I thank the Cathaoirleach for affording me, along with Mr. Sheridan and Ms Dew, the opportunity to present to the committee on this draft order which proposes to increase by one member, on a temporary basis, the number of ordinary members of An Bord Pleanála.
The background to the draft order stems from the new additional functions of An Bord Pleanála in dealing with applications for strategic housing developments, SHDs. Many members of the committee will be very familiar with these new arrangements which were introduced by the Planning and Development (Housing) and Residential Tenancies Act 2016.
In brief, the Act provided for new streamlined arrangements, which came into operation on 3 July 2017, to enable planning applications for large-scale housing developments, SHDs, of 100 housing units or more, or student accommodation developments of 200 bed spaces or more, to be made directly to the board for determination. These arrangements are intended to provide greater certainty for developers in terms of the timelines for planning decision-making, while also facilitating the earlier provision of much needed housing supply and helping to address the current housing supply shortage situation.
Under the SHD arrangements, a developer is required to firstly engage in pre-application consultations in respect of a proposed SHD with the board and with the local planning authority, with such pre-application consultation phase having to be completed within nine weeks. Where a planning application is subsequently submitted to the board, the board is required to make a determination on an application within a period of 16 weeks from the submission of that application. These new fast-track arrangements have the potential to result in planning decisions for concerned large developments being made within 25 weeks of commencement of the pre-application consultation, as against the more normal two-stage planning process which can, in certain circumstances, take up to 18 to 24 months from initial design stage to ultimate approval. I appreciate it can be shorter than that, but in some cases that has happened in the past.
In order to ensure that An Bord Pleanála had the necessary structures and resources in place to undertake these additional functions, the legislation provided for the establishment of a new strategic housing division of the board to decide on these housing applications. The division requires two additional ordinary board members on a temporary basis while the new arrangements are in place. Separately, the filling of an additional dedicated ten professional and administrative posts was sanctioned by our Department to support this division and the relevant staff are in place since 2017.
In recent years the board has operated with a membership of nine, consisting of the chair and eight ordinary members. However, section 104 of the Planning Act provides that the board can consist of a maximum of ten members, the chair and nine ordinary board members. Therefore, in January of this year, the Minister, Deputy Eoghan Murphy, appointed a ninth ordinary member to the board, thereby bringing the board to its full complement of ten, as provided for in the legislation and thereby filling the first of the two additional ordinary member positions required for the new SHD arrangements.
Section 104 of the Planning and Development Act 2000, as amended, also provides that the Minister may by order temporarily increase the number of ordinary members of the board, where this is necessary to enable it to fulfil its duties and objectives. Such an order must be laid in draft before both Houses of the Oireachtas and receive a positive resolution from both Houses before it can be made.
As indicated, and in light of the tight statutory timeframes associated with determining applications under the SHD provisions, it is necessary to utilise this provision now. The order before members is required so that the Minister can make a further appointment to the board, ensuring that the second additional member required for the new SHD arrangements are in place.
Under the 2016 Act, the SHD arrangements which it introduced will operate initially until 31 December 2019. Subject to review, they may be extended to 31 December 2021, the end date of the Rebuilding Ireland action plan. Accordingly, the draft order proposes to increase the membership of the board by one member, initially for the period until 31 December 2019, with a view to extending the appointment in accordance with the legislation, if required, at a later date. Board members are generally appointed by the Minister from candidates nominated by prescribed organisations. Subject to the necessary Oireachtas approval, it is the Minister’s intention to select a nominee for appointment as a board member at the earliest possible date.
I support the making of this necessary order. As I outlined, the SHD provisions were introduced to speed up the planning decision-making process for large-scale housing developments, with a view to addressing urgently the housing supply shortage. The additional board member is vital to ensure there will be sufficient capacity within the board to undertake its additional functions related to SHDs and in order that SHD planning determinations can be made within the fast-track timeline prescribed under the 2016 Act.
I look forward to engaging with the committee and will endeavour to answer questions committee members may have.
