Seanad debates

Wednesday, 14 July 2010

Planning and Development (Amendment) Bill 2009 [Seanad Bill amended by the Dáil]: Report and Final Stages

 

2:00 pm

Photo of David NorrisDavid Norris (Independent)

The idea that because one is born on a particular patch of land, all of one's extened family have the automatic right to live there is absolute nonsense. Reference has been made to the flight from the land and the desperate efforts made to bring people back. If a family has ten children, should all ten have the right to build on its land? Can they sell that right? This is complete nonsense and arguing to the contrary is a vote getting exercise. Senators should not tell me they are representing rural Ireland. My family is only one generation in this city. For the previous 2,000 years they lived in the bog. Therefore, I know as much about bogs and rural living as anybody else in this Assembly.

I have reservations, but we should be flexible. If there is a clear and defined relationship between an individual and a family on whose land he or she wants to build, the case should be considered with sensitivity. However, I have never believed in an automatic right. I also deprecate the idea that certain areas can be closed off such that only people from these areas are entitled to build or buy houses there.

If I can detach myself from the Joint Committee on Foreign Affairs, I look forward to returning to the House to discuss section 33. If I cannot, I suggest the Minister of State consider the reservations expressed about it. In particular, it has been suggested the cumulative effect of the provisions could be such as to reduce the capacity of the public to challenge important planning decisions. This relates to charges and whether legal fees should be paid. I hope I will have an opportunity to return. If I do not, I will pass on my briefing document to the Minister of State, as this is an important matter. I know him of old and he is in favour of the widest possible public consultation on these issues. My briefing document suggests that, although the Government is seeking to implement a European directive, the public should be able to seek a judicial review of important planning decisions in a process that is required to be fair, equitable, timely and not prohibitively expensive. With the best will in the world, the Government might not have achieved this result. Therefore,I hope I will have an opportunity to return to make my points, to which the Minister of State may have an answer. If I do not return, I hope I will be excused and not considered rude. I will pass on the points I wish to make to the Minister of State by letter.

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