Paddy Burke (Fine Gael)
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I welcome the Minister for Transport, Tourism and Sport, Deputy Paschal Donohoe, to the House.

Paul Bradford (Independent)
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In welcoming the Minister back to the Seanad, I express a sincere hope that this is not a sign of things to come.

I raise this issue with the Minister because several weeks ago, when I raised a similar matter with the Department of the Environment, Community and Local Government, I was advised by the Minister of State at that Department, Deputy Ann Phelan, to contact the Minister for Transport, Tourism and Sport as his Department liaises closely with the National Roads Authority.

I am seeking a review of the impact a rather black-and-white policy being pursued by the National Roads Authority is having on the ability of families, especially farming families, to build residences on national secondary roads. I stress that I am fully committed to road safety. In my time as a county councillor I made many representations on planning matters. In cases in which disputes arise and there is any shred of doubt or difficulty about road safety, we must always err on the side of caution.

I have encountered a significant number of cases where, despite road safety, sight distance, etc., not being compromised or in doubt, the NRA's blanket policy has impinged on a council's decision on whether to grant planning permission for houses on national secondary roads. In one case in north County Cork, in which I was not involved, the authority successfully appealed a decision by Cork County Council to grant planning permission for a residence for a small business operation to An Bord Pleanála. While I fully respect the road safety perspective of the National Roads Authority - long may it continue - individual cases must be considered from a social and economic perspective from time to time. In cases in which a farming son or daughter is unable to build a house on the family farm, we will have a ridiculous scenario in which the applicant will be obliged to build or buy a house three or four miles away and traverse the secondary route in question several times a day. Some dairy farmers will visit a farm two or three times in the middle of the night during the calving season. The broader safety perspective must also be taken into account.

In so far as the Minister has powers in this area, I ask him to liaise with the National Roads Authority to ascertain whether there is a reasonable prospect of council engineers discussing individual cases with a local office of the National Roads Authority in an effort to alleviate problems. I am reluctant to call for discretionary powers, as this term is a throwback to all the funny political decisions made in the past. The number of cases involved is probably not more than a few dozen, or three or four per county, at any given time and certainly does not run into the hundreds. On a day when the Government is launching what will, I hope, be a visionary policy on agrifood and rural areas, it is important to ensure that farming families are facilitated in living on the family farm. This will require a careful examination of planning issues.

I thank the Minister for listening. I do not expect him to perform miracles today. I ask him to discuss with the National Roads Authority the possibility of shifting its black and white policy towards one in which there is a prospect of dialogue in individual cases. County councils will not approve a planning application if there are any doubts about road safety. As a result of a national policy pursued by the National Roads Authority, they are now reluctant to give serious consideration to planning applications for dwellings alongside national secondary roads. I ask the Minister to reflect on the issue with a view to improving the current position.

Paschal Donohoe (Dublin Central, Fine Gael)
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I apologise to the Cathaoirleach and Senator Bradford for keeping them waiting. I thank the Senator for his comments on my fortunes. I am not sure if I should express a view on whether I look forward to seeing him back in the House. In any case, I extend my best wishes to him in his endeavours and do so in the same spirit as he extended his best wishes to me.

The short answer to the Senator's question is that I am open to examining this issue. This should initially involve engagement with the Department of the Environment, Community and Local Government on planning decisions made by local authorities.

I am aware of the issue the Senator raises, as it has been brought to my attention previously. I take a similar approach to it as he does, and I expect those who are involved in the relevant decisions to adopt a similar approach. This means, as the Senator acknowledged, that while primacy must be given to road safety, we must also seek to facilitate a relatively small number of developments or applications as a means of supporting ongoing changes in agricultural families and communities.

Having raised matters related to funding previously, Senator Bradford will be aware of the policy background to this issue and my responsibilities in this regard. I have responsibility for overall policy and funding, while the National Roads Authority has a statutory responsibility under the Roads Acts 1993 to 2007. The NRA works with local authorities in performing its duties under the legislation. I understand the Minister of State, Deputy Ann Phelan, commented on this matter and acknowledged that decisions as to whether to grant planning permission in any particular case are a matter for the relevant planning authority, whether a local authority or, on appeal, An Bord Pleanála.

Local authorities must have regard to the local development plan, any relevant ministerial or Government policies, and national guidelines. All of this work must be completed within the framework of planning legislation. As a statutory consultee under planning legislation, submissions or comments on planning applications and proposed developments constitute the National Roads Authority's primary input into the planning process. My understanding is that the approach adopted by the authority in making such submissions or comments is to seek to uphold official policy and guidelines.

Senator Bradford acknowledged the importance of road safety. As he is aware, access to roads must be managed, as must conditions on roads. Access is particularly restricted in the case of national roads, to which speed limits of 60 km/h apply, whereas a less restrictive approach is allowed for in the case of transitional zones close to urban centres and within 50 km/h zones. The Road Safety Authority's strategy for the period from 2013 to 2020 includes an action to reduce the number of access points outside speed limit areas on national roads by 5% by 2020.I accept this will have consequences for road users, particularly people who are seeking to develop or access roads. However, I am sure the Senator will appreciate that from a Road Safety Authority point of view, the two main issues are the frequency with which additional vehicles access roads, particularly national roads that can be very busy, and the speed at which those vehicles access those roads, which often is very different from the speed at which vehicles already on that road are travelling. This can have consequences for road safety that need to be managed.

As stated by the Minister of State, Deputy Phelan, under section 2.6 of the guidelines, in exceptional circumstances planning authorities may identify stretches of national roads where a less restrictive approach may be applied, but only as part of the process of reviewing or varying the relevant development plan and having consulted and had regard to the advice of the NRA in line with the approach set out in the guidelines. It is a matter for planning authorities to consider the implementation of section 2.6 of the guidelines in respect of sections of relevant national roads and in the context of the development plan for that region, county or area.

As I said earlier, I am open to looking at the issue in conjunction with the Minister for the Environment, Community and Local Government but I do not want to create expectations about potential changes in the guidelines as this could lead to further expectations to which I would then have to respond, and, primarily, because of the impact this would have on the progress we are making in relation to road safety. I have listened to the points made by the Senator and I agree this is an issue that merits further examination. My Department will engage on the matter with the Department of the Environment, Community and Local Government in the context of the planning laws already in place.