Seanad debates

Tuesday, 24 March 2015

12:00 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)
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I call Senator Heffernan.

Photo of James HeffernanJames Heffernan (Labour)
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Before I begin, am I precluded from mentioning names in a Commencement debate?

Photo of Paddy BurkePaddy Burke (Fine Gael)
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Yes, you are.

Photo of James HeffernanJames Heffernan (Labour)
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Fair enough. I just wanted to clarify that before I started.

I welcome the Minister of State, Deputy Ann Phelan. My matter is fairly straightforward in that I ask that a response be given to a resolution that was passed by Limerick County Council in November last. As far as I am aware, Limerick County Council has received no response at all from the Department of the Environment, Community and Local Government. It is not acceptable, when councils pass motions and they are forwarded to the relevant Ministers, that no official response comes back to them. It shows a disregard for the work of elected representatives, in particular county councillors, if the Minister in charge is going to ignore them.

I will give a brief history of the particular complaint. I am calling for an independent investigation in regard to a couple of planning matters. To be clear from the outset, the applicant himself does not dispute the fact that he was refused a planning application; that is fine and is accepted. What is in question here is the manner and the method whereby that application was allowed to proceed. There is a perception that there was maladministration on the part of Limerick County Council when it was dealing with the applicant, in that he was left to go too far along a stage with the application while the planners seemed to be of a view that it was never going to be approved in the end. The argument the applicant is making is that, under the guidelines as set out by the former Minister, Mr. Dick Roche, in 2007, if something was going to affect the outcome of a planning decision, the applicant should be made aware of such a problem at the pre-planning stage. The whole argument of this applicant is that this procedure was not followed. This is not about the outcome and it is not the case that he was going to appeal to An Bord Pleanála. He agreed with the outcome. It is just his feeling that it should not have gone so far.

This matter has been brought to the attention of the Office of the Ombudsman. I am not sure if it was properly picked up that the guidelines as set out in 2007 by the former Minister do not seem to have been followed. All the members of Limerick County Council, of all parties, to my knowledge, are in agreement that an independent investigation should take place because they feel there was certainly maladministration when it came to these particular applications. I would like to hear the response from the Department to the resolution that was unanimously passed by Limerick County Council back in November.

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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Although the Cathaoirleach has ruled it is not appropriate to mention names on particular planning matters, it would be fine to give the matters privately to the Minister of State, if he wanted her to investigate it properly, as she may need the extra information.

Photo of James HeffernanJames Heffernan (Labour)
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I think the Department is well aware of the matter.

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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I thank the Senator for raising this issue. I am taking this Commencement matter for the Minister, Deputy Alan Kelly.

Under section 255 of the Planning and Development Act 2000, the Minister for the Environment, Community and Local Government has certain investigatory powers in regard to the review of the performance by planning authorities of their functions under the Act.These powers are, however, restricted to the review of the organisation and of the systems and procedures used by planning authorities in relation to their functions. They do not extend to the review of individual planning applications.

Under section 30 of the Planning and Development Act 2000, as amended, the Minister is specifically precluded from exercising any power or control in regard to any particular planning application with which a planning authority, including An Bord Pleanála, is or may be concerned. Section 224 of the Local Government Act 2001 enables the Minister to authorise a person to prepare a report for him or her regarding any matter arising in relation to the performance of functions by a local authority.

I understand that the matter raised relates to a planning applicant who has complained about the handling of two planning applications by Limerick County Council in relation in particular to pre-application consultations entered into by the person concerned with the council. I further understand that the person in question complained about the council's handling of his planning applications to the previous Ombudsman, who did not find any maladministration by the council in this matter, and that this decision was upheld on appeal. I also understand that the Ombudsman, as an exceptional matter, granted a further review of the case, following which the previous finding was upheld. The person subsequently made a further complaint to the current Ombudsman who found that while there were some failings on behalf of the council in this case, these did not constitute significant maladministration.

I am satisfied that the matters complained of have been already comprehensively investigated on a number of occasions by the Office of the Ombudsman on an independent third party basis and, consequently, I am satisfied that no further investigation of the matters which were the subject of the complaints is required.

Photo of James HeffernanJames Heffernan (Labour)
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I take on board the Minister of State's reply. Many people have provided sworn affidavits in this case, including elected representatives and people who represented the applicant in his consultations at pre-planning level. This is not about the final planning decision. It is about what occurred prior to it. The point being missed by the Department and the Ombudsman is that the guidelines as set out were not followed. That is what the applicant is saying and what Limerick County Council elected members believe, and for that reason tabled the motion referred to.

I understand this matter does not come within the remit of the Minister of State, Deputy Phelan, but I would urge that the Department reconsider the matter in light of the precedent that has been set in County Donegal whereby some applications, in terms of irregularities regarding planning decisions, are being looked into by a third party appointed by the Minister. I believe a similar approach should be taken in this case because it may be that this is not an isolated incident and that there are other people who have suffered similarly as a result of pre-planning meetings not having adhered to the regulations as set out in the previous Act.

Photo of Ann PhelanAnn Phelan (Carlow-Kilkenny, Labour)
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If I understand the Senator correctly what is at issue is not the decision on the planning application but the pre-planning process. Pre-planning meetings are often open to interpretation in that while one person says one thing, another person hears something else.I have dealt with some planning applications and put a lot of store in pre-planning meetings. I would always advise people to attend pre-planning meetings, but I advise that the pre-planning meeting is not the actual planning process. I am interested to know why, for example, the applicant did not go to An Bord Pleanála. I will outline another avenue that could be pursued. The Senator referred to elected members. The elected members might like to debate such a matter in the chambers of the council in order to examine the guidelines, but perhaps that already happens.

I would like to draw the Senator's attention to political interference in planning applications. It is something we accept is not done in this country any more. Political interference in planning applications led to a lot of tribunals, and long drawn-out tribunals. I think sometimes a local solution to a local problem is a better idea. I shall convey the Senator's concerns to the Minister. It may be a wise course for him to speak to the local authority again. As stated in the report, the Minister is not allowed to investigate individual planning applications.