Perhaps it is fortunate that on the last occasion, in my opening statement on this Bill, the House was not sufficiently well attended to allow me to proceed to the Second Reading Stage. I may repeat that the Bill is not a Party measure. It has the assent, in its general purport, of representatives of various sections in the House. I think it is one which will not excite violent opposition to its general principles. I am very ready to admit the necessity for considerable amendment at later stages. The Bill owes its origin to the Association of Architects of Ireland and the Royal Institution of Architects in Ireland, and is godfathered, if I might say so, by the Civic Institute of Ireland. It has been on the stocks for several years, and, as a matter of fact, it is in some respects a little out of date, particularly in regard to the definition of local authorities. There are one or two other matters which would require to be amended; but in its general purpose, and I think it is necessary to deal only with the general purpose and principle on this stage, I think the Bill ought to receive the assent of the House.
The Bill follows closely the British Act of 1925, which itself was a consolidating Act embodying the provisions of two Acts, parts of Housing and Town Planning Acts of 1909 and 1919. Neither of those Bills was applicable to Ireland. Because of the non-applicability to Ireland of these Acts the position in this country is that there is no power in the hands of the local authorities, and none even in the hands of the Local Government Department, to control the course of development of our towns, the form or character or the shape they will take, or to insure that healthy growth will not be frustrated owing to the thoughtless or selfish anti-civic act of some shortsighted citizen or company. The power of our local authorities with regard to control of building undertakings is limited to their compliance with public health requirements relating to sanitation, and to their structural stability. Even the Corporation of Dublin, the Metropolitan City, except for the special provisions relating to the reconstruction of O'Connell Street, has no power to control the design or type of buildings in any of the streets. I do not know whether Senators have read a number of articles recently published and signed "H. T. O'R.", initials which will be recognised as those of a very responsible official. In one of these articles he says:—
"There is no power to prevent a ground floor on Fitzwilliam Square being converted into a butcher's shop."
And again:
"There is no guarantee that a refuse destructor would not be built on the borders of a projected pleasure ground, or that smoking factories might not be erected inside a residential area."
The Corporation of the future will see that the growth of the amenities of this city, or of any city, are entirely determined by the owner of the ground property, or the builder in the plan and design of the building. I think there are very few who cannot point out instances where there have been developments entirely nauseous and of an unpleasantly ugly character, and where there should have been provision made to preserve the amenities of the district. I wish to emphasise that it is not merely to preserve amenities we desire in this Bill, perhaps at the loss of some valuable industries. A town plan will set out to make the best provision possible for encouraging industry under the most economic conditions in the most suitable localities. It would be a sad mistake if and when we are trying to popularise town planning, and are seeking the active co-operation of business men of all kinds, that by over insistence on the artistic values—the necessity for preserving amenities—we should create an impression that we might be retarding industrial activities. The contrary is the truth. Town-planning may be said to be simply the exercise of thought and reason in the utilisation of a given area for any desired social and economic services, paying due regard to the maintenance of public health and social amenities, the progress of industries, and all other factors which help or retard the healthy growth of a civic community.
I suppose we are all willing to admit that our towns have grown up in quite a haphazard way without regard to future development, and quite regardless as to whether there is a future convenience safeguarded, or whether future development in the way of industry, or shopping centres, or public parks, or residential areas are going to be affected by any particular action on the part of the builder or prospector. Some consider that town planning schemes are only necessary in the case of towns and cities growing, or which show signs of rapid development. That may be the reason why the British Town Planning Acts did not apply to Ireland. There is something in the point, but I want to emphasise that irrespective of whether a town is growing rapidly, or is likely to grow rapidly, it is very desirable we should have power placed in the hands of local authorities, or in the absence of effective action taken by local authorities, ultimately in the hands of the Minister, to prevent towns and villages being made ugly. Even though they are not developed, we should preserve whatever amenities there are and seek to remove excrescences which militate against the attractiveness of the countryside. I think one might also point out that in respect of the larger towns a great deal of the present charges upon local authorities are consequent upon the improvements that have been decided upon, and which are made necessary by the absence of foresight in the years gone by. If there had been such foresight and planning much of the compensation charges, which on the necessary changes that had to take place and that had to be paid for, would have been unnecessary.
