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Dáil Éireann debate -
Wednesday, 12 May 1999

Vol. 504 No. 5

Adjournment Debate. - Planning Matters.

I thank the Ceann Comhairle for allowing me to raise this matter as I know he has a personal interest in this issue. I have been very concerned for some time by the many difficulties ordinary people – I emphasise ordinary people – have in obtaining planning permission. I refer specifically to applications for once-off domestic dwellings and small developments. We are all aware of major national concerns about past planning problems, particularly in the Dublin area, which are being dealt with by the Flood tribunal. I am a public representative for a mainly rural constituency where we have never experienced such problems and never abused the planning process even by use of a section 4 motion. My concern is that recently it has become very difficult for an individual who wishes to set up home in his native parish or region to obtain planning permission from the local authorities. The usual excuses are ribbon development, traffic and road problems, speed limits and lack of infrastructure such as water and sewerage systems. These excuses are used freely and frequently by the Executive, which now has sole discretion to grant planning permission.

It is difficult to understand on one hand the Department of Agriculture and Food's new proposed policy on rural development for retention of the population in rural areas while another arm of the State, local authorities, ensures by refusing planning permission that people can no longer live in their native parishes? What is the alternative? The alternative is to move people to large urban centres where sites are unavailable or, due to prohibitive cost, many people cannot afford houses for themselves. We have had the two Bacon reports, yet the situation worsens daily.

Another matter of concern is the inconsistency in the approach to planning from county to county and from urban to rural areas. For example, last week planning permission was granted on appeal by An Bord Pleanála in Kilkenny city for a development which was in contravention of Kilkenny Corporation's development plan and which had been refused by Kilkenny Corporation on those legitimate grounds. This development involves a well known commercial outlet in a designated residential area in Kilkenny city adjacent to a number of schools where there are serious traffic congestion problems. These matters were fully considered by the planning office of Kilkenny Corporation and the application was justifiably refused by that body. An appeal was lodged with An Bord Pleanála and that body's inspector's report completely vindicated the corporation's stance. Imagine the concern, dismay and anxiety of residents of that area, who are mainly senior citizens, when An Bord Pleanála decided to grant this application on appeal, despite the valid grounds for refusal. I have a copy of that inspector's report.

I deal with individual applications on a regular basis and make no apology for that. Recently I dealt with the application of an individual wishing to build a home on the family farm. It was refused by Kilkenny County Council and was appealed to An Bord Pleanála. Despite the recommendation of the board's inspector to grant permission, the board refused the appeal. Planning permission for a huge development in a residential area is granted on appeal by An Bord Pleanála against the recommendation of its own inspector, while a single house for a person on a family farm, recommended by the inspector, is refused. I could produce numerous similar examples.

I am aware there is promised legislation in this area and that it is the Minister's intention to initiate major reforms in the planning process by bringing forward a planning Bill. I understand he intends to update and consolidate the planning legislation and I ask him to take a serious look at planning matters.

Either we are serious about having people live in rural areas to maintain the population balance or we can have everyone living in urban areas, with the associated problems of traffic congestion, population density, overcrowding and consequent social problems. This is at the expense of rural Ireland. The declining population of schools is leading to closures. Post offices are also closing and there is a general decay in rural Ireland. Many Members have spoken about this but we tend to get very little attention.

Surely in this age of high technology there are systems available for sewage treatment for one-off houses, such as the puraflow system. I understand that an alternative system has been developed in Australia which could be applied in Ireland. This would enable applicants for planning permission to live in rural Ireland.

I strongly believe that everyone should be allowed to live in their own region if they so wish and it is imperative that this basic civil right is made available to them. The local elections will be held on 11 June and the Minister for the Environment and Local Government is well known for championing the cause of local government and local democracy, particularly the role of the local public representative. If we are serious about enhancing the role of the local representative, we must give them some input into aspects of local government, particularly the planning process. They cannot be given the role of simply endorsing a county development plan put forward by council officials and interpreted solely by them.

I have always accepted the need for controls and regulations for those of us in public office, but as a member of a local authority since 1974 and a Deputy since 1977, I have concluded that regardless of difficulties in the past the role of the public representative must always be recognised. If that role is abused – that abuse has been on the part of a tiny minority, not all of those elected – the electorate would far prefer to see some powers given to that person than to those they never get an opportunity to meet. There must be consistency and fair play. That is a very important message.

The Minister for the Environment and Local Government is unable to be in the House this evening to respond to this item and he has asked me to do so on his behalf.

As the Deputy may be aware, one of the Minister's priorities when he came into office in 1997 was to carry out a comprehensive review of planning legislation. He has made known in replies to many questions in the House that this review is now coming to an end and that he intends to publish a comprehensive Bill within the next two months to reform and consolidate the planning code in Ireland. The publication of this Bill will give both the public at large and all Members ample opportunity to debate the legislative code governing the planning system. The publication of the Bill will be one more example of the Government honouring the commitments made in An Action Programme for the Millennium , which stated: "it is now time to start the process of updating and consolidating our planning laws to prepare for the challenges of the new millennium".

The review was initiated in August 1997 and has evoked a lot of interest with over 160 submissions being received, many of them very substantial. A national planning convention was held in November 1997 to discuss the matters arising out of the review. This proved very successful, with a wide range of issues being discussed. The Minister and officials from the Department of the Environment and Local Government spent the early part of 1998 drawing up proposals for reform arising out of this consultation phase and, following consideration of these proposals, a broad range of reforms were agreed which were finalised during the latter part of last year. In January 1999 the Government approved the general scheme of this Bill and the Bill is currently at an advanced stage of drafting in the parliamentary draftsman's office. The wide-ranging nature of these reforms which are being brought forward, affecting all aspects of the planning code, will allow the Minister to repeal all existing Planning Acts and replace them by one major consolidated Act containing all primary planning legislation. The Deputy will understand that the Minister cannot pre-empt publication of the Bill by going into detail.

An effective land use planning system in Ireland must on the one hand cope with the demands of unprecedented economic growth and on the other with increasing awareness of the environment. The Minister has, therefore, stated that the planning system must be strategic in approach, informed by an ethos of sustainable development, and must give high quality performance.

I will make a general point about our planning system. As development pressures have increased due to our economic success the planning system has been criticised. In fairness to all involved, the system has facilitated cumulative growth in construction output of 63 per cent between 1994 and 1998. Bottlenecks have emerged, however, and the Minister has actively assisted local authorities and An Bord Pleanála in the employment of additional planners by increasing their resources. He intends to keep the issue of resources under constant review. However, the Minister is prohibited under the planning Acts from getting involved in particular cases with which a planning authority or An Bord Pleanála are dealing.

Providing extra resources is not sufficient if the planning system is to meet the challenges imposed by a fast changing world. To do so, the system must be reformed, updated, guided by better national planning guidance and underpinned by a modern legislative framework. The Bill will provide the modern legislative framework while the programme of providing planning guidelines which the Department has embarked upon will provide consistency in approach throughout the State.

Once the Bill is published during the summer the Minister intends to allow for a further period of consultation before it is discussed in detail in the Dáil. He will seek the views of a wide range of organisations and it is his intention to hold a number of seminars for the benefit of local planning authorities. This will facilitate dialogue with regard to the proposals between the Department and the local authorities who administer planning law on a day-to-day basis.

I accept that there is much concern among Deputies on all sides of the House regarding the planning process and I will bring the very valid points made by the Deputy to the attention of the Minister.

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