Seanad debates

Wednesday, 13 June 2018

Planning and Development (Amendment) Bill 2016: Report Stage (Resumed)

 

10:30 am

Photo of Damien EnglishDamien English (Meath West, Fine Gael) | Oireachtas source

I will address the Opposition amendments Nos. 26 and 27 together, as tabled by Senators O'Sullivan and Boyhan, respectively.

Both amendments have the same overall objective of the initiation, at the behest of the elected representative of the council, of a process for the variation of the local development plan or local area plan by way of a resolution adopted at a council meeting. We have had some discussions around this proposal over the past months as the Bill has come through the Houses. There is a lot of merit in the amendments and everyone here has spoken in favour of one or other of them.

Senator Grace O'Sullivan gave a good explanation of an example of why her amendment is needed. Other Senators spoke about increasing transparency and giving more ownership of development plans to local authority elected members. I have also spoken with Senator Humphreys on it.

Local councillors own their local area development plans and a lot of work goes into them; nights, days and weeks of work. Councillors should be able to own the plan right through the process. It is about putting down a process that does not abuse the ownership, or where one person will not take up a lot of time with unnecessary amendments or variations after councillors have gone through all the work. I am conscious that in some cases 30 or 40 councillors can put in a lot of work and if the process allows one or two people to step in with variations one week later it would defeat all the work that had been carried out. This was the concern of the Department. We want to define a process that allows for ownership and the ability to make the changes for necessary variations, but not lose all the work that has already gone into a plan, so the plan is copper-fastened for the following five years or so. A development plan cannot have changes every week.

While I accept the importance of both amendments, and the intention behind them, amendment No. 27 as proposed by Senator Boyhan is probably the amendment preferred by the Department. It is more balanced and developed. It also contains more detail on the process to be followed by the elected members in proposing a possible variation of a development plan, and by the council executive in responding to the variation proposal. We have the copper-fastened approach that suggests 75% of elected members must approve the resolution and that the local authority and county manager have to come back to consider it. Perhaps Senator Grace O'Sullivan will agree that amendment No. 27 is a more teased out amendment. Both Senators want the same provision.This is an amendment we can support and accept. There are perhaps other ways of doing it, but if Members wish to accept such an amendment, it is not something we will oppose.

Amendment No. 27 in the name of Senator Victor Boyhan effectively proposes to amend section 13 of the principal Act to provide that the members of a planning authority may at any time for stated reasons submit a resolution to the manager of the planning authority requesting him or her to prepare a report on a proposal made by them to initiate a process to consider the variation of a development plan, which for the time being is in force and where three quarters of the members of the authority have adopted such a resolution. The reference to three quarters of the members of the authority is important. If we are to have this change, it is something that can be reviewed and monitored to see whether it is working or being abused. I expect that for the most part it will not be abused because most councillors want to do their job correctly. It is good logic to include the reference to three quarters of the members of the authority.

The amendment further proposes that the manager of a planning authority submit a report further to such a variation request to the elected members within four weeks of the adoption of the resolution. While I consider that the matter could potentially be dealt with by way of a department circularal - a point I made clear previously - and that we do not need to include the measure in legislation, because I sense a desire in the House to do it, I do not have any objection to it. The Department has no objection in principle to the proposed legislative amendment as it will strengthen the role of elected members in proposing variations to development plans, thereby giving them more powers than they currently have in that regard, as well as greater ownership of and responsibility for their own development plan. We want to get more people involved.

Furthermore, the proposed amendment is well balanced and has appropriate checks and balances in place, whereby any variation proposed by a councillor must have the support of three quarters of the elected members of the council before the executive will have to examine it. Therefore, an elected member cannot submit a development plan variation on a whim or without having the necessary 75% support. I ask councillors to use this power wisely and not to abuse their own work because a lot of work by people in all parties goes into a development plan and having it finalised. If the amendment is accepted, I hope subsequent reviews will show that it has been well used and not abused.

The chief executive is required to prepare a report on the proposed variation within four weeks of the acceptance of a resolution. If he or she considers the proposal is not justified, he or she is required to outline his or her reasons for not initiating the variation process in the written report to be submitted to the elected members. These arrangements are in line with the principle of increased transparency, something we have discussed here in recent years following on from the recommendations of the Mahon tribunal to increase transparency, as well as responsibility in planning matters. The arrangements are in line with that approach and will provide for greater transparency in the development plan process, something we all support in the context of the planning code.

Moreover, the right to formally initiate the process to vary a development plan will remain an executive function, but at least now with this legislative amendment elected members will have the right to make proposals in the consideration of a proposed variation to a development plan which, as I have outlined, is a power they have not had up until now. Accordingly, Senator Vicotr Boyhan's amendment is positive in enhancing the powers of elected members in the local government system and, therefore, one I can accept and support in the circumstances, if the House also agrees to it. It is probably the better of the two amendments, but I understand both are coming from the right agenda. Members probably worked on them together in the past. If that is what the House wants to do, we will not oppose the amendment.

In response to the issues raised by Senator Paudie Coffey, what he said makes good sense. He has made the practical suggestion that we find better ways to deal with transboundary issues. He referred to Waterford and Kilkenny. I have seen it myself in County Meath in the case of Drogheda and the border with County Louth. It is also evident in Athlone in the boundaries with counties Roscommon and Westmeath. We are trying to find better ways to make decisions on planning and other issues in border areas, especially where the boundaries of cities and towns cross two jurisdictions. A line on a map should not result in bad planning. We want to find ways to deal with problematic issues. The planning Act allows for co-operation and Senator Paudie Coffey suggested it become mandatory. He is probably thinking along the right lines. I do not disagree with his proposal, but I do not think we need to do it in this Bill as a local government Bill is due to be brought before the House in the near future. The Department will examine the issue to see whether we can deal with it in that context. The logic of the approach suggested to be taken is correct. I expect everyone here agrees with it also.

We should do whatever we can to provide for better planning in towns and cities. Apart from having legislation to allow for and encourage co-operation, we will consider strengthening it to introduce a mandatory decision-making process. The funding that underpins the ambitious plans outlined in Project 2040 will encourage co-operation and best practice. That sends the message to local authorities that they must work together on good initiatives in their border areas and urban centres that need development and that they will then be able to draw down funding. It is a carrot and stick approach. Senator Paudie Coffey has suggested we all recognise the carrots with the funds given that there is a lot of money in the pot, but perhaps a bit more stick is also needed. We need a bit of both. The best way to have good planning is by bringing everyone together. I will undertake to examine the matter in the forthcoming Bill and the local government review.

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