Seanad debates

Tuesday, 18 July 2017

Planning and Development (Amendment) (No. 2) Bill 2017: Second Stage

 

12:00 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim céad fáilte roimh an Aire Stáit. Ag deireadh na bliana seo caite bhí muid ag déileáil leis an mBille um fhorbairt tithíochta. Bhí muid deireanach go maith sa mbliain agus dar liom féin gur cuireadh i bhfad an iomarca brú ar an mBille a ritheadh roimh an Nollaig. Feictear dom go bhfuil an fhadhb chéanna againn leis an mBille seo. Ní bhfuair muid féin ná ár gcomhgleacaithe sá Dáil dóthain ama le dul tríd na hathruithe uilig ar an bpríomhacht.

I welcome the Minister of State but I have concerns about the way the Bill is being rushed through the Houses. I do not believe this is the way to do business. My colleagues in the Dáil and I are deeply frustrated by the lack of time to scrutinise and examine the complex planning issues in the Bill. We are dealing with a Bill that seeks to close a loophole in the legislative process which could put a stop to planned developments or developments already underway. Therefore, ample time should always be given to legislation seeking to close a loophole in order to ensure that another one is not opened. When this legislation was before the Dáil, Deputy Ó Broin wrote to the Minister to ask whether he and his Department were aware of individual developments where house construction might have to cease because of this legislative difficulty. After The Sunday Business Post reported that approximately 75 developments could be affected, Deputy Ó Broin again wrote to the Minister to repeat that simple request for information. It would have been valuable to share said information with Members of the Oireachtas who, after all, are dealing with an already highly complicated planning and development environment. I understand that at least two social housing developments, one of which is being progressed by Túath Housing, could be affected. If the Minister is asking us to take him at his word while working through the legislation in this way, it would have been fair for him to share the information held by the officials in his office.

It is my understanding that there is a problem with the process relating to the first extension of planning permissions. When extensions are sought, there is a sense among elected representatives and third parties that, in many local authority areas, it is a rubber-stamping exercise. Where substantial changes have happened in a development or in the environmental circumstances, it is very difficult for people to influence and engage in the first extension period regardless of whether the developer is responsible for the delay or has a bad track record of completing existing parts of a development.

The intention is to ensure that if a developer is on site and only has a couple of months left but needs a year or two years, the development will not be stopped. However, as the Bill is currently drafted, someone could commence a development, for example, put in the foundations, to a significant degree and then pause or sit on it for a while. With house price inflation at 10%, it may be better for the developer to leave it for a period. There is a real possibility that a rogue or greedy developer, as opposed to the genuine developers this Bill is trying to help, could avail of this extension and meet the criteria to benefit from one year, two or three years of additional house price inflation. Will the Minister of State indicate the safeguards that are in place to ensure that this will not be abused? How can he be sure that people will not seek extensions merely to play the market? I am concerned that endless extensions granted across the State would lead to extended delays and increased house prices. A Sinn Féin amendment was accepted in the Dáil in respect of this matter - namely, that developers must provide a reason as to why an extension to a permission is being sought - and I would like to hear from the Minister of State that the Government will follow up on it.

This is the second time we have dealt with fast-tracking legislation that is primarily for the benefit of private housing developments. There is a desperate need for the Department to come back with a similar set of proposals to fast-track social housing developments. The 18 to 24-month approval and procurement process is slowing the pace of social housing delivery to a level that is unacceptable.We are being told of the urgency of fixing this problem, but there is a huge problem with the State's delivery of social housing. It is taking far too long, and the measures introduced by the former Minister are not having the desired impact on the ground or in speeding up the four-stage process. We need legislation that will ultimately move us from an 18-month or 24-month approval process to a six-month or nine-month one-stage process. This would be eminently deliverable without compromising on standards or on the quality of accommodation.

Ar an mór-chuid, cuirim fáilte roimh an mBille seo ach caithfimid uilig béim a chur a thógáil tithíochta sósialta. Má tá an tAire chun reachtaíochta a bhrú tríd na Tithe go tapaidh, caithfidh sé gach eolas atá aige a thabairt dúinne mar Bhaill de na Tithe.

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