Seanad debates

Wednesday, 16 November 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016: Second Stage

 

10:30 am

Photo of Paudie CoffeyPaudie Coffey (Fine Gael) | Oireachtas source

We also like Senator Victor Boyhan and enjoy his contributions which are positive and proactive, as are those of many other Senators.

It is important that we continue the debate on housing because it is the number one issue in the country. I acknowledge the presence of the Minister in the Seanad. He has come to the House on a number of occasions and is here again to afford the Seanad the privilege of commencing this important legislation. This debate gives us all an opportunity to express our views on behalf of those we represent, whether we agree or disagree with the Bill. I look forward to further engagement with colleagues and the contributions of other speakers.

There is no doubt that the Minister has made housing a priority. This is reflected not only in words, as set out in the Rebuilding Ireland programme the Minister announced and published, but also in the budget allocation provided for the various housing initiatives to motivate and kick-start social and private housing nationwide. We all agree that there is a housing crisis which has not come as a surprise, given the economic crash of unprecedented proportions we experienced. It also requires unprecedented responses and emergency interventions and legislation is sometimes required to make such interventions effective.

The Bill is timely. I note the Minister's comment that the time required to pass it will impact on many of the large-scale housing schemes we badly need in larger urban areas. The programme sets high targets for increasing the number of housing units. The Government wants to double housing construction and achieve a target of at least 25,000 new housing units per annum by 2020. For want of a better expression, we cannot allow the grass to grow under our feet. We all know what the problems are and are all good at advising others on them. They came about because we have a dysfunctional housing market, builders went bust and barriers were erected to prevent access to credit. An urgent and quick response is needed. I acknowledge that the legislation is an urgent response to fast-track large-scale housing in areas where it is most urgently needed, namely, the larger cities, primarily Dublin and Cork, as well as some other larger urban centres. Having listened to Senator Jennifer Murnane O'Connor, as a Senator from Waterford, I sympathise with much of what she said. Nevertheless, the current planning process is sufficient to deal with housing provision in rural areas and smaller urban centres. The Minister will correct me if I am wrong, but I understand the legislation is focused on areas where there is significant pressure and high demand for housing. While I do not doubt that there is demand for housing in Carlow, Waterford and other areas, the focus of the Bill is on areas where the pressure on housing is intense and affects not only those who do not have a house and those on the housing list but also the wider economy. I refer, for example, to the need to provide student accommodation, family homes and apartments for people who work in the cities.

The viability and cost of housing, from concept through design to construction, are also issues that need to be addressed. The Housing Agency is working on a programme to make comparisons and identify where efficiencies can be built into the process.

The Bill impinges on a number of important areas, the most notable of which is, as Senator Victor Boyhan noted, the streamlining of large-scale housing. The Minister has noted that the Bill makes an amendment to the Residential Tenancies Act to provide that the sale of estates of more than 20 units will be made conditional on tenants remaining in situfollowing purchase. This is an important change which will help to alleviate some of the pressures in the housing market.

I also welcome some of the measures on the Housing Finance Agency which will be allowed to provide loans for higher education institutions, subject to scrutiny. This is providing another leg of the stool, one which will enable the institutions in question which know best what the accommodation needs of students are to put in place plans and programmes to construct student accommodation. This measure will also help to alleviate the problem.

Local authority members are close to people on the ground because they deal daily with issues raised by constituents related to housing and other matters. I acknowledge the primacy of the local area and county development plans which are the blueprint for all developments. Local authority members have a reserved function in this area which will not change under the legislation. As the Minister indicated, it is unlikely that any application will be considered unless it applies to zoned lands. By adopting a local area plan or a country development plan, local authority members are making their intentions clear in respect of housing developments in their respective local areas.

The legislation provides that local authorities are required to give an opinion to An Bord Pleanála on applications. I ask the Minister to give some assurance that local authority members will be involved in this process, either by receiving a report on the opinion from the chief executive or director of planning or by having an opportunity to express a view on it. This would alleviate some of the concerns expressed by councillors. The Minister has met many councillors and representatives of the Association of Irish Local Government to discuss the legislation and other housing matters. I ask that some linkage be made between local councillors and the opinion submitted by the executive of the local authority to An Bord Pleanála. It is important to keep the democratically elected members of local authorities in the loop.

If passed, the Bill will assist developers in fast-tracking large-scale housing projects. On the other side of the coin, if developers secure permission through this process, they should be required to commence construction within a specified period. I am aware that interventions such as the imposition of a vacant sites levy are being made to prevent land hoarding and stop people from sitting on planning permissions in the hope prices will rise. There is a legitimate concern that if developers take advantage of the fast-tracking process, the purpose of which is to benefit society through the provision of housing, they should be required to commence the relevant schemes within a certain timeframe.It will give further reassurance in the best interests of society rather than in the best interests of the developer.

Concerns have been expressed to me over the review process. If somebody objects to a development obviously they go through the normal channels and object to An Bord Pleanála but if a decision is to be appealed it is by judicial review. A simple layman's guide should be provided for any member of the public who may want to proceed to judicial review so that they do not feel that just because it has to go through the courts process they are being excluded from bringing what they might feel is a genuine appeal to a further hearing. Some assistance is required to show the way for people who may wish to bring a legitimate appeal through the court.

I welcome the Bill, which contains a sunset clause limiting the time. It is an emergency period of time and we need emergency responses.

I was involved in this when I was a Minister of State in the Department of the Environment, Community and Local Government. I welcome the consent process around the EIA screening where floods happen. When flooding happens on a person's property, the amount of bureaucracy in terms of permits, waste licences and planning permission before they can actually repair a riverbank excludes people from carrying out essential works. This process will fast-track a consent process that has buy-in from all the stakeholders and give people permission to put those banks back in place to protect their properties.

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