James O'Connor (Cork East, Fianna Fail)
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With the kind consent of an Leas-Cheann Comhairle, would it be possible to share with Deputy Pádraig O'Sullivan?

Catherine Connolly (Galway West, Independent)
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The Topical Issue matter was submitted in your own name and I am afraid there is no provision for that.

James O'Connor (Cork East, Fianna Fail)
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Okay.

Catherine Connolly (Galway West, Independent)
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There is provision for that before the taking of it, but not after.

James O'Connor (Cork East, Fianna Fail)
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I acknowledge the presence of Deputy Pádraig O'Sullivan, for whom this matter is of huge importance. I am sure he will also raise it in his own right.

I would like to discuss the significant and troubling work that the Office of the Planning Regulator, OPR, has been undertaking over the past 18 months in respect of the ongoing development plans of local authorities in Ireland. I want to raise this matter because in today's society we are living in an era of independent State agencies, which, though merits were hugely attributed to their creation, are stripping the State of the democratic vehicles that we should be relying upon. One of the agencies that I feel is guilty in this regard is the OPR. This is with regard to a number of key decisions the regulator has taken around county development plans within my county. There have been huge inadequate inadequacies in the decisions that have been taken on the county development plan.

I will give one key example of one town in my constituency. Fermoy is reliant on the M8 motorway between Cork and Dublin for its future growth, the provision of new jobs, and ensuring the town has a viable economic future for the development of industry within its own area. The OPR has been interfering with Cork County Council and members of the local authority in their desire to see that lands already zoned and that are serviced provide all of the infrastructure required for industry in that location and stripping them of their zoning for industrial use. I believe this is absolutely and utterly appalling.

We need to make a decision in this country about who runs it. We are seeing red tape, and now green tape, added to the decision-making process around what is zoned and what is not. Quite frankly, it is insulting to members of local authorities and to democratically elected members of this Dáil that we continue to see such gross interference in county development plans of local authorities across the country. If we keep going in this direction it will come to the point where zoning as an issue will not be the responsibility of councillors any more. I have a major problem with this. I want to know what the Minister for Housing, Local Government and Heritage thinks but, unfortunately, he is not present this morning to address what is a crucial issue for members of local authorities.

His Department has responsibility for local government for a reason. The actions of the agency under that Department's auspices show that it is not behaving in a manner that reflects this responsibility. It urgently needs to be dealt with now. For towns throughout the country, having an office of civil servants based in Dublin making decisions about what is in the best interest for locations such as Carrigtwohill and Fermoy, and for local authority areas across the country, is profoundly inappropriate. Those decisions should, by right, be made at a local level. Deputy O'Sullivan and myself have a serious issue with that. I would like to hear what the Department has to say in response.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I thank the Deputy for his question and I also thank Deputy Pádraig O'Sullivan.

The Planning and Development Act 2000, as amended gives the OPR a statutory basis to carry out three main functions. One core function of the OPR is the independent assessment of all local authority and regional assembly statutory plan making processes. This includes county and city development plans, local area plans, and regional spatial and economic strategies.

The OPR provides observations during the drafting of statutory plans. In cases where the OPR finds that a local authority's plans are ultimately not consistent with relevant regional or national policies, the OPR can recommend the use of Ministerial powers of direction to bring plans back in line with statutory requirements and best practice. These OPR recommendations must be published. If the Minister does not agree with the recommendation of the OPR and refuses to use the powers available to him or her, the Minister must prepare a statement of reasons for this decision, which is then laid before both Houses of the Oireachtas. It is a robust system.

Recommendations issued by the office relate to clear breaches of the relevant legislative provisions of the national or regional policy framework or the policy of Government, or both, as set out in ministerial guidelines under section 28 of the Act. As such, the planning authority is required to implement or address recommendations made by the office to ensure consistency with the relevant policy and legislative provisions.

The Minister's powers pursuant to the section 31 process are invoked on receipt of a notice issued by the OPR in accordance with section 31AM(8) of the Act.

