Seanad debates

Friday, 18 June 2021

Planning and Development (Amendment) (No. 3) Bill 2021: Second Stage

 

9:30 am

Photo of Vincent P MartinVincent P Martin (Green Party) | Oireachtas source

I welcome the Minister to the House in a week in which, once again, he is thinking outside the box. It was reported in the media that there will be public housing on public lands in our two largest cities. I am often suspect of Ministers and the "steady as you go" approach, with the permanent government dwarfing the individual innovation of Ministers. That certainly cannot be said of this Minister. If Ronald Reagan was called the great communicator, the Minister is rapidly getting the reputation of being the great listener. Housing is probably the most important brief at this time in our country. The Minister appears to be throwing everything at it, and he deserves the support of all sides of the House. I commend him on his innovative, independent and, in places, radical thinking because he is looking after a significant majority of people, called the squeezed middle, who do not really have a voice. They can qualify for the cost rental model of housing. Public housing on public lands is so exciting for those people. I commend the Government. It will be results based, but if this Government runs its full term I believe we will come out the far end of this by the time it comes to an end. I commend the Minister. He should continue the great work.

This is a democracy and people have different views on the simple majority mentioned by Senators Fitzpatrick and Ward. I happen to disagree on that. The Green Party believes in weighted decisions. I believe they are safer. However, doctors differ and patients die, so it is a subjective opinion. For example, when the Green Party went into government it was not based on a simple majority but a two thirds majority. That gave it twice the authority when it went into government. It is an extremely high threshold, but it means one commands more of the middle ground in the longer term, although there can be practical challenges with that. I agree to disagree on the weighted majority. I believe in weighted decisions and consensus.

I welcome the extension for planning permissions. The planning authority can only extend the appropriate period under the new subsection (1B) provided for in section 7, and in the case of an extension where the appropriate period as extended or further extended expired during the period beginning on 8 January 2021 and ending on the day before section 7 of the Bill comes into operation, they will qualify. However, there does not appear to be equal treatment for everyone. What happens if there is a planning permission that is due to expire in December this year? This is Second Stage, so I hope to tease that out on Committee Stage with regard to planning permissions that have only expired. They might have benefited from a small extension already, but if they expire in December this year or at any time after this Bill comes into force, it would be most helpful if the Minister had any succour or comfort for those.

I also welcome the extension of time for the development plan. I appreciate the Minister's respect for the local government elected body. The Minister said it is a reserved function, not an executive function. That body has the power, and it will only use it if it must in respect of that extension. The development plan is probably the biggest responsibility of councillors, as it has impacts for generations to come. Local councillors have one other huge responsibility. In the week that is in it, I heard about the concerns in the University of Limerick, although they are not perhaps directly connected to county councillors. The second big responsibility of councillors is to dispose of public lands. It is not their own lands, so there should be a higher threshold. I wrote to councils ten years ago and they appear to have different views on the necessity of obtaining an independent valuation.Under section 211(2) of the 2000 Act, unless a sale is for a price that is "the best reasonably obtainable" the Minister's consent is required. So how are councillors or managers to know whether they should seek the Minister's consent unless they have a valuation?

I wrote to lots of councils at the time and I would like to see something put on a statutory footing in express terms. Perhaps this matter is not an issue for today but for the week that is in it where there are huge concerns about the University of Limerick and the purported sale that the university entered into, where there was no valuation at all on the file an independent expert valuation would assist and guide councillors. To be practical, unless a valuation costs more than a piece of land, and I am not saying we must have this for every single section 183 application, then I believe it is best practice to always have an independent expert valuation to guide councillors in their most important work, along with the development plan, which the Minister has provided for today.

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