Vol. 492 No. 3
9 Mr. Broughan asked the Minister for the Environment and Local Government the plans, if any, he has to introduce legislation governing the licensing, size and organisation of hypermarkets in line with our EU partners in France, Italy and elsewhere. [12118/98]
28 Mr. Perry asked the Minister for the Environment and Local Government the Government's position on the imminent threat of British multiple retail outlets to set up hypermarkets in Ireland; if he will define the difference between a superstore and a hypermarket; if his attention has been drawn to the implications of this particular type of development; the plans, if any, he has to control hypermarkets; the plans, if any, the Government has to cap the size of stores as in the United Kingdom; and if he will make a statement on the matter. [12082/98]
I propose to take Questions Nos. 9 and 28 together.
Having fully considered the implications for proper planning and development of further large scale retail shopping development, I instructed my Department to make arrangements for carrying out a study on all the implications of such development with a view to preparing planning guidelines. The preparation of the guidelines will involve a comprehensive study of the wide range of planning issues involved in large scale retail developments having regard to Irish circumstances. I hope to publish a draft of such guidelines for public consultation before the end of the year.
Pending completion of the study and the preparation of the guidelines, I made a policy directive under the planning Acts on 9 June stating that planning permission should not be granted for a supermarket, the retail floor space of which exceeds 3,000 square metres. The directive also restates in a strengthened form the considerations, already contained in the 1982 policy directive, which must be applied to all other large scale shopping developments by planning authorities and An Bord Pleanála. I have also made regulations providing that a change of use of any shopping premises that results in a supermarket exceeding 3,000 square metres shall not be exempted development.
I am satisfied the directive and the regulations will ensure, as an immediate interim measure, that the principles of proper planning and development are upheld by planning authorities and An Bord Pleanála in relation to such development pending the coming into effect of the proposed guidelines.
I welcome the policy directive from the Minister. I believe he was nudged by a number of people but I am glad he acted on this matter. I look forward to the publication of the draft guidelines before the end of the year. Does the directive he has signed apply to applications currently before local authorities or to those on which local authorities have already made a determination and on which an appeal to An Bord Pleanála has been made?
Section 7 of the 1982 planning Act requires local authorities to have regard to general policy directives issued by the Minister. Obviously, the local authorities and An Bord Pleanála must have regard to what the directive states. There would have to be compelling reasons for a local authority or An Bord Pleanála to ignore that directive from the Minister.
I understand the impact of the directive but does it apply to applications which have been determined by a local authority and are currently before An Bord Pleanála? Is it binding on An Bord Pleanála in those circumstances?
An Bord Pleanála must have regard to it.
Even if it predates the directive.
It is still current in the system and it must have regard to it.
Like Deputy Howlin, I welcome the directive the Minister gave, although it was a pity the Minister of State was not in a position to tell me what was in it on the night it was issued. Does the Minister have any reason to believe the provisions of the current directive will be more vigorously applied than those of the last directive issued? Will he clarify whether the retail area specification he has made applies to a supermarket, whether it is a stand alone supermarket development or part of a larger shopping complex which includes shopping units other than supermarkets?
I confirm that the threshold of 3,000 square metres relates to the retail floor space and excludes storage space. It is the area to which customers have access, where they do their shopping. There were arguments for including gross space, increasing the 3,000 square metres to gross and for making it net space. However, I came down in favour of the 3,000 square metres which refers specifically to retail floor space, where people do their shopping.
The short answer to the Deputy's other question is that I do not know how well or how much regard local authorities or, indeed, An Bord Pleanála had to the 1982 directive, except to say that the average size of supermarkets is 30,000 square feet. An Bord Pleanála has refused planning permission for a number of shopping developments. I do not know whether the directive was responsible for this or if there were other reasons. Whereas the 1982 directive was a general directive and An Bord Pleanála was told to take into account possible broader effects which the provision of these facilities might have, this directive states a specific floor area above which it should not grant planning permission. The major difference is that this directive is specific.
Will the Minister confirm if the floor area specification applies to a supermarket whether the development in question is a supermarket simpliciter or part of a retail development that includes other retail units?
The limit is 3,000 square feet in either case.
My supplementary question is partly related to the point made by Deputy Dukes. In my constituency a town centre is under construction and scheduled to open. From the planners' point of view it was to measure 350,000 square feet as part of the original satellite town centre concept. In a compromise a cap of 250,000 was put on it. The planners in south Dublin in their wisdom have decided in a draft written statement to remove that cap. Is that applicable to a satellite town centre complex as against the other out-of-town protections, about which we have all been concerned? There is a uniqueness about trying to provide a full higher order of town centre facilities as against the protection of smaller towns.
The directive applies to any kind of development where the retail floor space exceeds 3,000 square metres. We are talking about supermarkets. The definition given in the dictionary for supermarket is a large, mainly self-retail store selling food and other household goods. If, as part of the town centre, there is a supermarket that exceeds 3,000 square metres the directive applies to it and the local authority or An Bord Pleánala will have to judge the application accordingly.
Has the planning manager discretion to make a judgment? If so, this is probably unique. Cork may face the same type of problem where large centres are proposed or are under construction. Is it a directive that the manager and his executive staff will make the decision on?
No, this is a directive. They will have to have regard to it. The general meaning of "have regard to it" is that they cannot ignore it. It is as blunt as that. They do not have a choice. The directive does not apply to centres under construction, it applies only to those which are planned or going through the planning process.
My question may have been partially answered. I am sure the Minister is aware his directive has caused consternation throughout the country for those who have lodged applications with the planning authorities. I welcome the fact that the study is proceeding and we need guidelines to prevent projects in inappropriate locations. There are some locations which are clearly sustainable where the projects will serve large centres of population and are in accordance with sustainable commuting patterns. Is such a moratorium appropriate in those areas? Will the Minister make a copy of the directive available to Deputies, please?
Certainly, I thought that would have been done with the press release but I will arrange for that to be done for the Deputy. I am not sure my directive has caused consternation around the country. I may have caused consternation in certain quarters. I would prefer to cause that type of consternation now rather than in three, four or five years from now when nothing could be done about it. Deputy Howlin said earlier that I was nudged in this direction. The Deputy will recall that at the opening of the Blanchardstown town centre when I was Opposition, I made a statement expressing concern at the continuing opening of these centres on the periphery of cities and towns. Deputy Dukes will be aware of it. I am conscious of this in my own constituency where more and more people are being sucked away from provincial towns to do their shopping in hypermarkets and superstores. The effects of this can be seen on the Continent. We wanted a breathing space to allow us to study it in more detail so that it would not be a case of closing the door after the horse has bolted. In general people have welcomed the directive and I welcome the support of all sides of the House. I look forward to receiving submissions from people who agree and disagree with it in due course.
