Seanad debates

Friday, 18 June 2021

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

 

9:30 am

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

All of the Senators who contributed, bar one, specifically referenced the value of local government members and the difficult work they have had to do right the way through this pandemic. It has been incredibly difficult. Local authorities and councillors are the tip of the spear when it comes to the State's response in the area of local democracy and its response to the pandemic in the context of the Community Call and all of the various initiatives that they took part in. I have had the pleasure of dealing with hundreds of members of staff all over our 31 local authorities, including our councillors across all parties.

I would like to thank everyone for their contributions. Some sensible suggestions have been made, which I will take away and look at in advance of Committee Stage. Some valid points have been made on the bar that is set in the context of making the change. It may be set too high and if Senators wish to table amendments in that regard, we will review them.

The county and city development plans are really important. We need to get them right. They have been particularly challenged, not just by the pandemic but also as to how they fit in real terms with the national planning framework, etc. There has been a new thing for councillors to grapple with. We have to fundamentally restate - I have said this time and again - that the reserve function for making a development plan sits with the local authority and its elected members. Rebalancing powers between the members and the executive is a priority for the Minister of State, Deputy Burke, who has been doing a lot of work in the area of local government reform, and me. The Minister of State, Deputy Noonan, has also been working on the electoral reform Bill, which will be going for pre-legislative scrutiny and then coming before this House. That will be a significant electoral reform.

I am going to look at some of the suggestions that have been made. I am open to reasonable amendments. I say that to Senator Mullen. I always have been open to reasonable amendments. We are going to be dealing with the Affordable Housing Bill later this the morning. A number of changes to that Bill have happened in the ten hours of Committee Stage debate so far and there have been some significant changes right the way through with it.I initiated this Bill in this House, and many other legislative items, as I said I would at the start, because it is an important Chamber to tease out the issues and look at aspects of the Bill in more detail.

I will now turn to a number of specific questions that were asked. I intend to have the revised rural planning guidelines issued by the autumn. We have nearly concluded the work and the leader of the Fianna Fáil group, Senator Chambers, mentioned that as well. It is appropriate that people see those new guidelines, to help them frame their development plans. Senator Warfield asked earlier whether any councils or councillors had been in touch in relation to this issue. The answer is “Yes”. There have been approximately 15 directly impacted, including members of the AILG and LAMA. I have met councillors from all parties, not just my party. I keep my ear to the ground, so I understand what is being said and what people need in different areas. I am responding to that. Even parties that do not have the best tradition of supporting development and building would recognise it is important that we have county and city development plans in place that are appropriate for the areas. Sometimes, it is appropriate that we take a step back. I am not telling councils to do this; I am giving them the option, should it be appropriate for them. That is local democracy, which I hope all of us support. It is up to the local authorities to decide, because in some instances it will not be appropriate. The councillors will decide themselves and that is absolutely fine.

The extension of planning permissions recognises the reality of what we have had to deal with in the past 15 to 18 months. Senator Cummins made this point earlier but the reason we are allowing a two-year extension is because for many sites, it is not simply a matter of switching them back on again. There are capacity and supply chain issues that have been further exacerbated this year. Supply chain and capacity are not back to previous levels and we are working through this. That is why we believe it is appropriate that a two-year extension applies in that regard.

The question as to what is defined as "substantial works" comes up from time to time. Each local authority should have a good handle on that in their area as well. We allow an element of discretion in that regard. This is not the first time "substantial works" has been used as a definition to extend certain provisions that are there. Should this Bill pass into an Act, we will write to all 31 local authorities asking them to use their common sense and discretion in that regard.

It is important to restate, and anyone who has read the Bill will understand, that this is not a blanket extension. One must apply for an extension. In applying for it, there will be an open process and a decision will be made on whether they are substantial works. Perhaps between now and the week after next, when we get into Committee Stage, those who have not read the Bill might do so. We can then take further questions or amendments on Committee Stage.

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