Dáil debates
Wednesday, 14 February 2024
Saincheisteanna Tráthúla - Topical Issue Debate
Planning Issues
9:10 am
Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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The Minister of State will no doubt be aware, more than anybody, about the inordinate delays that are taking place in An Bord Pleanála at the moment where, within 18 weeks, the board undertakes through legislation to give answers to people. Sadly, there are flaws in the procedures there. I know there are staffing issues but the procedures are non-strategic and, I must say, well beyond the definition of mediocrity with regard to public service in the face of the greatest housing and accommodation crisis the State has ever had.
We need a strategic approach. I will give one example of a housing application in Sligo, which is for one three-bedroom detached house. It is on half of a site that currently has full planning permission for two semi-detached houses. It is on zoned serviced land, and would be deemed an infill site within an existing estate. The same objector who objected to the original planning permission appealed it to An Bord Pleanála with the same case, view and reasons, yet that appeal was lodged as far back as June 2023 and we were expecting An Bord Pleanála to have an answer in October. No answer came in October. It then said it would have one on 17 January - dated that day so it came to the client a couple of days later. They got a letter saying that no, it would not have it today. The board stated it did not actually know when it would have it, such is the extent of the problems there.
I will give another example, which is case No. 318241 in County Louth. That appeal was lodged was appealed on 13 October 2023 and the decision was given on 1 February 2024. In other words, that one went in after the one that I referred to, and had its decision within three and a half months. The most recent correspondence this particular case has had told them that while it does not know when, most cases are taking about 12 months.
In a week when we had the Minister for higher education quite rightly pointing out that we need all our builders to return, what we have is an overly robust and prohibitive application of processes within An Bord Pleanála that do not match the crisis we are in. As the Minister of State will know, he has powers under sections 28 to 31 that can alleviate some of these difficulties, and he quite rightly did the same in 2022 in order that we could help with regard to the Ukrainian crisis by refurbishing buildings and erecting modular homes. It is now time because it is an emergency and because the situation demands that under the measures in the Act, which are afforded to the Minister of State, we need to adopt some extreme approaches such as that where there are a limited number of units on existing zoned and fully-serviced land, they are deemed to have planning. This has been done in the past. It can be done again. It takes political guts to do it, I will tell the Minister of State that.
However, the current situation is laughable in the extreme. While there are limitations on ministerial influence with regard to an individual case - and I would not dream of asking any Minister to interfere in an individual case - clearly there is some level of selectiveness within An Bord Pleanála, when you take the case I have outlined to the Minister of State having a decision months before a single, three-bedroom detached house on zoned and serviced land.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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At the outset, I will explain that An Bord Pleanála is independent in the performance of its functions under the planning Act, and the role of the Minister for Housing, Local Government and Heritage with regard to the planning system is primarily to provide a policy and legislative framework under which the planning authorities, namely, the Office of the Planning Regulator, OPR, and An Bord Pleanála perform their statutory planning functions.
The Irish planning system is an open process and encourages participation. The Planning and Development Act 2000, as amended, upholds obligations as required under international law with regard to environmental assessment and public involvement such as third-party appeals. The open nature of the planning system means that all appeals submitted in a valid manner must be considered by the relevant planning authority, regardless of the supposed frivolousness of the appeal. Provision for the handling and consideration of appeals, where considered vexatious, is currently legislated for under section 138 of the Planning and Development Act 2000, as amended, under which An Bord Pleanála has powers to dismiss appeals where there is an opinion that it is frivolous or vexatious or has been made with the sole intention of delaying the development for the intention of securing money, gifts or other inducements. These provisions are replicated in section 105 of the now-published Planning and Development Bill 2023, which is currently making its way through the Oireachtas. We were in committee with that yesterday and will be again today.
The Bill provides for the introduction of statutory and mandatory timelines for all consent processes, including appeals and consent applications made to An Bord Pleanála.
Timelines for the board will be introduced on a phased basis starting with those for strategic infrastructure developments, including energy and transport projects. The Bill also outlines the proposed new structure for the board. The new Bill contains a number of provisions reflecting this new organisational structure and will clearly outline the separate roles of the planning commissioners who will be responsible for all decision-making regarding appeals and applications made. They will be overseen by a newly created position of chief planning commissioner. The governing board, which will be responsible for the governance and organisation – the corporate spine which will provide support to all the organisations and functions - will be overseen by a chief executive officer.
