Michael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

I wish to share one minute of my time with Deputy Timmins, by agreement.

Séamus Pattison (Carlow-Kilkenny, Labour)
Link to this: Individually | In context

Is that agreed? Agreed.

Michael Ring (Mayo, Fine Gael)
Link to this: Individually | In context

I have concerns about the planning regulations for developments which front on to national primary roads. I am aware of several cases in which planning permission was granted by local authorities but appealed to An Bord Pleanála by the National Roads Authority. On occasion, objections have been made to the construction of single houses.

This year, a major garage in my town applied to Mayo County Council for planning permission. The National Roads Authority made critical observations on the application. I am delighted the garage was granted permission but a young couple were refused planning permission by Mayo County Council to build a house 200 yards away on the same road. I interceded on behalf of the couple, who subsequently made a successful application to the council. However, the NRA objected to the development. The couple asked me why the NRA objected to their development but not to the garage. I made serious allegations in this House, which I stand over, but I will not repeat them tonight.

I wrote to the NRA to seek an explanation as to why it did not follow through on the observations it made with regard to the garage. The NRA replied that it did not prove feasible to do so within the prescribed period due to the receipt of notification of the council's decision immediately before the Christmas break and the absence of authority personnel on annual leave. Does that mean we will have to wait for someone to advise that the NRA's staff will be on holidays and, therefore, will not object to a planning application?

I urge the Minister of State to persuade the NRA to withdraw its objection to the couple's application on the basis that it did not object to the garage. A couple of hundred cars will enter and leave the garage area but only one or two will leave the couple's private house. The matter must be resolved. The NRA has an obligation to withdraw its objection.

If planning permission for a project is granted the day before the NRA's staff go on holiday, will the agency fail to make objections on safety grounds? That question will have to be answered because I will not let it go. I intend to outline the matter to RTE and will introduce the couple to any Ministers who visit my constituency. This is the couple's only opportunity to build a house.

There should be one planning process under the aegis of local authorities and An Bord Pleanála. An Taisce and the NRA should not be allowed to make objections later than the five week period allowed for observations. I am unhappy about this situation because it is wrong that a State agency should put such a reply in writing. I will ask the Ombudsman to adjudicate on whether the staff of the NRA can avoid their responsibilities simply because they go on holiday. That would mean emergency surgery is cancelled when a hospital consultant takes a holiday or, if the staff of the Oireachtas decide to go on holiday tonight, the Dáil will not work tomorrow. That is not the way this country is run. There should be an investigation into the unfairness in the planning process.

Billy Timmins (Wicklow, Fine Gael)
Link to this: Individually | In context

The explanation provided by the NRA to Deputy Ring is completely unsatisfactory. During the holiday period additional days are added to the 28 days allowed for appeal. I cannot understand how this is the case. In a similar case north of Blessington the NRA appealed plans for a one-off house.

One of the major issues in my constituency is the condition of the national secondary road, the N81. Improvement of this route between Blessington and Tallaght was included in the National Development Plan 2000-2006 by the Government but nothing has happened. It was included in Transport 21, launched with such fanfare by the Minister for Transport. I have tabled questions to establish when work will be carried out on the N81 but they were ruled out of order. I wrote to the NRA who replied that there are no plans to carry out major works on the road. How can I find out what is the situation?

This is one of the most dangerous roads in the country. A number of people have been killed on it in recent years. Over the past ten years more than 400 accidents have occurred, leading to major and minor injuries. As a representative of the area, I cannot find out when improvement works will be started. I urge the Minister of State to contact the Minister for Transport to ascertain what is happening.

Tim O'Malley (Limerick East, Progressive Democrats)
Link to this: Individually | In context

I am pleased to outline the Department's position on development fronting on accessing national roads. The decision to grant a planning application, with or without conditions, is a matter for the relevant planning authority or An Bord Pleanála in the event of an appeal. In making decisions on applications planning authorities must, under planning legislation, consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant ministerial or Government policies, including any guidelines issued by the Department.

Policy on development of national roads has been consistent for many years and was restated recently in the Department's draft development management guidelines, which are expected to be issued in final form before the end of this year. These guidelines state that the location of new means of access to national primary roads or residential, commercial, industrial or other development dependent on such means of access should not be permitted except in areas where a speed limit of 50-65 km/h applies or, in case of infilling, in the existing built-up areas. The same considerations apply to national secondary roads.

The safety of road users is of particular importance. Analysis of road accident data indicates that more than 50% of all injury accidents reported on Irish roads over the period 1996-2004 occurred at junctions or involved turning movements on to or off roads. The risks posed here are obviously greater on national roads where there is a greater volume of traffic and higher speed limits apply.

This policy was stated as long ago as 1982 in the Department's development control advice and guidelines, which referred to the need to protect the investment in national roads and to traffic hazards for both residents and road users. The NRA's recent policy statement on development management and access to national roads, dated May 2006, is a further elaboration of this policy. This policy has also been restated in the Department's sustainable rural housing guidelines for planning authorities, issued in April 2005. Accordingly, policy on development on national roads is long-established and well-known.

Under the Planning and Development Regulations 2001, the NRA must be consulted on all planning applications where the proposed development would involve the formation or widening of an access to a national road except in a built up area or where it might give rise to a significant increase in the volume of traffic using a national road.

Any submissions made by the NRA on a planning application must be taken into account by the planning authority in making its decision. It is open to the NRA, as it is to any person or body who made a submission, to appeal the decision of a planning authority to An Bord Pleanála. The policy guidance on development of national roads is clear. There are no plans to introduce amending legislation. If the Deputies wish to provide the correspondence regarding planning permission I will speak to the Minister.