Seanad debates

Tuesday, 1 April 2014

Adjournment Matters

Planning Issues

6:20 pm

Photo of Pat O'NeillPat O'Neill (Fine Gael)
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I welcome the Minister of State, Deputy Jan O'Sullivan, to the House.

Photo of Colm BurkeColm Burke (Fine Gael)
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I welcome the Minister of State and greatly appreciate her taking the time to deal with this Adjournment matter. I raise an issue that affects more than 250 houses in the constituency in which I live, Cork North Central. While some of them are one-off houses, some are being built in new housing estates. People are purchasing houses only to find they do not have land-line access, broadband or an Internet service. When one considers the issue of planning, there are all sorts of regulations with regard to services such as water, sewerage connection and many other matters, including road infrastructure. However, one issue in this respect is that no consideration is given to whether communication facilities will be made available to the house purchasers.

I have been dealing with this issue for the past six months in the area in question. I have been on to Vodafone, Eircom, Cork Community Broadband and three or four other organisations but there has been no progress on the matter. The issue was really highlighted a number of weeks ago when people could not contact emergency services after a number of car accidents owing to the icy roads. This is causing a great problem people for people who have bought houses in the area and who are trying to work from home. It is also causing a great problem for people who have children in secondary school or college in that they cannot gain access to Internet services. Access to Internet information to assist with projects for school or college is now part of student research.

I did not realise that this could be such a problem in an area. I was based in Brussels for two years, including 2009. At that time, there was a question about freeing up radio spectrum to ensure everyone could have access to Internet services. We seem to have made very little progress in this area.

The other issue about which I am concerned is that approximately 67% of households in Ireland have access to broadband, whereas the average across Europe is approximately 76%. I am raising this issue in regard to planning. Can it be raised with local authorities so they will make telecommunications infrastructure a prerequisite when granting planning permission? The area to which I refer is stuck between three old telephone exchanges, one in Grenagh, one in Donoughmore and another in Blarney. The area is at the end of the land line from each of the three exchanges. I am making no progress on the matter. With a view to going forward, I ask that future development be taken into account when local authorities are considering the granting of planning permission. Communication services should be included as a condition.

6:30 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I thank the Senator for raising this issue. My reply is general but perhaps I will address some of the specific points at the end.

The priority the Government attaches to achieving greater integration between planning, housing and infrastructure provision is underpinned by the planning legislative and policy framework. It would be inappropriate for a planning authority to determine a planning application solely based on the standard of communications services in an area. In this regard, when making a decision on a planning application under section 34 of the Planning and Development Act, a planning authority is required to consider the overall proper planning and sustainable development of the area, as well as having regard to, inter alia, the provisions of the local development plan and, where relevant, the policy of the Government, Minister or any other Minister of the Government.

Local development plans provide the blueprint for the sustainable development of an area, including the co-ordinated provision of infrastructure and services, including communications. Planning authorities must respond to the circumstances of their local communities when formulating their development plans and identify the appropriate facilities required. Generally, appropriate policies and objectives for inclusion in plans will relate to the allocation and reservation of land for housing, commercial, industrial, agricultural, recreational and other uses, setting appropriate development control standards, and indicating the provision of specific infrastructure and facilities.

Section 10(2)(b) of the Planning and Development Act 2000, as amended, specifically requires a development plan to include objectives for the provision or facilitation of the provision of infrastructure including, inter alia, communications facilities. This objective ensures that planning authorities' development plans can provide policies – for example, to facilitate the delivery and rolling out of broadband infrastructure in line with the Government's national broadband plan, published by my colleague the Minister for Communications, Energy and Natural Resources in August 2012.

Section 11(3) of the Act requires a planning authority to take whatever measures it considers necessary to consult the providers of telecommunications, among others, in order to ascertain any long-term plans for the provision of infrastructure and services in the area of the planning authority.

My Department has issued guidelines to planning authorities on preparing and managing development plans that emphasise the need for the integrated provision of both infrastructure and supporting services to facilitate the development of sustainable communities and provide for a better quality of life in working, home and leisure environments.

My Department has issued guidelines on development contributions to ensure that they appropriately promote the development of areas prioritised in core strategies, with an emphasis on reduced rates or waivers for certain categories of development. In this regard, development contributions – which are levied as part of a planning permission to contribute towards the funding of infrastructure necessary to support the proposed development – are waived to incentivise the; construction of broadband infrastructure. In essence, planning authorities are specifically required to include waivers for broadband infrastructure, namely masts and antennae, in development contribution schemes to incentivise the provision of such infrastructure in local communities.

Taken together, this range of measures is designed to ensure that settlement patterns are sustainable and that development is sited in the appropriate place from an infrastructural and environmental perspective. I have no plans to review the planning regulations specifically in regard to communications infrastructure. However, this issue should feature strongly in the development plans of local authorities. The development levies should assist in providing the infrastructure. However, the point the Senator is making is that the infrastructure should be in place before development occurs. I hope my answer is helpful.

Photo of Colm BurkeColm Burke (Fine Gael)
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I have a major concern about planning authorities and planning contributions. I know of cases in which much development work that was to be carried out was not carried out five years after commencement despite the planning authorities having received planning contributions. There are 250 families affected directly. A new housing estate is being put in place and prospective residents are being told it is an ideal place to live. It is not ideal because people need access to services. We can force all the parties involved in development to come to the table on this issue. Considering that we are quite clear in making sure roads, an adequate water supply and sewerage services are in place, why can we not stipulate that there should be adequate communications services available?

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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In the regional guidelines and the guidelines for development plans, all elements of infrastructure, including communications infrastructure, would be referenced. However, I take the Senator's point that if these are not provided for in a specific case, it presents a difficulty for householders. The relevant infrastructure should be included in the plans. If the Senator argues that planning permission should be refused because there is no broadband, for example, he should realise this might not be possible for the whole country. It is one of the issues that must be taken into account in terms of any planning decisions or development plans drawn up by the local authority.

The Seanad adjourned at 5.58 p.m. until 10.30 a.m. on Wednesday, 2 April 2014.