Seanad debates

Wednesday, 19 March 2008

Sustainable Residential Development: Motion

 

6:00 pm

Photo of Martin BradyMartin Brady (Fianna Fail)
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I move:

That Seanad Éireann welcomes the publication of the draft planning guidelines on sustainable residential development in urban areas and the accompanying best practice urban design manual.

The key policy recommendations in the draft guidelines state:

Development plans, urban local area plans and planning schemes for strategic development zones schemes should contain policies and objectives which will underpin the creation of sustainable residential developments.

They should also include clear guidance on implementation measures, particularly with regard to the phased and co-ordinated provision of physical infrastructure, public transport and community facilities.

This takes in community facilities, public transport and so on.

I represent Donaghmede, which has a projected population over the next eight years of 35,000 people, with 3,500 houses already built. There is another development down the road a couple of miles in Baldoyle. Sports facilities and public transport should be front-loaded but we have the opposite in that area. I am well aware of what is going on there and in Baldoyle, various sports facilities were supposed to be provided a couple of years ago. To date, sports clubs there do not know when the facilities will be finished. The location of pitches has been changed. There is no clear definition on when they will get the facilities or if they will get them at all.

The local authorities, Dublin City Council and Fingal County Council in particular and authorities in general, are not keeping their eye on the ball. Everything seems to be in favour of a developer. For example, a railway station was supposed to be provided two years ago and it is no fault of the developer that it is still not there, as he provided the site, which cost a large amount of money. Iarnród Éireann has fallen down on the job, having held on to a cheque for about a year with nothing happening.

There are cases of developments where there are no community facilities or halls and no sports facilities of any description. Some houses were built but residents discovered about a year later that a substance called pyrite was present, which caused subfloors to lift and walls to crack. When these people go to the builder they are told to talk to HomeBond, and people from HomeBond tell them it is the builder's responsibility. Much money has been spent to engage consultants and so on.

Young people who pay through the nose for these houses should not be left in this type of position. It has come to the stage where this type of incident will have to be addressed by the Minister and proper regulations will have to be put in place to hold these people accountable. We should not dilly-dally.

There are cases where builders have subsidiary companies and people are told to engage with them but when people do this they are referred back to the builder. Games are being played and shortcuts are being taken. In this case and others throughout the country where builders have been caught out buying infill on the cheap, people who paid dearly for houses have to suffer. Schools do not exist either. In some cases, schools to be incorporated into developments are only at the planning stage but that should have been sorted out at a very early stage.

We must have some system to create people-friendly streets and spaces, where provisions can be made for cycling and other facilities of that nature. People should be safe and secure and be able to enjoy the public areas that surround these developments. That is not happening at present as some of these developments are atrocious. We knocked down towers in Ballymun that were six or seven storeys high and other Ballymuns are now being built. In 20 years' time, these will just be ghettoes.

Gangs currently roam these developments in droves at night, burning cars, breaking into houses and so on. This is a result of the way developments are structured and many people believe these places are not safe to live in anymore.

We discussed energy earlier. Builders should be given an incentive to provide solar panels on housing for efficient solar energy. That would go a long way towards helping fight climate change and increasing emissions.

There also should be adequate provision for proper health and medical centres adjacent to these buildings. There should be proper lighting, as this in many cases is not installed until well after the houses are occupied. I have witnessed such examples myself. The ESB is blamed but the ESB blames the developer. The same goes for telecommunications, as people are left high and dry without telephones for about 12 months in some instances because the developer has indicated the place is not cabled.

There is much to be done and we must work in a co-ordinated way to bring together all these service providers and hold them accountable. What is happening currently is not good enough.

I commend the motion and I thank the Acting Chairman for the time.

Photo of Brendan KenneallyBrendan Kenneally (Waterford, Fianna Fail)
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Senator MacSharry, who has eight minutes, will second the motion.

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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I take pleasure in seconding the motion and in welcoming the Minister to the House. This is my first opportunity to do so. It is great to see Deputy Gormley in the position of Minister and I have no doubt he has great ideas, enthusiasm and determination to bring to the Office. I look forward, over the next number of years, to seeing a variety of measures brought before us.

As the motion states, I welcome the planning guidelines on sustainable residential development in urban areas and the accompanying best practice urban design manual. Approximately six years ago, the local authorities in Sligo adopted a package of measures which dealt with taking in charge housing estates. In their preparations, officials in the Department would have reviewed the processes used and incorporated a large volume of the material now followed as procedure into the new guidelines. That is to be welcomed.

It is appropriate that this House, whether in Private Members' time or in time set aside for other motions of this description, has the opportunity to speak about planning. The process is continuously evolving and remains one of the biggest challenges all over Ireland. I have used the same quote many times but it is still true. The person who comes up with the optimum planning system for Ireland will probably win the Nobel prize for literature and peace, and there is a better way. By debating issues like this and brainstorming effectively, we have improved the issue in recent years and we continue to do so. Let none of us feel the challenges do not remain because they loom as high as ever.

I wanted to use this opportunity to deal with a couple of issues not directly related to the motion but certainly related to the Minister's brief and the planning area. The first relates to Part V and the issue of social and affordable housing. I ask the Minister to consider reviewing Part V at this time as although it is an admirable and honourable policy, and we would all seek to achieve the goals it sets out, it has failed in certain areas while possibly succeeding in other aspects.

Mr. John Fitzgerald produced a report some time ago concerning the social mix throughout Ireland and Limerick was shown to be among the places with the highest mix, at 41% or 42%. Cork was next at about 34% or 35%. The figure for Sligo, where I live, stood at 33%. The next highest figure was 16%. The three areas to which I refer have very high social mixes and Part V, although honourably drafted, is more geared towards the blank canvas approach.

We need to be somewhat more strategic in the context of the approach we take and I am not sure that one size fits all. Sligo is no different from other counties in that there is a need for more social and affordable housing. However, we may need to review the Part V provisions and take a more strategic approach in the context of how we deal with this matter. We all want the same things to be achieved. I refer, for example, to better integration. The segregationist policies of the past led to the creation of high social mixes and the development of anti-social behaviour in certain areas. Evidence of the latter can be seen, week in and week out, with the release of crime statistics, etc. In my view there would be all-party support for reviewing Part V to discover how it can be improved and to identify the ways in which we can best achieve the optimum results envisaged when its provisions were originally set down.

If a developer fails to make provision for 20% of a development to be social and affordable housing, the option exists for him or her to provide a site or a financial amount in lieu. Certain politicians have stated that they are not enamoured with this option and that they want to move away from it. However, it should not be abandoned. In an area in which there is a high social mix, it might be better if a sum of money were provided in order that more social and affordable housing can be built where it is needed. This would help get the mix right retrospectively.

The other issue to which I wish to refer is people's right to object. Again, there is probably all-party support for people's right in this regard. It is not acceptable that a citizen of the United States who is based in California and who owns a holiday home in the west of Ireland can lodge an objection to a development that might be critical to the area in which it is proceeding. A person should have local competence or be a contributor to an area before he or she should be able to try to block either someone's application to set up home in that area or an application relating to the development of a critical item of infrastructure which would contribute to the said area's commercial or socio-economic fabric. An important and recent improvement in the area of legislation was the implementation of the Planning and Development (Strategic Infrastructure) Bill, under which An Bord Pleanála may be approached directly in respect of decisions or judgments on major infrastructural improvements. This is a good development and it represents progress. However, it would be greatly appreciated if the Minister would seek to review the position as regards people's right to object.

For some time I have been requesting that the House engage in a debate on the national spatial strategy and the progress, or lack thereof in certain areas, in respect of it. I bought into the national spatial strategy and I am aware that engaging in a review of it would fall under the Minister's remit. I hope he will arrange for such a review to take place. As the eastern conurbation develops, the pressure on Dublin and other areas will increase. It is important that we should have a successful capital city and that it should have the appropriate infrastructure. However, the west also requires such infrastructure. If we are to be true to previous Government policies, such as creating capacity before demand and following through on the national spatial strategy, we must begin to invest disproportionately in the gateway centres. Doing so will allow us to create the capacity to which I refer and develop an infrastructure that will play a part in taking the burden of growth off the eastern conurbation. We must seek to do this in a joined-up way.

