Victor Boyhan (Independent) | Oireachtas source

I move amendment No. 7:

In page 6, between lines 1 and 2, to insert the following: “(e) a statement setting out how the proposal will be consistent with the objectives of the relevant development plan or local area,”.

I welcome the Minister to the House. When I reflect back to when the Minister and myself were members of the Oireachtas joint committee on housing, I recalled we talked about strategic housing developments SHDs and all the anomalies there were in those. I genuinely welcome many of the initiatives in this new Bill, the Planning and Development (Amendment) (Large-scale Residential Development) Bill 2021, with which we are dealing. I also welcome the Minister's colleague and Department official, Mr. Terry Sheridan, to the House. I will be quite concise. There is no point in talking things out here. The Minister and I know how the system works. Basically, the Association of Irish Local Government came to us and made a very simple request - Senator Craughwell was there as were some colleagues here, who were members of it. The association also furnished us with a copy of a letter to the Minister of State, Deputy Peter Burke, in September 2021. They made three simple requests and what I am proposing was one of them. I want to read the amendment as there is a slight typographical error in it, which I want to bring to the attention of House and the Minister. The amendment states: "In page 6, between lines 1 and 2, to insert the follows: "(e) a statement setting out how the proposal will be consistent with the objectives of the relevant development plan or local area,”. The word "plan" appears to be omitted in the text.The Minister and I understand what we are talking about.

The Association of Irish Local Government, AILG, made only three asks, which are reflected in the three amendments I tabled. I have not proposed any other amendments.

The Minister and others spoke about bringing the planning process back to base, to the local authorities. That is important. Without giving a history lesson on the SHDs, leaving out the councils was a major anomaly. In fairness to the SHD system, it imposed an obligation on the manager, chief executive or planner to convene a meeting to discuss the SHD application and go through the maps, proposals and so on and take note of councillors' concerns and suggestions. This worked for councillors, which was not envisaged at the time.

A great thing about that system was that it was done in an open and transparent way. It was not done in a loft or attic or in a private room with a manager. One of the criticisms made in the planning tribunal was that the planning system was not sufficiently open and transparent. One of the great things about the SHD system, which has many faults, is that it has created an open and democratic engagement in city and county halls. That was positive and showed how local councils could respond to the concerns of their communities and residents associations. This healthy process is not envisaged in the new Bill, which is a shortcoming.

The representative body of councillors, the Association of Irish Local Government and the Local Authority Members Association, LAMA, spelt this out at the joint committee. It also spelled it out in correspondence to Members of the Oireachtas and, more importantly, the Minister of State, Deputy Peter Burke. I do not think the Minister would have any issue with this. I do not like the idea that it will happen in regulations. It should be in the primary legislation because it is a primary understanding of the significance and power of councillors. We hear all the time through the Planning Regulator and officials in the Department that this is the people's plan and the councillors' development plan.

The amendment provides that a statement would set out the proposals and that if anything happens in relation to these applications, they must be consistent with the objectives of the relevant development plan or local area plan. To make a plan is one of the strongest reserve functions of an elected member and we put great emphasis on it. There is a long process behind making a county development plan, as the Minister knows. I ask that he agree, if he can, to support his colleagues and mine - and I think most of us came from local government - and embed this in the primary legislation. I would appreciate that.