Dáil debates

Thursday, 2 March 2023

Personal Explanation by Minister of State

 

4:45 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Before proceeding to the Employment Equality (Pay Transparency) Bill 2022, I must inform the House that, earlier this afternoon, I received a request from the Minister of State, Deputy Niall Collins, to make a personal statement pursuant to Standing Order 56 in relation to a particular planning matter. I understand the Minister of State is here to do that now.

Photo of Denise MitchellDenise Mitchell (Dublin Bay North, Sinn Fein)
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On a point of order, I am aware this is at the Ceann Comhairle's gift. The Business Committee met this morning and there was no indication given this issue would taken later today. I welcome the fact the Minister of State is in the House to give an explanation, but it would have been better if the Business Committee had been informed and if the Minister of State would have been prepared to have a questions and answers session.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I thank Deputy Mitchell. The fact of the matter is that a request under Standing Order 56 has nothing whatsoever to do with the Business Committee. It is none of its business. It is a matter for whoever occupies the Chair.

We did not receive the request until this afternoon and the Business Committee was well over. When I made the decision that we would facilitate the statement, I instructed the secretariat to inform the members of the Business Committee. Indeed, all the Members of the House may have been advised, as was appropriate. Certainly, the Business Committee was advised. I call the Minister of State.

Photo of Niall CollinsNiall Collins (Limerick County, Fianna Fail)
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I wish to address the misleading and inaccurate contents of a recent article relating to a planning application for my family home which I made as a private citizen 23 years ago. I am happy to clarify the position to the Dáil today.

In 2001, while a private citizen, I engaged a local architect and planning agent to submit a planning application for me on land my family owned in Patrickswell. I had acquired a house near Limerick city with my wife in 1999, two years earlier. I wished to move closer to my parents who were advancing in age to be near to them, to help them and to support them in any way I could. I hoped also that I could rear my own family in an area where I had lived for most of my life.

My home area of Patrickswell was deemed to be in the pressure area as designated by the 1999 Limerick county development plan, which was the overarching planning policy document and upon which planning decisions were made at that time. The decision on my planning application for my new home near my parents would have been based on the policy contained in the 1999 Limerick county development plan, which clearly stated that any person who lived in the pressure area prior to 1990 was eligible to be granted permission. I was eligible in accordance with the planning criteria and I appointed a local architect to compile and submit the application on my behalf.

The 1999 Limerick County Development Plan states the following:

Pressure Areas

Taking the policy considerations outlined under 'General Settlement Policy' ... into account, residential development within the pressure area will only be allowed in the following cases;

That which is necessary for agriculture or related rural activities and for long term resident landholders. Dwellings for sons and daughters of these categories will also be permitted.

Dwellings for applicants who are working in essential rural activities.

Any person who has lived in the pressure area prior to 1990.

Where an old or derelict dwelling is being reconstructed in sympathy with its existing character, or where an old building of character is being restored or reused as a dwelling.

I clearly met the planning criteria on two grounds by virtue of being the son of a long-term resident landholder and having lived in the pressure area prior to 1990.

The matter of whether I owned a house with my wife near Limerick city which was outside the pressure area was not an issue of consideration or policy at the time under that county development plan, and whether I had stated that was immaterial to the planning adjudication process 23 years ago. The house I owned on Fr. Russell Road in Dooradoyle was not in the pressure area.

In 2004, I was elected as a councillor to Limerick County Council, and thereafter the council introduced a new planning policy in relation to housing need. I was first elected to Dáil Éireann in 2007. This housing need factor, that is, whether you owned a house, referred to in the article only came into a new county development plan policy for County Limerick in 2004. This was three years after my planning application was submitted. My planning application was submitted three years before I became a local public representative. Therefore, the statement by the publishers of the article that "applicants who already owned a home in the area would be unsuccessful" and to suggest my planning application in 2001 was not valid or did not meet the planning criteria is entirely factually incorrect and inaccurate. What was the most material factor in my planning application was that I had lived in Patrickswell for 28 years and, most importantly, prior to 1990. Also, my parents continued to live there throughout that time. I was, therefore, compliant with the criteria set out in the 1999 Limerick county development plan.

The planning application was in the name of Niall Collins, as was the site notice and the newspaper advertisement of the planning application and all my correspondence on the planning file. The planning permission was granted in the name of Niall Collins. Yesterday, I examined the full planning file at the offices of Limerick City and County Council.

All of these documents are clearly on file and are available for inspection. I learned for the first time earlier this week that an advertisement was published in the Limerick Leaderon 28 April 2001 on a planning application in the name of a Niall O’Connor. I was not aware of this advertisement before this week. The correct and only advertisement that I authorised at any time was that published in the Limerick Leaderon 12 May 2001. It is the only advertisement on the planning file at Limerick City and County Council and is clearly in my name, Niall Collins. All of this is available for inspection by anyone on the planning file at Limerick City and County Council. I am entirely satisfied that my planning application 23 years ago for my family home met the correct planning criteria and was correctly adjudicated upon.