We find ourselves in leaner economic times and people may state that it is not possible to justify additional expenditure in the area to which I refer because the largest proportion of the population resides in the east. However, we must begin to dream bigger dreams and to push the boat out some more. I live in the gateway centre of Sligo but we must do what I suggest in respect of all the gateways. I recognise the existence of the gateway innovation fund but additional moneys should be provided to finance critical infrastructure projects in these areas in order that they can assist the capital city and other locations to thrive and play their part in shouldering the burden of growth.

I would not be true to myself if I did not again seize the opportunity to state that winding down cancer care services in a gateway centre such as Sligo does not represent the kind of joined-up thinking the spatial strategy was put in place to achieve.

Photo of Nicky McFaddenNicky McFadden (Fine Gael)
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Hear, hear.

Photo of Marc MacSharryMarc MacSharry (Fianna Fail)
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I apologise for being somewhat opportunistic in that regard but the Minister appreciates the point I am trying to make.

I commend the motion to the House. I thank the Minister for giving over so much of his time today to be present in the Chamber for the various debates in which we have engaged. We wish him well in his endeavours and I look forward to welcoming him back to the House in the future. I hope he might take on board some of the points I have raised.

Photo of Paudie CoffeyPaudie Coffey (Fine Gael)
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I move amendment No. 1:

To delete all words after "Seanad Éireann" and substitute the following:

"condemns the Government for not implementing proper planning guidelines during the recent building boom which has resulted in:

unsustainable communities;

fragmented education facilities;

public transport inefficiencies;

large carbon footprints for residential housing;

and notes that a finalised nationwide approach to planning policy is still required.''

We do not take this matter lightly and the amendment reflects that. Many existing developments that came about as a result of the relatively recent building boom are unsustainable and the lack of proper planning guidelines has led to fragmented education facilities, public transport inefficiencies and large carbon footprints for residential housing. One of the reasons for the latter relates to a lack of Government action in many areas. The horse has bolted and we must now try to deal with the aftermath with more limited resources than we possessed heretofore.

I am surprised we are discussing the draft planning guidelines. I would have hoped that we could have debated the final version of the guidelines in order that we might have identified the direction in which the Government intends to go. I accept this is still a matter of public consultation and that many people are still making submissions.

Previous speakers referred to the resources of local authorities and the planning matters relating to such authorities. In respect of the latter, I wish to refer to estate management and the taking in charge of estates. Local authorities have limited resources with which to work in the context of enforcing proper building standards and regulations in respect of existing developments. What will be the position when they are obliged to enforce the new guidelines? Major difficulties will have to be overcome in this regard.

The draft guidelines refer to community infrastructure. In that context, I wish to refer to schools and a report on RTE news last night in respect of the Holy Rosary school in Dublin, which is literally a prefabricated school. The children who attend Holy Rosary are expected to see out their primary education in lacklustre, poor and dilapidated facilities. That is not good enough. I accept that an attempt is being made to address matters of this nature in the guidelines. As stated earlier, however, the relevant planning structures were not previously in place and there was no collaboration and co-operation among Departments and local authorities. I will be interested to hear how the Minister proposes to improve matters in this regard.

I come from Portlaw, County Waterford, one of the few planned industrial towns in Ireland. It was built by the Quakers, is designed in the shape of a hand and contains wide streets. It was completed within 15 years in the mid-1800s and it became home to more than 5,000 inhabitants. The Quakers provided music halls, schools, other educational facilities, a gas works and a water works. Essentially, a private enterprise built an entire town in the 19th century. Now, however, Departments find it difficult to deliver proper and basic infrastructure in our towns and villages.

An application relating to a sewerage scheme for seven villages in County Waterford has been with the Department since 2005. The development of these villages has been stymied as a result of bureaucracy and barriers in Departments, which has prevented them from obtaining foreshore licences, etc. Three years after the initial application, the villages in question still await the provision of a basic sewerage infrastructure.

Guidelines will not deliver action. We must eliminate the red tape and bureaucracy within Departments. Our focus is in the wrong place. We must provide local authorities with proper resources in order that they might make proper provision in respect of planning.

I do not have sufficient time to address the many issues to which I wish to refer. I wish, however, to comment on brownfield sites, which are mentioned in the draft guidelines. Brownfield sites are sites which have been industrialised or where contamination has taken place and there are major difficulties with them. There is a three-acre brownfield site in the centre of the town in which I live which was contaminated as a result of years of dumping of industrial waste. Due to the clean-up costs involved, the site is lying derelict. The site is fully serviced but nothing is being done with it. What does the Government intend to do in respect of sites of this nature?

The draft guidelines are entitled "Sustainable Residential Development in Urban Areas" and suggest a vision for how increased residential density is to be achieved in cities and larger towns. Only five pages of the guidelines and a handful of examples in the manual refer to urban situations. The remainders of both documents are given over to small scale edge-of-town or village developments. If it is a guideline on how villages and towns should be developed, that is fine, and it should be labelled as such. However, although it is entitled Sustainable Residential Development in Urban Areas, only five pages refer to large-scale development.

A proposal to provide high-density residential development in an urban area can have many implications and there are a multitude of international models that may be examined, including Hong Kong, Madrid, Barcelona, Stockholm, Borneo island in Amsterdam and the Upper East Side and Upper West Side in New York. They offer a multitude of examples of how density may be achieved and how neighbourhoods have turned out. However, the guidelines do not mention any international examples. None of the developments which are already in place has been examined, evaluated or analysed in terms of its relevance to the Irish context. We must learn from other jurisdictions with regard to the development of their larger urban centres.

The document shows no understanding of the culture within local authorities with regard to the bureaucracy in planning that I mentioned earlier. The guidelines suggest that there should be more interaction and collaboration between local authorities and, for example, the HSE with regard to medical facilities or the Department of Education and Science in the area of educational facilities. All Senators in this House and all Deputies in the Lower House know how hard it is to communicate with the HSE or the Department of Education and Science on a one-to-one basis, yet here we are asking them all to communicate with each other. It is nice to hear this aspirational idea, but I am more interested in hearing how it will work. Under the current system, which is very frustrating, we find it difficult to get accountability from Departments. I suspect that at times even Ministers find it difficult to get accountability. There is much work to be done here. I and Fine Gael agree with the general thrust of the guidelines. Certainly, improvements must be made in planning. However, the delivery of these improvements is key, not the guidelines. We have had rural housing guidelines before and now we have these guidelines. I am interested in seeing whether the mechanism in these guidelines will actually deliver.

Are these just guidelines, or will there be statutory instruments of which local authorities are required to take account? It is important that when a finalised document is arrived at, it provides for proper co-operation with and resourcing of local authorities. Proper implementation of planning must start with local area plans and then move on to city and county development plans, followed by regional plans, and of course the national spatial strategy, which was already mentioned here. These plans largely already exist and are good. However, they are aspirational. Any Senator, councillor or TD will agree that there is a lot of good stuff in plans that are gathering dust on shelves. We need to see proper resourcing of these plans so they can deliver. If that happens, we can agree that we have good planning and properly resourced communities.

Photo of Nicky McFaddenNicky McFadden (Fine Gael)
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I second the amendment. I wish to share my time with Senator Paschal Donohoe.

Photo of Kieran PhelanKieran Phelan (Fianna Fail)
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Is that agreed? Agreed.

Photo of Nicky McFaddenNicky McFadden (Fine Gael)
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I thank the Minister for being here again and am glad to welcome him. It is unusual to have the opportunity to speak on draft guidelines. That is something my colleague and I have already discussed. It is useful because it will highlight to the general public, during the consultative process, what we are actually discussing, and I hope it will be covered in the media. Sadly, however, today is not a busy day for the media around here.

