asked the Minister for Local Government if he will make available to all local authority members copies of recent circulars from his Department dealing with the building of a national primary road system and of the circular dealing with the over rigid interpretation of planning regulations by local authority executives.
Ceisteanna — Questions. Oral Answers. - Departmental Circulars.
151.
Naturally I favour the principle that important circular letters from the Department should be brought fully to the notice of all local authority members but I would prefer to leave it to the discretion of individual authorities to determine how this is done. I understand that in some cases such letters are read at meetings and in others they are attached to the agenda. I have no doubt that if members of any authority wish to have copies of a particular circular letter they will be provided with them forthwith and, if required, my Department would be glad to co-operate by making additional copies available.
I understand that copies of the circular letters referred to by the Deputy have been circulated to members of the Tipperary (North Riding) County Council at a recent meeting.
152.
asked the Minister for Local Government if he is aware that circulars issued by his Department to local authorities in connection with planning are sometimes of an apparently contradictory nature and may be at variance with the development plans of local authorities; and if so, if he will make a statement on the matter.
I understand that the Deputy's concern is with the effects on local planning policies of circulars on planning matters issued by my Department. Such circulars are of an advisory character and they are intended to assist planning authorities in the review of their development plans and in the operation of planning control under the Local Government (Planning and Development) Act, 1963.
The most recent circulars of this kind were issued on 15th January, 1971. One of these dealt with the review of development plans and planning control problems, and the other with the control of development on national routes. Far from being contradictory the circular letters were complementary. The planning circular encouraged planning authorities to improve the quality of their development plans and their planning control operations, to ensure that they would more effectively meet the needs of the public.
Planning authorities were urged to examine their plans, and in particular the restrictions imposed by them. They were asked to be critical in this examination, to establish the really important restrictions that were required and if necessary clarify and strengthen them, and see if others could be curtailed or modified. This would give the public a clearer view of what is not permissible and should therefore eliminate applications for permission, and consequential appeals, that could not expect to be successful. The whole of the planning process would thereby be improved, to the benefit of the public generally. The circular letter generally encouraged planning authorities to co-operate to the maximum with the public in dealing with planning applications and to see if in cases of difficulty some mutually acceptable solution can be reached which will comply with planning requirements.
One planning restriction which could be clarified and strengthened is that relating to the control of access on national routes. This was dealt with in the roads circular, which asked planning authorities to review their policies in this respect in the light of a recent report presented to me by An Foras Forbartha. That report clearly established that frontage development involving the creation of new access points on to main roads carrying fast and heavy traffic reduces the capacity of the roads for the purposes for which they are primarily intended, tends to negative the value of public money spent on their improvement, and has a severely adverse effect on traffic safety.
It is, of course, a matter for the planning authorities themselves to decide to what extent they will adjust their control policies or their general planning policies as expressed in their development plans following the issue by my Department of advisory circulars of the type I have referred to. I would certainly hope and expect that the advice contained in such circulars would be very carefully considered by elective members of planning authorities and their officers; in particular, I expect that pending the legal transfer to me of responsibility for the national roads network planning authorities will discharge their clear duty to protect these roads from development which would be contrary to the public interest. On this point, I think it needs to be emphasised again that the primary criterion laid down in the 1963 Act for the appraisal of planning applications is the proper planning and development of the area concerned. Where the objectives in the development plan are inadequate for this purpose it does not relieve the planning authority of their statutory obligations.
The Deputy may also have in mind that in the circular letter of 26th April, notifying Road Fund grants for this year, councils were asked, when submitting a proposal for the construction or improvement of a national road, to confirm that the relevant planning authority have had regard to the general policy outlined in the circular letter of 15th January on the control of development on national roads. This is perfectly reasonable because, apart from my particular concern for the national roads consequent on the Government announcement as to their future administration, any money spent on the construction or improvement of a section of national road now could be wasted if access is not properly controlled.