Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 38: To ask the Minister for the Environment, Heritage and Local Government the measures he plans to address a backlog of appeals being dealt with by An Bord Pleanála; and if he will make a statement on the matter. [10232/09]

Jim O'Keeffe (Cork South West, Fine Gael)
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Question 45: To ask the Minister for the Environment, Heritage and Local Government the number of planning appeals in the year 2008, and the percentage of these that were disposed of within the statutory 18 week period in relation to delays in planning appeals, which in many instances are inhibiting development activities throughout the country; if the additional staff promised to An Bord Pleanála are in place; and the further steps that are being taken or which are proposed to deal with the backlog of cases and to restore compliance with the statutory objective of determining appeals and referrals within a period of 18 weeks. [9941/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 38 and 45 together.

An Bord Pleanála has a statutory objective to determine appeals and referrals within 18 weeks. Consideration of the performance of the board must take account of the legacy of record levels of case intake over recent years and the assumption of significant new functions under the Planning and Development (Strategic Infrastructure) Act 2006.

In 2007, the board received a record 6,664 new cases, up 12% on 2006, and determined 6,163, which is a 10% increase on 2006. This high intake, coupled with an increased workload on strategic infrastructure cases, resulted in a significant backlog at the end of 2007 and challenged the board in meeting its statutory objective. In 2008, almost 5,600 cases were received and 22% of cases were disposed of within the 18-week period.

In light of the demands on the board, sanction was given in 2007 for an additional 35.5 permanent staff, bringing the total complement to 172. Board membership has also been increased from ten to 11, on a temporary basis.

The board is now focused on dealing with the backlog and restoring compliance with its statutory objective. Caseload is expected to continue to decline with about 5,000 new cases anticipated over 2009. In the two months to the end of February, the board determined over 900 cases with 584 cases determined in February, the highest monthly output on record. Cases on hand have fallen 16% compared to the same period last year.

To assist the board, I recently initiated arrangements, through the offices of the county and city managers' association, to secure the temporary secondment to the board of senior planning staff from authorities in the greater Dublin area. I expect a positive response that would allow the first staff to transfer within the coming weeks.

In the context of the Planning and Development (Amendment) Bill, I also intend to provide for a reduction in the board's current quorum of three to two, for the purpose of determining certain classes of routine cases.

Jim O'Keeffe (Cork South West, Fine Gael)
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Does the Minister accept that, in these difficult times, any bureaucratic obstacle to development must be removed forthwith? There must be a strong emphasis on the encouragement of development. Three suggestions occur to me. First, one does not have to jettison good planning to ensure that the process is working effectively. The involvement of a pre-validation process can ensure that. In some local authorities invalidation runs at 40%, while in others it is below 8%. That situation should be clarified.

Second, I am glad that steps are being taken at last concerning planning appeals. I worked on the basis that only one quarter of all appeals last year were disposed of within the statutory timeframe of 18 weeks. I think the Minister said the figure was 22%, which is less than one quarter. Whatever resources are needed should be given to An Bord Pleanála to clear that backlog, including freeing up local authority planners.

Third, I know developers are not the favoured class of people in the world today, but without development this country will be in even greater trouble. Can the duration of planning permissions be extended under the terms of the new legislation for something like three years? This would encourage finance to get developments under way.

I am making those three suggestions to the Minister not to help developers, but to help development.

John Gormley (Dublin South East, Green Party)
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The Deputy is right to make that distinction. People may say that while they like housing, they do not like developers but who builds the houses?

Jim O'Keeffe (Cork South West, Fine Gael)
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Exactly.

John Gormley (Dublin South East, Green Party)
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We recognise that fact and we all share the same objective in trying to stop bad development. We want to ensure good development and good quality housing that is properly planned. Not only are the Deputy's suggestions worthy of consideration, but I will also be bringing them forward. They are vital for people who have invested large amounts of time and money. In the Deputy's own part of the country recently I was told that an individual had invested considerable sums — up to €600,000 — yet the pre-application stage was sent from one planner to another. That lack of consistency bedevils our planning system. I am trying to bring consistency to all levels of planning, as well as consistency between local authorities. Many of the issues the Deputy has raised will be addressed in the new Planning and Development (Amendment) Bill.

Jim O'Keeffe (Cork South West, Fine Gael)
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May I ask one supplementary question? If the Minister accepts they are good ideas, will he, in the name of God, put them into operation as quickly as possible?

Brendan Howlin (Wexford, Labour)
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I will call the Minister again. I want to get Deputy Finian McGrath in.