I will mention first the issue of taking in charge of housing estates. The Minister has issued in conjunction with the residential design guidelines a document concerning the taking in charge of residential estates. I welcome this because this issue has been the cause of major problems across the country. All the recommendations mentioned in the document are being implemented in my area, County Westmeath. How can we be stricter in enforcing all of these recommendations? There is the idea of having pre-planning meetings with developers and ensuring developments conform to the design agreed at the planning stage. The Minister also alludes to obtaining adequate bonds, but that has been the policy of Westmeath County Council for years. However, due to inflation, the bonds attached to some housing estates will never be adequate to pay for the deficits in provision that have been left for the poor unfortunates who have bought houses in these decrepit estates. The county councils have to pick up the tab for these developers, sometimes after 20 years. I know of a number of such housing estates around the country, not just in my own county.

In his document, the Minister states, "In relation to older estates, priority must continue to be placed on resolving those estates that have been left unfinished/not taken in charge for the longest period." That is a very obvious statement and I am sure the Minister is hearing about this issue from many public representatives around the country. The question is what we are to do about this. A housing estate should not be handed over to the poor unfortunate buyers who have taken out exorbitant mortgages unless it is ready for habitation. While the Minister's aspiration to discuss these issues at design and pre-planning stage is good, the developers will not comply with this. Unless the housing estate is ready and the residents are satisfied with the lighting, pathways, roads and sewerage system, the latter of which can cause major problems, the developer should not receive any money until the council is satisfied. If I do not make any other point here today I will make this one, because it is the most important.

I also wish to mention connectivity for small towns and villages. I refer particularly to a village in Westmeath called Killucan, which contains a massive number of houses. Ballymahon in County Longford is another such village. There are no facilities and no transport provisions. Killucan is not included in Transport 21. My colleague Senator Coffey spoke about the HSE and education, and I mention transport in the same context. There is a railway station in Killucan that is left unattended and empty although thousands of people spend two hours every morning commuting to Dublin. It is the same with Athlone; there is a perfectly good rail link between Athlone and Mullingar that is disused. I ask the Minister to investigate both of these transport issues which, if resolved, would result in a considerable improvement in connectivity.

Photo of Paschal DonohoePaschal Donohoe (Fine Gael)
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I thank my colleagues for their contributions to this discussion and support their comments. I welcome the Minister to the House. It is great to have a Minister here for debates on such important policy areas. There are two overall points I wish to emphasise. I support the comments of my colleague Senator Coffey on the need for the Minister to back up his clear good intentions with action across all Departments. I also wish to comment on the detail of the plan, particularly chapters 2 and 7, on which I have some input for the Minister.

On the broad point, there is nobody on this side of the House who does not recognise the superb intent and bona fides of the Minister in his desire to improve the situation with regard to planning. I speak as somebody who spent three years as a member of the city council in one of the most highly developed areas of the city. The reason we have put down this amendment is that we do not believe the weight of the Government is behind the Minister in making this happen. Senators McFadden and Coffey offered clear examples that show this is not the case. We showed the lack of integration and transport infrastructure in the provision of new communities. The building of new estates was also mentioned in the context of the lack of services to ensure they are well policed and handed over in the right state.

There are two further points I wish to make with regard to issues that have not been addressed for many years. The first relates to the Dublin Transport Authority. These guidelines, when they are amended and go through the public consultation process, will make a strong contribution to the current planning provisions. However, there is one organisation, the Dublin Transport Authority, that will make an equal, if not bigger, contribution. If we are to create sustainable communities we must integrate land use and transport. This has not happened and the Fianna Fáil element of the Government prevaricated often on this matter in the past decade when it came to introducing the relevant legislation for this organisation. This is one of the key reasons so many communities in Dublin's hinterland are stranded without the necessary transport infrastructure to ensure their sustainability.

Speakers on the other side of the House have already acknowledged that we cannot believe this Government wants to deliver sustainable strategic planning when so many of the key decisions that have been made on transport infrastructure and the HSE are not harmonised with the national spatial strategy.

Chapter 2 of the document relates to local area plans and two points are missing. Strategic development zones were one of the big innovations introduced by the last Government in terms of delivering integrated development to communities. Three exist but there is no reference in the document to what has been learned from their operation and how they can be better operated in future. This is an omission that should be examined.

We must strengthen the ability of local authorities to bind developers to act in accordance with local area plans. It is clear that developers allow land to become derelict rather than adhere to local or city development plans. We have a golden opportunity to fix this and to address the pro-developer bias that has taken over the planning system in recent years.

On chapter 7, the issue of the quality of rental properties is back in the spotlight and I believe these guidelines offer an opportunity to address this. I ask the Minister why so many unsuitable extensions for rental development are granted in Dublin. Also, can he define and narrow the meaning of co-dwelling in urban environments as this would help stop as many people as possible being fitted into as small a space as possible for profit?

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I thank the Members for giving me the opportunity to speak here tonight on a policy issue and initiative of importance to all Members of the Oireachtas and all members of our society.

The bedrock of our planning system is to aim for "proper planning and sustainable development". There is copious reference to this phrase throughout the planning legislation and it is the touchstone for the deliberations and considerations of An Bord Pleanála in all cases that come before it. "Proper planning and sustainable development" is not, therefore, a hollow or meaningless phrase. It is not an official soundbite. It has purpose, it has vision and it has legal underpinning and definition. In essence, I believe it means planning policies and decisions that are justified on the basis of good environmental, social and economic considerations, and which will stand the test of time.

Society is constantly changing and evolving. This country has undergone huge changes in a relatively short period of time in terms of our economy, our demographics and general social fabric. As policy makers, it is incumbent on us to respond to those changes with positive policies that reflect the changing circumstances. Our economic and population growth created a huge demand for housing in recent years. Our ability to meet that demand is evident in very impressive year-on-year new housing stock, with the numbers of housing units being built rising from 33,700 in 1996 to a high of 93,400 units in 2006. Despite the recent downturn in demand for and supply of new houses, our forecast is for the national population to rise to 5.3 million people by 2020, which will require an additional 700,000 new homes.

We are all familiar with examples in our cities, towns and villages of where the planning system has got it wrong, in some cases terribly wrong, in terms of what is built and where it has been built. I agree with much of what the Fine Gael Members said in their contributions as they identify real problems. This area is underpinned by legislation and this will ensure these guidelines will be adhered to. The point on the Dublin transportation authority is valid; the Green Party's participation in Government means there will be an effective Dublin transportation authority and I would like to see it further integrated.

I have visited London often and was there at the weekend when I spoke at length on this issue with Mr. Ken Livingstone, Mayor of London. He has transformed transport there and, I believe, a directly elected Lord Mayor of Dublin should be head of a transportation authority. This makes total sense because it worked in London and I see no reason it should not work here. The problem is too many different bodies in Dublin are responsible for transport. As I move on in my speech I will refer to some of the other issues raised this evening.

Instead of building sustainable communities we can justifiably be accused of building houses without the supporting infrastructure needs. This has happened in the past ten to 15 years. It is high time we used the planning system to deliver well-planned, integrated and sustainable development as the norm.

My Department's 1999 residential density guidelines have served us well but they need to be reviewed, updated and expanded to reflect where we are and where we want to be, in terms of quality residential development that will meet future challenges and help support sustainable communities in our cities, towns and villages.

On 10 February, I published the draft guidelines on sustainable residential development in urban areas for public consultation. Copies of the draft guidelines and design manual are available here tonight if Members have not already seen them. The public consultation period closes on 6 May and I would encourage all those who have a view on how our urban areas should be planned and designed to avail of this opportunity to have their voices heard.

The new guidelines aim to set out stronger planning requirements to facilitate the development of sustainable communities through strengthening planning and the provision of necessary supporting services and amenities. They seek to help achieve the most efficient use of urban land through housing densities that are appropriate to the location involved and the availability of supporting services and infrastructure, particularly transport. The guidelines aim to set high standards in terms of space and facilities to meet the needs of the Irish context.