Since its establishment in April 2019, the OPR has assessed and evaluated 22 city and county development plans to adoption stage. Of the 22 plans, 13 have been the subject of a section 31 notice letter from the office to the Minister of State with responsibility for planning and local government recommending that the Minister issue a draft direction. Twelve of the 13 draft directions have been issued by the Minister, and the Minister's final decision is due to be issued on 24 October in regard to the remaining recommendation.

Regarding the 12 draft directions issued by the Minister and pursuant to section 31AN(4) of the Act, the office subsequently recommended that the Minister issue final directions on nine. Of these, six have been issued. The remaining recommendations are under consideration by the Minister.

The planning issues that were the subject of the six section 31 final directions issued by the Minister on county development plan reviews can be summarised generally as follows: excessive and inappropriate land-use zonings for a variety of land uses, mainly residential use, often in peripheral locations at a remove from settlements and subject to a number of specific site constraints, including flooding, access and servicing; the inclusion of conflicting wind energy development policies; and prohibitive policies related to the banning or limiting of certain types of development.

There have been four occasions on which the Minister has decided not to include all of the recommendations made by the office in issuing either a draft or a final direction. These are listed as follows. The section 31 draft direction on the Kerry county development plan for the period 2022 to 2028 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy. The section 31 final direction on the Cork county development plan for the period 2022 to 2028 did not issue on two of the recommendations made by the OPR relating to retail planning policy. The section 31 final direction on the Westmeath county development plan for the period 2021 to 2027 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy. The section 31 final direction on the Laois county development plan for the period 2022 to 2028 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy. For each of the four listed, the Minister has prepared and submitted a statement of reasons to both Houses of the Oireachtas as to why he has not agreed with the recommendations of the OPR. Eight development plans are still in the review process and will remain subject to evaluation and assessment by the OPR.

I will refer specifically to the points raised by the Deputy when responding to supplementary questions.

James O'Connor (Cork East, Fianna Fail)
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I thank the Minister of State for the information he has brought before the House but wish to raise the fact that the manner in which the OPR has dealt with the attempts of Cork county and city councils to provide a retail outlet centre in their development plans raises serious concerns about its judgment and understanding of its role in this particular process. The OPR's attempt to quash a variation of Cork's plan was rejected by the courts not on one but on two occasions. This indicates why I feel we are right to highlight this extremely concerning issue and the erosion of democratic power at local government level in this country. The judge stated this was not a borderline case, a decision on points or a line call but that it was a win in straight sets. I refer to the issue of going against legal advice. In raising this issue, I want to hammer home to the Department that there seems to be a growth in interference in county development plans. It is highly insulting to members of local authorities that this continues to happen. It is happening on a national basis. That an office in Dublin is trying to tell councillors in places such as Cork how they should conduct their affairs is highly concerning and should be stopped.

I am also extremely concerned about the future of rural development. In recent days, not only with the OPR but also with An Bord Pleanála, huge projects have effectively been shelved as a consequence of new legislation related to environmental targets. I have to question that. I am concerned about what it will do to local democracy if we do not put a stop to it now. I ask the Minister of State to take these points on board and bring them back to the Department.

I congratulate the Minister on the decision he took on the outlet centre. It was the correct one. Perhaps the same could be done regarding the issue in Fermoy.

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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It is interesting that on a day of excessive rainfall and orange rainfall warnings, we see that many of the areas that are prone to flooding across the country are such because of bad planning.

I reject outright the use of the term “interference” in respect of the OPR. The office plays a critical role in our planning system. It exists to guide and support the work of local authorities. There is robustness in that the Minister does not have to accept the recommendation. It is worth remembering that the OPR was formally established in 2019 on foot of recommendations made by the Tribunal to Inquire into Certain Planning Matters and Payments, the Mahon tribunal. The appointment of an independent planning regulator empowered to oversee the planning system in Ireland was one of the key recommendations of the tribunal.

I note the concerns raised by the Deputy on Cork but it is critical to note that the OPR is playing an important role, one that we and local authority members should value. We should regard it as a supportive role. Rather than interfering with development plans or democratic processes, it exists to guide and support local authorities in the essential work they do on planning.