Terry Leyden (Fianna Fail)

I welcome the Minister of State, Deputy Finneran, who is responsible for housing. It is interesting that we were both on Roscommon County Council dealing with planning issues and county development plans. It is nice to be discussing today a new Bill that incorporates many measures which I believe will be supported by most Members of the House. Given the involvement of the Minister, Deputy Gormley, and the Minister of State, Deputy Finneran, I believe that where there are reasonable requests for amendments, there is no reason they will not be considered seriously in the House.

The Minister and the Minister of State have developed their Department very well. Deputy Gormley, as leader of the Green Party, is achieving a lot within the Government and would not achieve much out of it. That he is Minister for the Environment, Heritage and Local Government is an indication that the trend will continue. We all hope the Green Party-Fianna Fáil Government will continue with the support of the former members of the Progressive Democrats and other Independents. The Government is facing very serious difficulties but it has the capacity to deal with them led by the Taoiseach.

I circulated to all councillors nationally a request for their input into the Bill and received quite a number of submissions. I am not being personal in stating Councillor Orla Leyden sent me a very detailed document on the issue based on seminars she and I attended and further meetings with councillors. Councillors regard the issue as very important and have expressed reasonable and very well researched opinions on the legislation.

The Minister of State is aware that broadcasting masts should be located at least 100 m from a residence and 500 m from a school, for example. At present there is no such legal provision. This provision is mainly included in county development plans but is not referred to in any planning Act as such. It remains a local preference rather than national policy, which is why Roscommon County Council turned down the application for the erection of a mast at Oran outside Roscommon. It was to be located 13 m from a residence, contrary to the policy outlined in the Roscommon county development plan that stipulates masts should be a minimum of 100 m from a residence. An Bord Pleanála overturned this decision because of the national policy to roll-out emergency services Tetra radio infrastructure. There is nothing in the planning Bill stipulating the minimum distance from a residence. That is why the Bill presents an opportunity for the Minister to consider the whole question of broadcasting masts. We accept there is a need for infrastructure but it does not really suit to place masts beside private dwellings, schools and hospitals.

We could consider the circumstances that obtain where an individual continues to apply for planning permission after being turned down. I believe there is a provision in the Bill in this regard which should be examined very carefully.

Many Senators have commented on section 23 which is very worthwhile, particularly in the present climate. It inserts the following phrase in the principal Act: "On application to it in that behalf a planning authority shall, as regards a particular permission, extend the appropriate period by such additional period not exceeding 5 years ...". This is an essential provision. The Minister of State has been very conscious of this and has made submissions thereon. He has heard many cases on the matter.

The provisions are very open and it is up to a local authority to make a decision based on the merits of individual cases. The Bill is urgent and Committee Stage should be taken very quickly. While we can debate all the issues involved, we cannot afford to spend too long on Committee and Report Stages because the Bill must be considered in the Dáil as quickly as possible and passed. Consider the case of applications being finalised and in respect of which the five-year period in which work should commence is due to end in December, for instance. I have advised clients that they will have to make substantial efforts to ensure work is commenced on their sites before that month. The Bill refers to the circumstances that will obtain if substantial work has been commenced before the expiration of the appropriate period sought to be extended. This should be examined very carefully. It is a well worded section of the Bill and there is not much room for many amendments thereto.

Will the Minister of State indicate the timeframe for consideration of the Bill in the House? If it is debated for a very long period, people could be affected detrimentally.

Section 31 deals with the taking over of estates through a majority of the qualified electors who are owners or occupiers of the houses involved. This could be a retrograde step as the people living in an estate, and long-term residents in particular, should have a say. Landlords may not necessarily have the same involvement in an area as some tenants, so that issue should be considered.

There is a proposal to amend the current exemption given to forestry development, when the development is providing, maintaining or improving a road which is not a public road or is providing access to a public road. Where the road serves forestry and woodland, planning permission will now be required.

There is also a question relating to zoning, with section 6 dealing with types of submission or observations regarding review of a development plan. Some councillors have expressed views on that. Sections 7 and 8 deal with rural housing, which is very important. The Minister of State, Deputy Finneran, has been very supportive of housing in rural areas, as he comes from a rural area himself. I come from Castlecoote and there have been tremendous developments there of one-off housing in rural areas. The Minister of State has seen his area going down over the years but now many houses are being built which bring families into the area and have kept schools and shops open etc.

A balance is required but my experience in general with Roscommon County Council has been particularly good. It takes each case on its merits. Where developers have not completed or carried out their duties in a development, their permissions will have to be refused. There is a provision in this Bill where developers have not completed their developments or carried them out properly.

There is opportunity in getting this Bill through the Oireachtas. Generally, many amendments are proposed or even required. For example, some people have concerns about the quorum for An Bord Pleanála being reduced to two members, as they feel it would be a better approach to have three people as a quorum. That is a matter of judgment. The taking in charge of estates is very worthwhile, and we have fought such cases locally and been successful in having estates taken over by the local authority. It is essential for estates to be taken over by local authorities and in fairness to our own authority, where residents have indicated their majority support for taking over estates or where councillors have made a case on their behalf, it has been done.

I commend the Minister, Deputy Gormley, and the Minister of State, Deputy Finneran, on this vital legislation. Section 23 is the kernel of this Bill because as a result of the current economic downturn, developments may only go ahead in two years when the economic climate improves. The officials can check this but I believe that where people have paid contributions, they will not have to renew that contribution for planning permission; in essence, what was paid as a planning charge will stand. This will allow developments to take place when economic circumstances change.

This is a very pragmatic view taken by the Minister of State, the Minister, Deputy Gormley, and the Government. I appeal to all sides of the Houses to allow this Bill go through as quickly as possible. There may be minor amendments and other issues can be dealt with in further legislation. This legislation deserves the full support of the House and I commend it to the House. I thank the Minister of State for coming here to listen to the views of Senators.