The draft guidelines recognise that our urban areas operate at different scales. There is no place for a one-size fits all approach. For this reason, the draft guidelines separate cities and large towns from smaller towns and villages in terms of appropriate approaches to residential planning and design. Also, the draft guidelines address the issues of neighbourhood planning, that is, setting an appropriate context for the development itself, the overall development of the neighbourhood within which it is situated and the home and its setting. In essence, they look at the entire picture, from the neighbourhood to the home. The over-arching objectives should be quality and sustainability.

There is a major emphasis in the guidelines on the need for new residential developments to be supported and facilitated by the necessary supporting services and infrastructure. Crucial infrastructure such as education and health facilities, public transport, child care and community amenities are seen as being as important as the usual hard infrastructure needed like water services and road access. Also, in areas well served by public transport there is a need to consolidate growth by providing higher density development.

With the realities and impacts of climate change becoming ever more critical, and the need for improved energy conservation and a general increased awareness of our environmental responsibilities, I particularly welcome the emphasis in the draft guidelines. In this regard, I believe the guidelines strike a good balance between environmental sustainability and social and economic growth. The policies outlined are common sense in terms of looking after our environment, our health and our communities.

We should design our new residential developments where there is less need for car dependence and where we can encourage walking, cycling and use of public transport. We should design our developments with good recreation and play amenities for young and old and our homes with greater energy efficiency.

I will now address some of the main issues and recommendations in the draft guidelines. Development plans, urban local area plans and planning schemes for strategic development zones should contain policies and objectives which will underpin the creation of sustainable residential developments. They should also include clear guidance on implementation measures, particularly with regard to the phased and co-ordinated provision of physical infrastructure, public transport and community facilities. The development plan or local area plan should promote and encourage cycling and walking; encourage more efficient use of energy and a reduction in greenhouse gas emissions; include the right quality and quantity of public open space; include measures to ensure satisfactory standards of personal safety and traffic safety within the neighbourhood; and protect, and where possible enhance, the built and natural heritage.

It is also vital that development plans should include urban design policies which are capable of being expanded in more detail in local area plans. Planning authorities should issue design briefs and receive design statements for particularly important, sensitive or large-scale development sites. Preplanning application discussions should be encouraged in order that there is clarity around sequencing priorities of the development plan, the vision statement for the future development of the area and phasing objectives of the local area plan, where applicable, and how they relate to the applicant's land.

The best practice urban design manual sets out 12 criteria, which should be used by local authority planners and by developers, both in pre-application consultations and in assessing individual planning applications. For example, the design of residential streets needs to strike the right balance between the different functions of the street, including a sense of place.

The draft guidelines also set clear rules and standards in planning for integrated and sustainable neighbourhoods. No substantial residential development should proceed without an assessment of existing schools capacity or the provision of new school facilities in tandem with the development. Similarly, no substantial residential development should proceed without either adequate existing public transport provision or new public transport provided in tandem with the development. There also should be adequate provision at convenient locations for retail, health and other community facilities to meet the existing and future needs of the area.

Sustainable patterns of urban development should be promoted, particularly higher residential densities in locations, which are, or will be, served by public transport. Higher densities must be accompanied in all cases by high qualitative standards of design and layout. The draft guidelines state that, in general, minimum net densities of 50 dwellings per hectare should apply within such public transport corridors, and in appropriate city and town centres and some inner suburban locations. These should be clearly specified in local area plans.

The greatest efficiency in land usage in outer suburban sites will be achieved by providing net densities in the range 35 to 50 dwellings per hectare. Particular sensitivity is required in regard to the design and location of apartment blocks, which are higher than existing adjacent residential development. It is important to stress that higher density does not necessarily mean high-rise. It is about optimal use of the land through efficient and integrated design.

For the first time, these draft guidelines specifically address new developments in small towns and villages. Planning authorities should not consider extensive proposals for new development, including residential development, in smaller towns and villages in the absence of an adopted local area plan. This is an important qualification — the guidelines clearly indicate that, if planning authorities and developers engage with the local community and design a properly planned local area, development can take place subject to the usual environmental and servicing requirements. What the guidelines do not advocate is the haphazard, non-planned and large-scale developments that are unsuitable to many of our small towns and villages.

New development should contribute to maintaining compact towns and villages. Leap-frogging of development at some distance from the existing built-up area should be avoided. Members are familiar with this concept where housing estates do not fit in with the community and do not even have a footpath to service them. The Senator is correct in saying the taking-in-charge issue is of the utmost important. The draft guidelines indicate that in central sites densities of 30 to 40 dwellings per hectare may be appropriate for mainly residential or mixed-use schemes. At edge of town centre sites, under controlled circumstances, densities of 25-30 dwellings per hectare with a variety of dwelling types may be appropriate. At edge of small town-village sites, once again under controlled circumstances, densities lower than 15-20 dwellings per hectare may be appropriate as long as such low-density development does not exceed 20% of total new planned housing.

The scale of new development should be in proportion to existing development, and such development should provide for easy connectivity, especially by pedestrians and cyclists, to existing facilities. Planning authorities should also consider preparing village design statements for sensitive locations in co-operation with local communities. It is of fundamental importance to the acceptability by the public of higher density development that the quality of design and finish extends also to the individual dwelling and its immediate surroundings. Residents are entitled to expect that their new homes will offer decent levels of amenity, privacy, security and energy efficiency.

The orientation of the dwelling and its internal layout can affect levels of daylight and sunlight, and will thus influence not only the amenity of the occupants but the energy demand for heat and light. Privacy is another important element of residential amenity, and contributes towards the sense of security felt by people in their homes. All houses, terraced, semi-detached and detached, should have an area of private open space behind the building line. The provision of adequate and well-designed private open space for apartments is crucial in meeting the amenity needs of residents. In particular, usable outdoor space is a high priority for families.

Circulation within housing layouts, including access to individual dwellings, should have regard to the varying needs of occupants over their lifetimes, including needs associated with mobility difficulties and the normal frailty associated with old age. Where possible, designers should seek to create child and pedestrian-friendly car-free areas, especially in higher density schemes, through the careful location of access streets and parking areas.

The quality of finish and the maintenance arrangements of completed residential developments are intrinsic elements of their long-term sustainability. The quality of the finish of the public realm is of particular importance. Adequate provision should be made for storage-collection of waste materials.

Having set the policy context for the draft guidelines and outlined the main issues and recommendations, I would like to address some misconceptions which have arisen in various media about three particular aspects of the draft guidelines. First, in relation to advocating higher density development at appropriate locations, such as where there is good public transport, I am not saying high-rise. There is a clear difference between high-density and high-rise. High-density means maximising the number of homes in a controlled fashion, it does not mean hitting the clouds. Second, in relation to the recommendations for small towns and villages, it has been commented that the new guidelines will severely restrict new development and will contribute to many small towns and villages shrinking and dying out. I want to assure the House this is not the case. I want our towns and villages to grow and thrive. I want them to grow in a way that is positive for our future generations and that means we must ensure they develop in a sustainable fashion.

Third, the draft guidelines deal only with urban areas. There is no reference in the guidelines to one-off rural houses. Reference has been made to this in many of the regional newspapers. There is a huge misconception out there. These guidelines are totally separate from my Department's sustainable rural housing guidelines which were published in 2005, and which are still valid. The reason there is a specific chapter on small towns and villages in the draft guidelines is to try to bring proper planning to the development of towns and villages, not to curtail one-off houses in the countryside. These guidelines are aimed at making our towns and villages better places in which to live and to provide for a better quality of life for the residents in general.

Intrinsically linked to the planning of sustainable communities is the co-ordinated delivery of the necessary infrastructures and services in those strategic locations across the country which are currently under development pressure. As I have already highlighted, new developments need to be more than just the provision of new houses. It is essential that there is integration between development and the provision of the necessary hard and soft infrastructure. Key infrastructure should anticipate, and not follow, the delivery of new housing.

