Seanad debates

Wednesday, 23 November 2016

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

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I would like to speak briefly in support of the amendments and join Senator Colette Kelleher in giving a sense of from where they are coming. We spoke earlier about strategic housing development and strategic planning. Demographic planning must play a vital role in that strategy as we move forward, given that 18% of citizens will have a disability at some point in their lives. We should recognise that universal design serves, fits and facilitates the use of homes by people of all ages. This family-friendly approach gives people, as they grow older, the option of spending all of their years in their own home without being moved. We have an opportunity to get it right from the beginning in order that we will not have to depend on adaptation grants. I know that the Government has stated its intention to ratify the UN Convention on the Rights of Persons with Disabilities. If these measures are to move forward, they really need to be reflected now. We do not want to have to try to retrofit the legislation afterwards to ensure we are meeting the highest standards and our commitment to the rights of people with disabilities.

I would like to spell out what our intention is in proposing these three important amendments which we hope the Government might take on board. We have tried to identify three points in the process. The Minister might say these factors are already taken into account, but it is important for them to be set out and enumerated explicitly in order that the information will be given.

Amendment No. 8 seeks to ensure a developer who is proposing to build a development woud have to give An Bord Pleanála information on "what percentage of the proposed development will meet the definition of 'universal design' as set out in section 52 of the Disability Act 2005". In addition, it proposes that developers would have to set out their "plans to ensure the accessibility of any proposed development to amenities and services". We have included this because we consider it is the kind of thing that could fall by the wayside if it was explicitly provided for in legislation. We want to ensure the plans fit in with the wider strategy on social inclusion.

In amendment No. 9 we are proposing that "considerations, related to sustainable development, universal design and accessibility to services as set out in section 52 of the Disability Act 2005" be included in the information provided by a developer for An Bord Pleanála.

Amendment No. 15 is crucial because it proposes to amend section 9 by requiring An Bord Pleanála to consider and take on board "an assessment of housing needs of people with disabilities in the relevant area, and whether the level of universal design set out in the proposed development will appropriately increase the available housing stock for people with a disability in that area, with due regard to the Disability Act 2005" when it is deciding on planning applications under this legislation. I know that we are not yet considering section 9, but it is my understanding these amendments are being discussed together. It may seem like we are proposing an additional obligation or responsibility, but I suggest it is very much in line with the Government's existing commitment to ratify the UN Convention on the Rights of Persons with Disabilities and, therefore, appropriate to be set out as one of the considerations. We might not have an opportunity to debate this proposal in detail when we reach section 9.

I urge the Minister to ensure consideration of universal design will not simply be a box-ticking exercise when applications are made by developers. We want to provide that those assessing such applications have a responsibility to give due consideration to the extent to which housing proposals meet the needs of real people with disabilities who comprise almost one fifth of the population. The amendments would ensure developers and those assessing development applications would know they had this responsibility, as set out in the legislation. I hope the Minister will support both parts of this two-part process. If those making applications know that the level of universal design will be considered when determinations are being made on the success or otherwise of their applications, they will take seriously the requirement to include detailed information. I urge the Minister to consider accepting, or working with, the amendments at both stages in the process.

I would like to make a final point about the amendments. They follow on from a motion on housing and disabilities which was proposed by the Civil Engagement group and passed universally by the House. I know that the Minister took part in that debate. This is not an issue to which we are coming for the first time. We are trying to be consistent with the commitment that was underscored by all Senators to ensure the right of people with disabilities to have their housing needs met will be a central and mainstream aspect of our approach to this issue. I appreciate that additional measures might be put in place. Given that we are talking about large-scale developments of 100 units or more, it is possible that the landscape will be shaped for many years to come by the planning permissions that will result from this process.We want to ensure we are not simply seeking an addendum later but building it in from the beginning.

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