Seanad debates

Wednesday, 4 November 2009

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

 

1:00 pm

Photo of Donie CassidyDonie Cassidy (Fianna Fail)

I welcome the introduction of the Planning and Development (Amendment) Bill 2009. I shall address specific sections of the Bill before making more general observations.

Section 7 recommends that material amendments to county development plans require the support of two thirds of the total number of councillors as opposed to a simple majority. As this will involve two thirds of all local authority members rather than of those who are present, I suggest that a simple majority should apply to the making of plans. However, I agree that a majority of two thirds should be required for variations to or contraventions of a plan.

Sections 14 to 16 strengthen the status of regional authorities in the preparation of county development plans. While it is acceptable for regional authorities to make submissions regarding the preparation of development plans, the final decision must rest with local authority members. It is the Minister's intention to allow a regional authority to insist that local authorities act in accordance with its recommendations when plans are prepared or amended. The status of regional authorities must be clarified to ensure the powers of local authority members are not diluted.

Section 20 provides that a planning authority may refuse planning permission where an applicant is substantially non-compliant with a previous permission. The intention of the section is well-founded but how will it deal in practice with an applicant who applies for planning permission in somebody else's name or where a new company with the same directors as a non-compliant company is established to make a new application? It is simple at present to avoid the implications of this section.

One of the most important provisions in the Bill is the extension of time for existing planning applications, especially given the current credit and financial constraints faced by young couples. If a young couple's planning permission runs out over the remaining months of this year, will they be covered in terms of extending the five-year period? I commend the Minister on this extension which allows people time to breathe. Where somebody has already gone to considerable time and expense in making a planning application, would he or she qualify for an extension from a local authority?

In the counties surrounding Dublin and other cities, rural villages which originally had populations of only 400 people — I have in mind a village in my own county — may have been expanded by several hundred houses. New schools are required in many instances. The bishop in my county has very generously provided a site for a new school free of charge but funding is required from the Department of Education and Science. Developers who in the good times sold properties for high prices should pay a ring-fenced development contribution to the infrastructure needs of the additional population. Planning fees could include provisions for building extra classrooms in existing or new schools. They could also address demands for community centres. In most areas, community centres that have been built with funding and support from the national lottery would be in serious trouble were it not for the Gaelic Athletic Association. A development charge should be levied to fund community centres. Without a place to communicate, young boys and girls will not have anything to do. Community centres are also used for other purposes, including meetings for parents.

Once a sewerage scheme is completed in a village, there is nothing to prevent development and developers will appeal refusals to grant planning permission to An Bord Pleanála on that basis. Everyone is then allowed to build 50 or 100 houses. While County Westmeath has not experienced the same level of excessive development as County Meath and other counties closer to Dublin, over-development had commenced in towns such as Kinnegad and Killucan. In Rochefortbridge, hundreds of houses were built despite the fact that the town did not even have an automated teller machine, ATM, to allow people to withdraw cash using their bank cards. Local people expect the Departments of the Environment, Heritage and Local Government and Education and Science to fund the necessary support services. While we should acknowledge that developers have made a significant contribution to the economy in the past 20 years, they should be required to make a contribution towards funding schools and community centres in areas under development.

On the proposed area plans, I accept that the national spatial strategy hubs and gateways should take precedent for development and welcome provisions on areas with populations of up to 2,000 and 5,000. However, I also support the right of sons and daughters of local people to build a one-off house in family plots or gardens, many of which are one acre sites provided with council cottages. Permitting such development allows people to be close to and look after their parents in the later years of life. In return, the parents baby-sit and mind their grandchildren during the working day. This makes for good, wholesome family life in rural areas. We must ensure nothing interferes with the rural quality of life to which we, in rural areas, have become accustomed. In the main, I welcome the Bill and seek its passage through the House. I thank the Minister for introducing it.

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