To progress this, the Government has mandated my colleague, the Minister of State, Deputy Batt O'Keeffe, to take responsibility for driving this Developing Areas initiative. A dedicated unit has been established in my Department to work with the local authorities and delivery agencies to resolve blockages and provide a coherent approach to servicing and releasing these lands for development. Good planning is a necessity and not an option. I do not know whose telephone is ringing but it is not mine.

I will conclude by stating that decisions must be made openly and transparently and in the best interests of the public. Well-planned and designed higher density developments at appropriate locations will help deliver environmentally and socially sustainable communities. I am confident these draft guidelines and the accompanying urban design manual provide a solid framework on which to deliver these objectives. They will also make a difference to both new and existing communities. I thank Members for the opportunity to discuss these issues. The support of the House and the recognition of the role of the guidelines in supporting more sustainable communities will strengthen the consultation process.

Photo of Dominic HanniganDominic Hannigan (Labour)
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I congratulate the Minister on his staying power. I compliment him on introducing these guidelines and thank Fianna Fáil Ministers for giving the House this opportunity to debate them. I spent a number of years as a councillor in Meath County Council and as an employee of the planning section of the London borough of Camden and I see much in this document that is welcome. The guidelines and the best practice guide offer a way forward for residential development in the future. The document is well laid out and is comprehensive. It will make residential development in Ireland more sustainable.

I will refer to points in the order they appear in the document, namely, neighbourhood, housing site and issues relating to the home environment. Considerations of neighbourhood are vital for the success of any scheme. The context of the development should ensure that any new developments add to what exists. One of the criteria in the document refers to ensuring there is a park within 15 minutes' walk of the development. This is laudable but the reality is that in Meath East there are no public parks. Meath has no parks section and the same is true of many counties in Ireland. Will the Minister consider including criteria for introducing public parks, perhaps funded by special development levies?

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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We have no parks policy in this country.

Photo of Dominic HanniganDominic Hannigan (Labour)
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Perhaps that is something the Minister could consider.

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I am considering it.

Photo of Dominic HanniganDominic Hannigan (Labour)
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That intervention was made on the Minister's time, not mine.

The guidelines also call for inclusivity of design so that we do not have community facilities just for teenagers but also for active retirement groups. We are all aware of how difficult it is for community groups to gain access to facilities. Last Friday, I met a youth officer in Bettystown, which has new premises for a Youthreach centre. The premises are not permanent and the officer is worried about whether they will be able to provide services after the current lease expires. Perhaps the Minister could include in the guidelines stipulations about the provision of community space, for example, for every 100 houses the developer must provide a multi-purpose community centre for youth, adults and active retirement groups. For developments of more than 100 houses, a playground or space for a playing area should be provided, along with Garda or health centres if required. Perhaps post boxes should be also a requirement for developments of more than 100 houses. I have been in estates of more than 300 houses, where there are no playgrounds, where there are no places for bored teenagers to hang out and where one must travel five miles by car to post a letter.

The document refers to an assessment for education if there are more than 200 houses and that, if there are more than 800 houses, there should be phasing on the basis of educational places. Just yesterday, An Bord Pleanála granted planning permission for 700 houses in Donacarney, East Meath, with no reference to the dearth of school places. Some 1,000 children are coming on stream and the local authority did not link it to any educational provision. In this regard, it is welcome to see planning guidelines.

It is right that we should concentrate density at places where there is high public transport provision. It should not, however, be a case of ticking the box if there is public transport. The important issue is whether there is capacity on the public transport system to deal with the additional people. That is not the case at present. I ask the Minister to consider whether assessment of public transport capacity would be a more useful measure in judging whether to grant permission to a development.

I agree with much of what is in the housing site guidelines. I refer to housing estate layout. The guidelines refer to moving away from traffic calming measures and introducing speed design in estates. I am sure the Minister is familiar with the Netherlands, and its system of woonerf — living street — along which, by legislation, drivers cannot exceed the walking pace of people within the estate. It reduces the number of accidents in estates and makes the estates a nicer place to live. There are 9,000 woonerven in the Netherlands and Germany has something similar, limiting the speed of cars within estates to 7 km/h. I ask the Minister to consider introducing such legislation here.

Will the Minister address the issue of retrospectivity. In my estate of Drogheda, designed ten years ago and built five years ago, there are no traffic calming measures. Trying to introduce traffic calming measures after development is very difficult. I ask the Minister to consider incentivising local authorities or developers, where the estate has not been taken into charge by the local authority, to provide traffic calming measures on estates that have already been built.

I agree with the guidelines in respect of adaptability of design and maximising the use of solar power. I ask the Minister to consider guidelines for geothermal power and re-using groundwater and rainwater to maximise their use within new developments.

Regarding privacy and amenity, I suggest the laws be tightened in respect of sound insulation. One could be sitting in a house in some estates and believe one is listening to "Life on Earth" by David Attenborough because of what is going on next door and the thickness of the walls. The legislation is not strong enough on this point. It is difficult to retrofit houses with sound insulation. I suggest the way around this is to increase penalties, something that the Minister is considering in building regulations but perhaps he can make a contribution on this point.

The guidelines call for more use of communal parking. The only issue is the use of these by trucks or abandoned cars. The Minister should tighten the law on parking trucks and abandoned cars, and car sales. At present, the council advises contacting the Garda Síochána and the Garda Síochána sends one back to the council, while the developer does not want to know about it. Can we examine having one person or centre responsible for parking trucks on estates? While it might sound like a minor issue it is a major issue in new estates. My final point relates to detailed design of open space. The guidelines call for landscaping before estates are occupied. All too often this does not happen and we have seen instances where developers come back and ask to build further houses in the open space area. Will the Minister consider guidelines that prevent applications for further housing on open spaces identified on the planning application?

There has been a slowdown in the residential market recently but it is cyclical, as we all accept, and the Minister has stated that we can expect another 700,000 houses to be built before 2020. These guidelines are a positive development, will help to ensure homes are built well, improve our towns and cities and make for more comfortable living. I compliment the Minister on his initiative and ask him to consider my suggestions.

Photo of Ann OrmondeAnn Ormonde (Fianna Fail)
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I welcome the Minister and thank him for staying to listen to our statements on the guidelines. It is good he has submitted them for consultation, as it gives us an opportunity to brainstorm and reflect in advance of the Minister's return. Our discussion of the guidelines in conjunction with the planning laws is necessary. In the context of the guidelines, we may need to re-examine how the laws fit into the overall plan.

As the Minister stated, good planning is a necessity and not an option, a good line with which to start my contribution. The development plan is the heart of the system. Having been a county councillor for 19 years, I know something about it and have gone through a few good and bad development plans. South Dublin County Council has reshaped the way it makes development plans and it is working well.

We must consider how best to make our urban designs reflect communities. As with all development plans, small is beautiful and, if one starts at the local level, one will get the rest of it right. Policy must be reflected, but developers, planners, architectural teams, councillors and communities must work hand in hand. Councillors and communities know the localities and reflect the areas and their needs, such as in terms of public transport. They know the necessary linkages, be it in terms of schools or health services. Those involved must work together to get the plan right, which I appreciate is stated in the draft guidelines. The best way for the team to work must be implemented.

Most housing schemes to date have comprised members of a single age group. I hope future guidelines will introduce diverse households and age groups, which will make for better communities. An integrated approach should deliver housing for the elderly, a good social mix and social and affordable housing. I grew up in a small village where there was a great concept of the village. Everyone was integrated and one could leave a key in a door. While that may no longer be the case, we should aim for an area's people working together to return their community's soul. After 8 a.m. when people turn keys in doors in many communities that I represent, nothing occurs because everyone goes to work, crèches, primary schools or secondary schools. They have no community facilities and children must go to school and develop friendships outside their areas. I want to move away from this and ensure diverse age groups and households, which will help to re-invigorate community spirit, renew the social fabric and restore quality environments.

