Seanad debates

Wednesday, 28 October 2009

Planning and Development (Amendment) Bill 2009: Second Stage (Resumed)

 

12:00 pm

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)

I welcome the Minister. I sympathise with and congratulate him on his party's acceptance of the renewed programme for Government at its recent conference. After two and a half years in government, it is time for the Green Party to allow us to clean up the mess that now exists. I appreciate that the Bill represents an attempt to start the clean-up of the planning sector. I am concerned that this legislation unfairly blames councillors for the woes and ills of the sector. Members of county and city councils have served those who elected them well by representing their interests.

At its core, planning must be about the people. It must be driven by a desire to create new and better communities for the people. To use a new buzzword that has recently emerged in the Irish lexicon, such communities must be sustainable. I welcome any attempt to create accountability in the planning process. To borrow an old cliché, it is time to provide for openness and transparency in the interaction between planners, councillors, other public representatives, land owners and developers of all scale and denomination.

I was worried by the Minister's reference to the need for a two thirds majority if development plans are to be amended. Like Senator Coffey, I am afraid that this proposal will give significant powers to a small group of people who may use their influence badly throughout the planning process. Senator Bradford referred to the need for substantial change in the scale of design guidelines. People must be helped to operate within such guidelines. There has been significant development in my local area of Bishopstown, just as there has been in many parts of Cork. A development on Curraheen Road is a great building in the eyes of the planners, but some of us do not agree. Design guidelines need to be issued.

The Minister knows better than anybody that An Bord Pleanála needs to be reformed. I question the regulation that allows the board to overturn a decision or recommendation that has been issued by an inspector who has made an evaluation and produced a report. I am familiar with cases in Cork in which the board wrongly overturned inspectors' reports. While I agree that An Bord Pleanála needs to be reformed, I am a little worried about the Minister's plans for it.

I will support the Minister if he tackles properly the huge issue of the taking in charge of housing estates. As a consequence of the failure to take vast housing estates in Cork South Central in charge - I deliberately refer to estates that are new and not so new - developers have been able to get away with unfinished business. Local authorities have said they cannot do anything about issues such as public lighting, traffic calming, footpath renewal and road surfacing because these estates have not been taken in charge. It is important that we examine this issue and take on board people's concerns.

This is a timely debate in the context of the whole planning process. I am glad we can now make planning work for people. It is important that we say to developers and councillors that permission for developments cannot be given unless community facilities, such as pitches, playgrounds, roads, lighting and traffic calming, are put in place in tandem with such developments and are completed prior to the handing over of such developments and their putting on general sale. Many urban jungles and concrete sprawls have been created in this country. Houses and apartments have been built across vast parts of Dublin without accompanying amenities or infrastructure.

I ask the Minister to examine how the development of certain institutions, which are necessary aspects of community living, is planned in urban areas. He might be familiar with the manner in which the growth of Cork Institute of Technology, University College Cork and Cork University Hospital, to cite three specific examples, has led to significant frustration for local residents. It can be difficult for local people to find on-street parking or avoid traffic congestion. The residents of Bishopstown estates like Uam Var and Melbourn cannot get in or out their gates because people are choosing to park on the road rather than in the CIT or FÁS car parks. The motorists in question are not breaking the law. We have allowed institutions to develop in the absence of ample infrastructural development, such as car parks and park and ride facilities.

As Senator Glynn said on the Order of Business, the issue of enforcement needs to be examined in the wider context of the environment. It is fine to talk about increased efficiencies within An Bord Pleanála, but we should also concentrate on the enforcement of planning decisions by local authorities. This Bill is like the curate's egg - parts of it are good and parts of it are not good. I am frustrated about the dilution of the power of local councillors who have served us well.

The Minister mentioned that members of Fianna Fáil, Fine Gael and the Labour Party have received money from developers. I assure him I have never received a brown penny from a developer. I fought developers when I thought they were wrong. My strong history of constant opposition to unsustainable development in Cork city that does not create a better community has cost me votes among some people. I have an open mind on this Bill. Parts of it are wrong. I commend the Minister on taking this initiative in the first instance. I hope we can change the Bill to make it better.

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