Seanad debates

Wednesday, 23 November 2016

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

 

10:30 am

Photo of Victor BoyhanVictor Boyhan (Independent) | Oireachtas source

I wish to respond to a few brief points the Minister made. Of course we know that it involves much more complex things; we all know that. I wish to make reference to the Oireachtas Library and Research Service's Bills digest, which is fully impartial. It is an interesting document. I spoke to the Minister's officials when they were briefing us last week and they were not even aware of the Bills digest. The Senators are aware of it because it has been circulated to all of us. It makes for really interesting reading. This is a complex problem and there are many different strands needed to address it. However, it is not a new problem. I am not in the blame game. Senator Coffey would be very familiar with housing. He is an expert in it. The Senator was in government for many years and, as a Minister of State, had special responsibility for housing.

I wish to address a few issues that the Minister touched on. I absolutely agree with him on the strategic development zones. The Minister mentioned Cherrywood, which has capacity for between 7,000 and 9,000 units, depending on how it is all structured, which is really exciting. He makes a very good and valid point. However, let us not compromise, undermine or be perceived to compromise or undermine a strategic development zone that was approved by the Cabinet of the day. Ultimately, a strategic development zone must be approved by the Cabinet. There are strict criteria laid down for these zones. It went through a very long public consultation process.

The Minister can contradict me if he wants, particularly as I would be interested to hear if there is a different view. My understanding is that it is provided for in the legislation that, effectively, landowners and developers who find themselves in strategic developments zones can actually apply to vote for this fast-tracking process. I have no difficulty with that. However, I wish to lay a clear marker for any of them who are observing these proceedings and becoming excited because we cannot water down the strategic development zone objectives in any way in respect of approved zones. Of course, it is open to Government to amend a strategic development plan. That has not happened yet but it might. I do not wish to pre-empt anything. I see great potential, particularly for the zone in Cherrywood in the context of public transport in light of the fact that it is the responsibility of a local authority that built six houses last year despite having a housing waiting list with 6,000 people on it.

I wish to address two or three other issues. The Minister did not mention a waiver for planning fees for elected members regarding their engagement, in the context of this specific process, with An Bord Pleanála. Perhaps he might comment on that matter.

It would be very helpful during this process if, when he cannot deal with the amendments, the Minister might discuss - as we go through them - which elements can be covered by regulation instead of by amending the legislation. I say that sincerely. I know there is a lot of complex regulation in this area. I am delighted about the Minister's reassurance that there will be no deviation and that the board will not be permitted to contravene the development plan. That is what the Minister has said and I am delighted with his comments. There is a section relevant to that matter. Believe it or not, however, under the legislation the Minister is granted powers to contravene a development plan. He has reassured us in respect of that matter and all we can do is hold him to what he said. He has come before the House and informed us as to what is the position. I welcome that.

I wish to discuss the income that the local authorities currently receive in respect of major planning applications. The fee would be substantial if one approached a council with a plan for 200 houses. There would be a lot of planning fees attaching. Are these going to be retained by the planning authorities? The Minister might address that at some stage. There is a concern around whether these fees are going to be transferred to An Bord Pleanála. I know that it needs money to operate. The Minister spoke about strengthening the capacity of local councils. He told the joint Oireachtas committee that he had approved the appointment of additional planners, architects and engineers. However, I spoke to three local authorities in respect of which he has done this and they all asked from where the money to fund it will come. It is easy for the Minister to approve appointments but who is going to pay for them? From where will the money come? The Minister will rightly say that it is the responsibility of the local authorities. However, there are some local authorities that are not in the same financial position as others.

I hear what the Minister is saying in terms of strengthening the position of planners and providing the capacity to employ more people. There will be additional work and there has also been an upturn in the economy in any event, thanks be to God. That will create further demands.

The Minister might clarify the issue regarding local councillors. The Minister says he wants to strengthen them. No one is trying to push them out of the process. Will he consider no fee for an elected representative who wishes to make a representation, observation or comment within his or her functional planning authority area to the board? It could be a positive comment, it does not always have to be a negative one. They may not be against something but they may wish to write to the board expressing concern.

The Minister knows that it is impossible to collectively articulate the views of councillors. Councils are bigger than used to be the case. There are 40 councillors on many councils. How can the views of 40 members be articulated? A stenographer would be needed for eight hours. The record of proceedings must then has to be amended. At every council meeting, the minutes have to be brought back in order to be proposed, seconded and amended. It is a very long process and it will delay matters rather than fast-tracking them. I know the Minister does not like fast-tracking things and that occurred to me the other day. This Bill smacks of fast-tracking, however. On every second or third page, there is evidence of that. I am sorry to go on about this particular issue but I believe it is important.

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