Local people know what is occurring. For example, neighbours will play a role if an elderly person needs help. We would not need the health services that are being demanded if we had a good social mix with people caring for one another. This is missing. My vision is to activate rural Ireland and to decentralise. I do not want villages and towns to become extensions of cities because each has its own fabric. All new schemes must be responsive to the heritage of villages and towns and reflective of what is present. The schemes should focus on how best to protect and enhance the business community because, if they do not, we will not respect those who have built the communities.

Many lovely towns and villages throughout the length and breadth of Ireland are being neglected. We must ensure we activate them. My main concern is streaming everything towards top-heavy cities while neglecting the fabric of rural societies. If we activate towns and villages, we will have a fine society.

If the houses being designed are near open spaces, there need not be many gardens in large urban areas. Houses should be developed close to open parks and spaces to allow for amenities, such as walking, cycling, active or passive sports, leisure activities and so on. These factors should be developed in communities. Young people should play in their areas instead of being transported four or five miles down the road. For this reason, it is important to get linkages right and to connect with the Department early on, which I acknowledge is provided for in the development plan.

I hope the Ministers feel as strongly about another matter as I, namely, the new development in Donnybrook, Ballsbridge, Dublin 4. I am concerned.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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So are we.

Photo of Ann OrmondeAnn Ormonde (Fianna Fail)
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It will destroy the fabric of Donnybrook, Sandymount and Ballsbridge. I hope the high-rise development is not allowed to the extent proposed. I have taken a lead in this respect because it is of concern to the area, which I hope the Minister will acknowledge.

The Minister stated that once-off housing was not included in the guidelines, which I accept. However, once-off housing is a part of village development. The children of an area's farmers should be allowed to build their houses in that area. This is rural activity beginning to play its part and must be incorporated in the village concept. Farmers' sons, daughters, nieces and nephews should be allowed to come home after living outside the area and to build therein without being made to live in clusters. It is in the nature of many people who grew up in rural parts not to want to live near other houses and we should not deprive them of that option.

I look forward to seeing the Minister again. I welcome the drafting of the development plan. I acknowledge some of the points raised by my colleague opposite, Senator Coffey, because we both have the same concept of the village.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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Senator Ormonde is trying for transfers.

Photo of Ann OrmondeAnn Ormonde (Fianna Fail)
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I hope the Minister will reflect our opinions on how to protect the heritage of our areas and ensure we respond to the past while building to the future.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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With the permission of the House, I would like to share time with Senator Buttimer.

Photo of Pat MoylanPat Moylan (Fianna Fail)
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The Senators have four minutes each.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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I welcome the Minister, as everyone respects that he is decent and caring in terms of the environment and, I am sure, in all other respects. I welcome his comments, none of which I disagreed with. Nor did I disagree with the comments of my erstwhile colleagues, including Senators Buttimer, McFadden and Donohoe. I also mention Senator Coffey, who led for Fine Gael. I like the Minister's ideas on the ever-expanding footprint of our urban area and the need for concern. These are draft guidelines and I welcome the Minister's decision to put them out for consultation. There also may be a need for directives because so many developments have been developer-led.

I fully support the Minister's concept of properly-designed development by planners with the input of councillors in advance. I particularly welcome the Minister's statement that high density development does not necessarily mean high rise development. As for the Minister comments on preplanning, it should be encouraged but does not always take place. It should take place with any large-scale development. There has been some disastrous leapfrogging with regard to planning and sometimes, unfortunately, local authorities were at fault. Developers will go where they have land and will do everything to get it. As Members are aware, such land often lacked all the necessary ancillary developments and infrastructure.

The guidelines contain highly laudable objectives and I also greatly welcome the Minister's comments to the effect this does not refer to one-off rural housing, which is necessary to cater for country people. I refer in particular to those who have come from the land and, given the cost of sites, who have been left sites at home, which constitute their only hope of getting on the housing ladder.

Perhaps the Minister is encouraging councils to deal with the issue of high rise development but in the first instance, councils must decide where it is acceptable, if at all. There has been a lack of sufficient policy support. Most councils do not have a framework pertaining to high rise development at present. It should only be acceptable in some of the larger cities in specified location. Senator Ormonde referred to Ballsbridge. I also wish to mention it because it has received much attention and matters could go disastrously wrong. As I understand it, the area is zoned residential in Dublin City Council's plan. A basic tenet of planning policy is that there should be a harmonious relationship. As the Minister has stressed, it must be in keeping with the character of the area. High rise developments should not be tolerated where they will dwarf other buildings. In the case of Ballsbridge, there is a fine row of Victorian residences and I do not know how the proposed development will blend in with it. While I do not make a judgment in this regard, the height that is being sought seems to be rather peculiar.

Photo of Pat MoylanPat Moylan (Fianna Fail)
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The Senator now has moved into Senator Buttimer's time.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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As I do not wish to so do, I will conclude.

Reference has been made to other landmark buildings that already exist there, such as the RDS, the Allied Irish Bank headquarters and the United States Embassy, none of which are high rise. One must be very careful in respect of that area.

Photo of Jerry ButtimerJerry Buttimer (Fine Gael)
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Cuirim fáilte roimh an Aire. While Opposition Members welcome the publication of the guidelines and their general thrust, the Minister's bona fides are not questionable and I accept he will put the needs of communities ahead of those of developers. This must be done now and Members must see real action. As the Minister is aware, there has been a litany of bad planning decisions, which have served no one well. I agree with the comments made by the Minister when he spoke of the need for proper planning and sustainable development. Equally, accountability is required on the part of planners and An Bord Pleanála. It is extraordinary that a board inspector can make a decision which can be overturned subsequently by the board with no accountability. This is wrong and must be changed.

In the context of the guidelines, complete integration is required and Senator Coffey is correct. Multidepartmental roles are envisaged, which is a fabulous and wonderful aspiration but Members cannot get answers from a single Department, let alone a conglomeration of Departments. I wish the Minister well in this endeavour and hope he will succeed in achieving this because I am sceptical.

Delivery on this issue is needed. Urban planning has vexed many ordinary citizens, who feel let down by planning decisions. I do not blame councillors in this respect. I blame planners who are accountable to no one. There is accountability in respect of the public representatives on councils but in some cases there is no accountability regarding planning.

For example, I refer to the Minister's Cabinet colleague, the Minister for Enterprise, Trade and Employment, Deputy Micheál Martin. In Cork, he opposes co-location and the building of a new hospital on the Cork University Hospital campus while promoting it at Cabinet level. There should be proper delivery in respect of communities. I disagree with the Minister in that sustainable communities and proper planning are sound-bites, which form a great lexicon and make for great reading. While this makes great sense, Members have not and do not see it happening. Developers have run amok. I refer to the absence of infrastructural development and community facilities. One could cite Dublin 15, Cork South-Central or any part of the country in which some developers have failed to deliver. I refer to some, rather than all, developers. They have not delivered and joined-up thinking is required to integrate services such as public transportation, schools and community facilities. The onus in this regard must be placed on developers.

If the Minister does nothing else in his time in charge of the Department of the Environment, Heritage and Local Government, he should do as Senator McFadden suggested. There should be estate management and they should be taken in charge. There should be accountability regarding local residents and ordinary citizens who fell powerless in this regard. There should be action in this respect.

With regard to the 10% rule, while I understand the Minister's perspective, he is being restrictive and is preventing towns from developing, which would be the wrong thing to do. People must be encouraged to move into towns and in the context of rural Ireland, regeneration is required and life must be brought back to communities. This can be done by avoiding restrictions on the manner in which they can develop.

As for population projections, while the theory is good, sometimes the practice is wrong. The Minister should not base everything on population theories. The public realm must be enhanced, which means proper houses and not shoe boxes.

Photo of Déirdre de BúrcaDéirdre de Búrca (Green Party)
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I welcome the Minister, Deputy Gormley, to the House. I also welcome the publication of the draft planning guidelines on sustainable residential development in urban area and the accompanying best practice urban design manual. It is fortunate that every time the Minister comes into the House it is with a good news story. I congratulate him for grasping the challenges that faced him in his Department.

