Seanad debates

Wednesday, 25 November 2020

Planning and Development Bill 2020: Second Stage

 

10:30 am

Photo of Rebecca MoynihanRebecca Moynihan (Labour) | Oireachtas source

I thank the Minister for coming to the House to propose the legislation. Before addressing the Bill, I welcome the decision he made this week on co-living. The decision should have been made sooner but when I read the report I realised the Minister had not taken on officials' advice to tinker but rather made a clear decision on banning co-living. I would have liked for this to apply retrospectively and particularly to current proposals going through the planning system. I hope An Bord Pleanála takes on board the Minister's indications on co-living and turns down such permission applications.

I read the circular the other day and the Minister also gives guidance on the changing of purpose-built student accommodation for short-term lets, as that has happened in five cases. Some of the other student accommodation providers are thinking about doing that in the long term.

I have no problem with the majority of the Bill but the section making a permanent change in the modernisation agenda is a sneaky change. Having a public meeting is really important and I will bring forward an amendment putting a sunset clause on that section. An older person who is not engaged online would see value in having a planner in front of him or her when speaking about complicated matters like site density, ratios and heights. It is important for planners to be able to explain these concepts. If local authorities get away with not having planners at public meetings, I see the process moving online. This is about a modernisation agenda in general but the change is being introduced for the long term so I would like to see a sunset clause attached.

It is quite ridiculous in 2020 that if I submit something to An Bord Pleanála, I must physically go to the building as it does not take payment online. A person would have to go to a post office and pay an additional charge in order to get a postal order otherwise. That is while we are talking about an online modernisation agenda. The first thing we can do is sort out the planning system so it is facilitating and flexible for people before we change it. We are submitting an amendment that will introduce a sunset clause.

The importance of development planning is acknowledged in this Bill but the Minister has other powers relating to heights and standards. There has certainly been a feeling that heights and standards have been undermined with the Minister's powers.I would ask that the Minister would take similar action to that which he took on co-living and have a clear look at where his regulations are over-riding well-considered development plans. Senator Fitzpatrick and I were both members of Dublin City Council and we spent nights and days until 12 a.m. or 2 a.m. debating and considering the heights and densities within our city and we reached comprises on it. It was never a NIMBY development plan and agenda. We fought with the planners and with each other and we had it out, but it was a really well-considered plan for our city. I imagine that other local authorities around the country do that as well.

There is a real feeling that there is an undermining of local democracy, not just in participation but also in decision-making, when it comes to the heights and standards in the ministerial guidelines. We do not want to go back to the mid 2000s, when we had developer-led planning. We have issues such as construction defects that we have to deal with now as a result of that. We want to make sure that local people are involved in the decision-making and planning process. The Minister should reconsider some of the heights and standards changes he has made. I am not a believer that height equals density. I will argue hard with residents for density and say that this is the best way to have a good planning system, but it is difficult to do that if, within a couple of years, we have an undermining of that and if we have heights that are completely out of place.

I welcome the Minister's comments on the eviction ban and I welcome what he did last night. I ask that the Minister consider, and we have tabled amendments to this effect, that where there are restrictions in a county, the eviction ban will remain in place. Evictions are still happening for other reasons, and in the course of a pandemic we should not be balancing the rights of people. Public health has to take priority and anybody losing his or her home for reasons such as family members moving in or for substantial renovations should not be left in that position over the course of a public health emergency. I ask and plead that the Minister consider extending that to situations where there are county limits or restrictions on travel beyond 5 km.

I thank the Minister for coming into the House and I ask that he accept the amendments we have submitted when it comes to Committee Stage on Monday because it is important that we continue to have public meetings and that members of the public have access to professional advice and planners in the course of the development plan. I understand that we cannot have them in the course of a pandemic but there should be a sunset clause for that.

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