it takes An Bord Pleanála to dispose of planning appeals comes into question. Some appeals are spurious, as we know. In this regard, the Minister has a welcome amendment prohibiting the requesting of payment in consideration of not opposing a development. In 2019, the average number of weeks taken to dispose of a planning appeal was 18. At the end of September 2023, it was almost a full year. Major injustices are being done because of spurious appeals of planning decisions, although the majority of appeals are probably reasonable. I welcome what the Minister is doing in this regard, along with the fines and the jail sentence if there is a criminal offence. The proposal does not exclude people who have a right to be compensated for decisions that affect them, their properties or their homes owing to their being overlooked or to the elimination of green spaces. The matter has to be examined.

Consider the role of local authorities under the national planning framework. In the case of Drogheda, for example, the Westgate vision is before An Bord Pleanála for a decision but the board does not have the staff to deal with the application, notwithstanding the changes that have been made. The process should be much more efficient. If the local authority has a vision for the future of the town of Drogheda but cannot get the required decision, it is unacceptable.

Let me refer to the regulation of planning and the breaching of planning laws. Listed buildings like Brady's in Drogheda, a very important house of architectural merit built in 1760, are being demolished owing to their being in a dangerous condition because their owners allow them to become derelict and the councils, over a number of years, do not act. Historic or important buildings in our towns and cities that are designated as of regional importance are being demolished by councils because they have become dangerous. Therefore, the councils need far more grit and determination to deal with what is in our national planning framework, and the designation of listed and important regional buildings must be supported and acted upon. It is ridiculous that in the town of Drogheda, the medieval street called Narrow West Street will be closed to all traffic and pedestrians for the rest of this month because of the lack of action by An Bord Pleanála in making a decision on time, and the lack of action by the council to pressurise the builder to make a property safe. The option is now to demolish, but one should rest assured that we will oppose any future planning application to change the width of the street and its historic relevance. The front of the building in question and its curtilage must be protected in any planning decisions, as happened in the case of Drogheda Grammar School, which case we brought to the High Court.

I welcome the legislation. This is very important but we need to emphasise more the democratic decisions that are made locally and the accountability of people who make spurious appeals for personal gain with no planning argument. This is basically extortion, which is wrong. I hope the legislation will determine this will not happen in the future.

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