It has become clear from the contributions of Members across the House that most believe the planning legacy of the Celtic tiger was less than one might have hoped. This resulted from a coincidence of a massive explosion in demand for housing both for residential development and much speculative development. Local authorities were overwhelmed and under-resourced and planners were being stretched. Had these guidelines which the Minister is introducing and which have sustainable development at their heart been in existence before the Celtic tiger took off, very different development might have taken place.

Nevertheless, I welcome their production. The guidelines state that the number of homes in the country is expected to increase from 1.8 million to 2.5 million by 2020. Consequently, much construction and much residential development will happen in the coming decade. It is gratifying to see the kind of guidelines the Department has produced because they will put sustainable development at the heart of the residential development that will take place. They will do so because the energy scenario which future communities and neighbourhoods will face is very different to the one we have experienced until now. The price of fuels on which people rely to travel to work or go shopping will become increasingly expensive, so there is an onus on planners to ensure people can live within a reasonable distance of their workplaces. Developments should not presume automatic access to several cars per household or that people are able to shop at large supermarkets located some distance from their homes. The guidelines make it clear that we have to be aware not only of rising prices and our energy future, but also of our carbon footprint. Residential developments should minimise our carbon footprint rather than contribute to it.

The Minister has considered social sustainability and the need to build communities. He has also discussed the need for private open spaces in apartment dwellings. Unfortunately, many residential developments over the past decade have viewed people as economic units and focused on providing them with somewhere to live and access to work while failing to consider elderly and disabled people or children, who have needs for all kinds of facilities and services. An integrated approach is being taken, with an emphasis on the need for amenities, convenience and green spaces and playgrounds. The guidelines advise on liaising with the planning unit within the Department of Education and Science to ensure schools are provided in an integrated manner.

Observers of this country's planning policies over the past decade have expressed concern about whether these guidelines will be implemented and enforced by local authorities. However, if the willingness is there, they can be enforced. The guidelines provide a policy framework within which local authorities and An Bord Pleanála can make planning decisions. A case was taken to the High Court challenging what was considered to be over zoning by Meath County Council. The court ruled that while local authorities had to have regard for guidelines, they were not obliged to follow them. I ask the Minister to comment on how authorities can be encouraged to operate within the guidelines.

Unless we want to continue the existing pattern of suburbanisation and the unsustainable sprawl of towns and cities, we have to consider higher density developments where appropriate. I agree with the planning guidelines in regard to where high density developments should be located. They must be adjacent to public transport corridors because the dependence on cars of large numbers of people concentrated in smaller areas has implications for traffic congestion. I note the emphasis in the guidelines on integrating land use and transport planning. Unfortunately, local authorities have little if any influence on the provision of public transport even though they are closely involved in roads delivery. The guidelines stress the importance of involving all statutory bodies and agencies when local area plans are devised. An integrated land use and transport authority for the greater Dublin area would be positive in that regard.

I welcome the focus in the guidelines on small towns and villages. In my constituency of County Wicklow, problems have arisen from the unsustainable way in which towns and villages have developed. The guidelines recommend that where local area plans are not in place, extensive development should not occur. That makes sense because without the structure of a local area plan, developments can fail to integrate communities or consider the future. In addition, where land is not zoned for development, there is no Part V obligation on the part of developers, so local authorities could lose out on social housing stock.

I congratulate the Minister on the timely production of the planning guidelines. Local authorities need this policy framework. Every speaker has welcomed the guidelines in one way or another but we should realise that the decisions our parties are making at a local level affect planning and zoning. Our support for the guidelines should filter down to party members at local government level so everyone can understand sustainable development is the way forward.

Photo of Pearse DohertyPearse Doherty (Sinn Fein)
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Cuirim fáilte roimh an Aire agus roimh na treoirlínte. Tá sé thar am go bhfuil na treoirlínte againn. Níl dabht ar bith le blianta beaga anuas go bhfuil na conraitheoirí móra ag cur brú ar na bailte ar fud an Stáit, agus nach raibh na treoirlínte in ann cosc a chur orthu agus cinntiú go raibh an forbairt a bhí idir láimhe acu an forbairt ab fhearr don todhchaí agus go raibh sé fite fuaite le seirbhísí taisteal, iompair agus sóisialta. Níos mó ná treoirlínte, tá gá le reachtaíocht — ní cheart dúinn é seo a fhágáil leis na comhairlí chontae i gcomhthéasc na pleananna forbairthe.

I welcome these comprehensive guidelines, although clearly a number of questions will arise in respect of them. Guidelines which put an end to the developer-led approach to planning are long overdue. We need balanced and sustainable development that ensures our towns and villages are viable and that the social and infrastructure needs of vibrant communities are met.

Chapter 6 of the guidelines concerns smaller towns and villages and section 6d advises that significant developments should only be considered by local authorities where a local area plan has already been adopted. As a former councillor and member of a planning strategic policy committee, it is a good idea because we were unable to deal with local development through a county development plan. Local area plans are the way to proceed in this regard. However, my county of Donegal has more than 100 towns, which would require the same number of local area plans. If these guidelines are to be adopted, there is a need to invest resources in the planning departments of local authorities throughout the country.

Photo of Nicky McFaddenNicky McFadden (Fine Gael)
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Hear, hear.

Photo of Pearse DohertyPearse Doherty (Sinn Fein)
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If one talks to any councillor throughout the State, one will hear that one of the major frustrations concerns trying to liaise with the planning sections. Councillors understand the burden the planners are under in trying to deal with enforcement, regulations and the huge number of applications, particularly given the construction boom, and while perhaps they will not be as busy in the future, they are stretched at present. If there is a need to have area plans for all of the towns and villages of 400 plus under the guidelines, that is a change from existing legislation and, therefore, resources need to be put into the forward planning units of the councils.

Sometimes we are very good in terms of providing guidelines or legislation but very bad at the follow-up and providing resources to back them up and implement them. Having listened to the Minister's contribution, there is little with which I would disagree. I agree with his sentiments and the approach he is taking. However, the details of how we enforce legislation and roll it out need to be followed up.

Chapter 6.3(e) states that individual applications can be no more than 15% of the housing stock in a village at any given time. While that is to be welcomed as a means of ensuring no one developer builds a massive residential or other development within a town, we also need to put a cap on the number of individual applications that are made. Over the lifetime of a plan, one could have 20 individual applications of up to 15%. It is a rolling process and one could see the doubling of the size of a village within the lifetime of a plan, which would not result in proper development. It is an issue that needs to be examined.

We presume that towns and villages are serviced but the reality is that many are not, and will not be for a long time under the approach by the Department to funding for capital projects, particularly water and environment projects. In Donegal, for example, over a four-year programme the contributions that will be amassed from the public in development contributions for sewerage schemes throughout the county amount to €32 million yet over €120 million is required by Donegal County Council to meet its part of the matched funding. The council has two options, therefore. One is to not provide sewerage schemes in towns and villages and the other is to increase development charges by 400%.

If we are to have sustainable development and higher density in towns and villages, we need to provide services and provide for those in the planning departments who draw up the local area plans. We also need to row back on the idea whereby local authorities are asked to put up close to 40% of matching funding to develop sewerage schemes, which cannot be done at this time.

Photo of Nicky McFaddenNicky McFadden (Fine Gael)
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Hear, hear.

Photo of Pearse DohertyPearse Doherty (Sinn Fein)
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It will not be possible to do it for the foreseeable future unless the local authority is a very rich one, of which there are few, if any.

The Minister refers in the document to proposals on limits for lower density, which would be an alternative for those who want to build one-off housing. In many of the towns and villages in my county, such as the one in which I live, many people build one-off houses. Will this still be allowed to happen under these guidelines? If somebody has half an acre of land, perhaps family land, can that person build for himself or a daughter, for example, or are these proposals geared so that if all land in the town or village is zoned residential, the development needs to be of high density? The Minister said that this has nothing to do with the one-off housing but a number of references suggest that this provides an alternative to one-off housing.