It is important for An Bord Pleanála to be sufficiently resourced to carry out its statutory functions. Since October 2021 my Department has agreed to 117 new staffing positions, 93 of which have been within the past 12 months, in the board. The board received approval and sanction from my Department for a total of 313 posts to date as of 31 December 2023. There are 254 people, including board members, working in An Bord Pleanála, more than any time previously.
More board members have been appointed than at any time previously. The total number of board members serving in An Bord Pleanála is now 15, the maximum now provided for under the legislation. Later this month, a full term chairperson, who will become the chief executive designate, was appointed by the Government, and the recruitment process for the appointment of full term board members is ongoing and is due to be completed in the first quarter of 2024.
With the increase in the number of board members and in conjunction with the significant increase in resourcing and the filling of these posts in a timely manner, An Bord Pleanála is working to address the backlog of cases that are currently awaiting a decision as quickly as possible.
An Bord Pleanála has advised cases disposed of by the board for the full year of 2023 was 3,271 cases, which is an increase of 55% from cases disposed by the year end of 2022. It is noted that the avenge number of cases disposed per month in 2022 was 176 while in 2023, the average was 273 cases. The board has also advised that it is now running simultaneous board meetings, and given that 15 board members are appointed, it is expecting to hold board meetings in both the morning and evening to progress decision-making on cases.
9:20 am
Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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It is not personal but the parrot-like responses that have been prepared for junior ministers to come into the House are totally unacceptable. I have been in the Oireachtas for 22 years. I know what An Bord Pleanála does. The Minister of State started by talking of its independence and then he spoke better than any communications company procured by that company. He did not listen to anything I said about the tangible issues that are going on day to day with An Bord Pleanála’s strategic operation. It is not fit for purpose. It is paralysing the State. This is the objection that it has already adjudicated on, namely, that this proposed development is at the end of a cul-de-sac and there might be a difficulty turning cars. It has already adjudicated on this. To send an inspector to a nimbyistic objector like this is the biggest waste of state resources ever. The Minister of State has just described another layer of commissioners and CEOs and officers and inspectors and administrators so the administrative merry-go-round and waste of public money can be exacerbated while we make more people homeless and load people in through the ports and airports. It is about time for an element of common sense. The Minister of State said the Government is independent of this. The Government is to govern. People need housing. I have given the Minister of State tangible examples of why the system is not working and why a desktop exercise on this appeal alone could decide that it is absolutely nimbyistic and vexatious and that as the board has been at this site previously, there is no need to go back for the same issue. I gave the Minister of State the planning number for the case which went in months after the one I referred to in which there has been a decision already. While I know it is not a Minister because that would be illegal, somebody in An Bord Pleanála is obviously selecting. He or she is saying, if you like, that he or she will do the Minister of State's application now and will leave MacSharry until last. I should have a more wholesome response based on the Minister of State’s own common sense, rather than rhyming off this parrot-like response, which was probably prepared in An Bord Pleanála.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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l am not going to comment on specific cases and nor do think that is appropriate
Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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I did not ask the Minister of State to.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Nor do I think it is appropriate to bring specific case numbers into the House.
Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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I did not ask you to.
Catherine Connolly (Galway West, Independent)
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Deputy, please.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I do not think it is appropriate.
Marc MacSharry (Sligo-Leitrim, Fianna Fail)
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The Minister of State does not set Standing Orders.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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As I outlined in my opening statement, a root and branch reform of our planning system is under way through the new Planning and Development Bill and the provision of significant additional resources to and reform of An Bord Pleanála, which I think has been welcomed by everyone in this House. The statistics speak for themselves with the numbers of case files being heard and deliberated upon. That is absolutely vital and essential given where we with the development of the country because these decisions have to be made in a robust way that is fair and balanced, taking into account all environmental considerations as well. That is hugely important.
I would appreciate it were the Deputy to stay for the response.
Catherine Connolly (Galway West, Independent)
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I ask the Deputy to stay for the Topical Issue matter.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I ask the Deputy to stay for the response.
Catherine Connolly (Galway West, Independent)
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He is not listening. It is okay.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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In conclusion, I have given my reply to the Deputy. It is disingenuous that he walked out while I was speaking. That really is disingenuous of the Deputy while I am here addressing a question that he bought here. I have given my reply to him and that is the end of that.
Catherine Connolly (Galway West, Independent)
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I would like to say that Topical Issue slots are fiercely fought for and lots of people put in applications. In my role as Leas-Cheann Comhairle, I have been there myself trying to pick them. We desperately try to be fair and just. To walk out when your Topical Issue is picked and being answered is not acceptable.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I agree with that. It is disgraceful.