Finian McGrath (Dublin North Central, Independent)
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I have three short questions. Did I hear the Minister correctly when he said there was a 10% increase in appeals to An Bord Pleanála? As regards the backlog of appeals, does the Minister still share my view, and that of many people in Dublin North Central, that the proposal of the Dublin Port Company to fill in 52 acres of Dublin Bay, currently before An Bord Pleanála, is environmental vandalism? What is his current view on the position?

Brendan Howlin (Wexford, Labour)
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It is quite improper to raise in the House a matter that is currently one for determination by an independent statutory body.

Finian McGrath (Dublin North Central, Independent)
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I accept that point but I have not finished.

Brendan Howlin (Wexford, Labour)
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It would be quite improper and, if I recall, unlawful for the Minister to venture such a view.

Finian McGrath (Dublin North Central, Independent)
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I take that point but I just wanted to ask the Minister what his current view is on the particular proposal to destroy Dublin Bay. When the Minister is dealing with the planning legislation, it is important to have sensitive community and environmental development throughout the city of Dublin. Up to this we have seen a lot of crazy, wildcat stuff.

John Gormley (Dublin South East, Green Party)
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To answer the Deputy's first question, it was not 10%; it is up 12%. On his second question, it is not in the Minister's gift — indeed, as the Leas-Cheann Comhairle said, it is illegal to comment on any application or to try to influence any application. However, in my role as Minister for the Environment, Heritage and Local Government, I have extended the special protection area for Dublin Bay. It is an area I consider to be of immense ecological importance. That is why it was done. It has been welcomed by most people who are interested in Dublin Bay. As the Deputy knows, we have also set up the Dublin Bay task force. We are looking at regenerating the bay as a real resource — something that Dubliners can be proud of. Compared to any other city, we are lucky and privileged to have such a bay.

Brendan Howlin (Wexford, Labour)
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I know that both the Minister and the Deputy are interested in this matter but it is well beyond the scope of the question.

Finian McGrath (Dublin North Central, Independent)
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What about the 52 acres?

Terence Flanagan (Dublin North East, Fine Gael)
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As the Minister said, there is a sizeable backlog of applications before An Bord Pleanála. In my own constituency of Dublin North East, the majority of planning decisions that end up with An Bord Pleanála go over the 18-week period. What extra measures can the Minister take to ensure that these planning applications are determined within the timeframe? I know he has appointed 35 more planners, but will that ensure that in future decisions are made in a more timely manner than at present?

John Gormley (Dublin South East, Green Party)
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The short answer is "Yes". I hope we can comply with the 18-week period because the peak of applications has now gone. In the Dublin area in particular, we will be moving staff from local authorities to An Bord Pleanála. We will also reduce the quorum required for routine applications from three to two. All these measures will ensure that we actually comply with the 18-week period. We will do that as quickly as possible.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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I have a couple of brief questions. In the context of this legislation, can the Minister ensure that something can be done about commercially malicious appeals that are taking place? The Minister of State, Deputy Finneran, can provide some examples of where that happened. Objections were lodged purely to delay a commercial operation so that they could get their own operation up and running.

Can there be more co-operation with planners at local authority level to provide a checklist or information to local engineers concerning basic errors that are being made in planning applications? In that way, applications could be streamlined in the first instance.

As public representatives, we have all come across cases where engineers, allegedly acting on behalf of individuals — usually young couples — literally rob money from them by putting in planning applications which they know in their heart and soul have no possibility of being granted. Despite this, they gather the fees for such applications, while the local authority is blamed as a result.

John Gormley (Dublin South East, Green Party)
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Regarding what the Deputy termed "malicious applications"——

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Malicious objections.

John Gormley (Dublin South East, Green Party)
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They are difficult to determine because an individual can get another person to do it on their behalf. I have no doubt this happens but proving it in law may be difficult. This point has been made repeatedly to me but it is difficult to deal with it in legislation.

The Deputy is correct that a template would be helpful to applications, streamlining the process and pointing out any potential pitfalls. Some local authorities provide this but, again, it is a question of getting consistency between the various authorities.

Concerning engineers making applications on behalf of gullible people, one cannot legislate for gullibility. I do not know why an engineer would be putting in an application. I would have thought an architect or a planner would be far better qualified to do that.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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It could be an architect or a planner.

John Gormley (Dublin South East, Green Party)
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People need to choose carefully and have a bit of cop on and common sense.

Terence Flanagan (Dublin North East, Fine Gael)
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How long does the Minister anticipate it will take to get through the backlog of An Bord Pleanála cases?

John Gormley (Dublin South East, Green Party)
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It is difficult to estimate the time but we are getting through it fairly quickly. However, cases have fallen by 16% compared to the same period last year. While I cannot give a precise time on clearing it, steady progress is being made.