I am concerned about the way we are dealing with one-off housing. The 2005 guidelines need to be tightened up and strengthened. We need to allow people the right to build on their own land in their own communities and give life back to rural Ireland. What we have seen since the publication of the guidelines is a constant stepping back while more challenges and difficulties are put in place for people trying to build on their own land in rural areas. While I welcome the idea of proper integrated planning in towns and villages, we need to accompany this. I ask the Minister to examine the rural planning guidelines and to come up with an approach, as he did with the urban guidelines, to strengthen them in order to allow people the right to build on their land for one-off housing.

Photo of Jim WalshJim Walsh (Fianna Fail)
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Cuirim fáilte roimh an Aire. Cé nach bhfuil mé iomlán sásta mar gheall ar an ábhar seo, molaim an tAire as ucht an méad atá déanta aige.

I welcome the Minister to the House. Before getting into the substantive issues, there is a need for elements of uniformity throughout the country with regard to planning. Planning guidelines should be seen as guidelines, because there are local issues which obviously impact. If the Minister subscribes, which I am sure he does, to the autonomy and empowerment of local councils, it is obvious they must be allowed to make their own decisions as to what is best in their own localities for the communities they represent.

Some issues I have noticed in recent times are a cause of concern. In my constituency, in a traditional area of Wexford town, the Faythe, where there are many elderly residents, there has been a recent trend for businesses to buy houses which were formerly residential. These are affordable houses, perhaps for single people or couples, and convenient to shops and so on. The businesses buy them simply because it is a cheap opportunity to access office accommodation. As a consequence, traffic and various other problems arise which have seriously impacted on the quality of life of the people living in the area. Within the guidelines, we should have some preservation of old housing stock so it would remain as part of residential housing stock rather than having it acquired by people in business in an opportunistic manner. Businesses should be located in some of the newer office estates which surround our towns, where there are parking and other facilities, rather than imposing the difficulties associated with them on residential areas.

We have previously debated the taking over of housing estates by local authorities. There needs to be a much closer monitoring of developments by local authorities because when it comes to the taking over of estates it is often discovered that there are various impediments because the developers have not fully conformed with the planners' original outline. At that stage, it is too late for the situation to be corrected. Issues such as ramps, community facilities and so on should be part and parcel of the estates being built.

The Department does not always get it right. I commend Dublin City Council, of which the Minister was Lord Mayor some years ago, because in the past 12 months it brought out new guidelines for the development of apartments in the city. It is fair to say that the Department lacked the vision which the city council has shown. The size which is allowed in the guidelines from the Department is much smaller than that introduced in the Dublin City Council guidelines. Across the city and elsewhere, we have seen very poor quality apartments built. The former Dublin city manager, Mr. John Fitzgerald, speaking at an Oireachtas sub-committee some time ago, stated that the new social problems will be in the section 23 apartment blocks in the city and other parts of the country. That is because the design and quality was not of a sufficiently high standard. People bought them on the basis of tax breaks and no significant thought went into that.

I was a proponent of Part V because I thought it was a good republican philosophy to encourage a mix of people in residential areas. It was a very courageous move by the then Minister, Deputy Noel Dempsey. As it is almost seven years since its inception, it is time to review Part V and look at the consequences of it. In some areas people found it difficult to maintain the houses or apartments allocated to them and the disparity in income among residents led to social difficulties also.

As part of a review we should examine whether it is preferable for the 20% of land which developers give to local authorities at its original cost base, be it agricultural or whatever, to be used for sports fields and community facilities. Many of us are of an age to remember big open spaces when we were growing up in which one could play hurling, football or soccer adjacent to where one lived. All that land has now been developed. A potential volcano of problems is being built up as a consequence. I urge that we examine this matter.

At the time we all felt Part V was imposing an obligation on developers but in practice it has imposed an obligation on purchasers, especially first-time buyers who picked up the additional cost due to developers not getting the value from that portion of the land. Developers should also be involved in the provision of community facilities.

I fully support some of the objectives outlined in the draft guidelines, such as setting out stronger planning requirements to facilitate the development of sustainable communities. That is really what it should be about. In setting out the guidelines the Minister has clearly identified the objective. Setting high standards in terms of space and facilities to meet our needs is something to which we should fully adhere. I am somewhat disappointed, however, because I fear the Minister has run with the mantra of the Department in terms of higher density. From being involved with one or two very small developments I am aware that the more units one can get on a plot of land, the more profit one will make. I also accept the arguments regarding transport and CO2 but I question why no reference was made to the huge social problems which will be created by aiming for high density and not giving people space.

I accept that urban sprawl is a challenge but in provincial and rural Ireland the last thing we need is high rise apartment blocks, 20 houses to the acre or 50 houses to the hectare. That is a major issue and it is one which I urge the Minister to re-examine. While we may be meeting some of the criteria on the transport side I have no doubt about the social consequences of having people congregate in built-up areas. This is not necessary in rural Ireland where there is plenty of land. We are a very low density population. A total of 4.2 million people live in this part of the island and 6 million people overall live on the island. If we continue looking for this type of very high density what took place in Finglas on St. Patrick's Day will be replicated in various areas around the country.

I have discussed this issue with planners and they concur that there is no necessity for high density. It is a developer's charter and will add to the profits of developers but it is not in the long-term benefit of the social fabric of the communities we wish to create. I urge that this be examined in terms of the direction in which we are going as the disadvantages outweigh the advantages from the point of view of transportation and CO2.

Photo of Martin BradyMartin Brady (Fianna Fail)
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I thank the Minister and his officials. His guidelines generated a discussion on various issues connected with planning with which we are all familiar. I concur with what Senator Walsh said about high density apartments and estates. I referred to this issue in my contribution, as did Senator Coffey. Policing is impossible in some of these estates because all the roads are through roads and there are no culs-de-sac. I welcome the guidelines and I look forward to their implementation.

I would like to see local authorities playing a more responsible role in planning. Residents' associations should be involved at the consultation stage. When planning permission is sought, in general, variations are introduced a month later. This is very confusing as there can be three or four different stages of variations. Allegations have been made that builders and developers do this deliberately to confuse people. This is something on which we should keep a close eye.

The guidelines promote the notion that estates would be made more user-friendly for transport, especially buses. Proper parking spaces are required. We should not provide park and ride facilities in the middle of or adjacent to housing estates. This has happened in some areas and it results in additional traffic which is a safety hazard.

I thank the Minister and the Members of the Opposition who made valuable contributions. We all benefit from listening to each other. The debate was interesting. I commend the motion to the House.

Amendment put.

The Dail Divided:

For the motion: 12 (Paul Bradford, Jerry Buttimer, Paudie Coffey, Paul Coghlan, Pearse Doherty, Frances Fitzgerald, Dominic Hannigan, Nicky McFadden, Joe O'Reilly, John Paul Phelan, Phil Prendergast, Alex White)

Against the motion: 24 (Dan Boyle, Martin Brady, Larry Butler, Peter Callanan, Ivor Callely, John Carty, Donie Cassidy, Maria Corrigan, Déirdre de Búrca, John Ellis, Cecilia Keaveney, Marc MacSharry, Brian Ó Domhnaill, Labhrás Ó Murchú, Francis O'Brien, Denis O'Donovan, Fiona O'Malley, Ned O'Sullivan, Ann Ormonde, Kieran Phelan, Shane Ross, Jim Walsh, Mary White, Diarmuid Wilson)

Tellers: Tá, Senators Paudie Coffey and Nicky McFadden; Níl, Senators Déirdre de Búrca and Diarmuid Wilson.

Amendment declared lost.

Motion put and declared carried.

Photo of Pat MoylanPat Moylan (Fianna Fail)
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When is it proposed to sit again?

Photo of Donie CassidyDonie Cassidy (Fianna Fail)
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Amárach ar 10.30 a.m.