I take it that the House in the main will be agreed that we are likely to see certain developments in various parts of the country following upon economic changes, that is changes which will follow electrification, and which will necessarily follow upon the use of motor traction. These factors are undoubtedly going to influence one way or another the growth of towns—large or small—in various parts of the country. We must hope for the utilisation of electric power as a result of the development of the Shannon. In some of the towns, to say the least, and perhaps in many of the towns, we will find enterprising men starting factories, large or small. We desire that in such cases there shall be some provision, some kind of control, as to where these factories shall be built, and the kind of structures that will contain their machinery. It is obvious that there must be some check on the indiscriminate activities of enterprising men. That would not mean militation against their enterprise, but rather a guiding of their activities. With regard to the small towns, I think it is clearly desirable that any action taken upon the lines of this Bill should be of a very tentative kind indeed, and should be simply restrictive, and not necessitating big schemes or even wide surveys. In the larger towns there would be something more requisite than that. It is presupposed that in the case of Dublin, Cork and Waterford, and perhaps in Limerick, you will have something in the nature of a survey before any town-planning scheme can be adopted. In respect of Dublin and Cork surveys have been made, and the lines of the town plans are pretty clearly fixed in the minds of those who are active and thoughtful in these matters. One knows that in Dublin they have gone a considerable distance in the direction of a town plan.
I do not think it is necessary to explain at very great detail the various sections of the Bill. It will be seen that a memorandum has been printed which summarises the sections, and that will shorten my task in explaining them on the Second Reading. I would like to explain that the Bill is not obligatory on the local authorities, unless the Minister considers that circumstances warrant that he should order the local authorities to prepare a town planing scheme, but before issuing such an order to a public local authority an inquiry must be held. In all these circumstances the initiative is left to the local authority, to local associations, business men and others, to encourage them to take steps to associate themselves with any scheme that is proposed. As I have said, in respect of the larger towns a town planning scheme ought to be preceded by a civic survey. That has been done in the case of Dublin and Cork. A civic survey is necessary before any comprehensive plan for future development can be drawn. Such a plan must take into account every factor, social and economic, including the tendencies, and even the possibilities, of industrial growth or decline. The Minister may direct that such a survey shall be made by any local authority within three years from August, 1929; but except in such cases as the Minister may think well to use this power, the option lies with the local authority to make the survey.
In practice I think it is likely to happen that the surveys that have been made for Dublin and Cork will be the basis of the town plan in respect of those cities. In respect of the other large towns, Limerick and Waterford, possibly surveys may be taken before the three years will have expired. That would be left to the Minister's discretion. A local authority is defined in the Bill as "the council of any borough or district council of any urban district or rural district, or the town commissioners of any town not being an urban district." That is quite a faulty definition. It might exclude the county borough councils of Dublin and Cork, which is obviously not intended. There would need to be a definition bringing in the county council. The faulty definition arises owing to the fact that it was drawn some years ago before the last Local Government Act was passed.
Under the Bill a town planning scheme may be made in respect of land in course of development, or likely to be used for building purposes, and in respect of any area which has already been developed or built upon. The original English Act was restricted to lands in course of development or likely to be built upon in the future. An amendment to the English Act was made to conform to the United States practice and the practice in other countries, to extend it so as to cover areas already built upon. It is provided later, in Section 7, that compensation shall be paid for losses consequent upon giving effect to a scheme. On the other hand, where by the making of a town planning scheme any project is adjudged by the Commissioners of Valuation to be increased in value, the responsible authority shall be entitled to recover from any person whose property is so increased in value one-half the value of that increase. That is not a novel provision. It is contained in the British and United States Acts, and other Acts in operation in the Dominions, and I think also in continental countries. The betterment provision ought to be subject to alteration, but that is a Committee point. A town planning scheme in respect of lands to be built upon, or already built upon, may be made with the general object of securing proper ways and communications, sanitary conditions, open spaces, amenity and convenience in connection with the laying out and use of land, and the scheme may provide for the demolition or alteration of any buildings within the area to be developed in so far as may be necessary for carrying this scheme into effect.
Where the Minister for Local Government believes that on account of natural beauty or special architectural, historic or æsthetic interest attaching to a locality it is expedient to take steps to preserve the existing character or features of the locality, a town planning scheme may prescribe the space about buildings, the number of buildings, and the height and character of buildings; and in the first section there are numerous provisions regarding matters, which the Minister might prescribe as coming within the scope of the scheme. There is also a provision that where two or more local authorities desire, they may act jointly in scheming for future development. That is an important provision, and it leads to a provision which I think should be inserted at a later stage, for what is called regional development, or regional planning, which may be more necessary where there was a growth of a district, where special factors affect the district. Let us say in the County Wicklow, where something was required to deal with a particular area, the local authorities in that area could act together and plan for its regional development. I emphasise this point, that no town planning scheme should have effect until it is approved by order of the Minister, but that, when approved by the Minister, it should have effect as if it were enacted in the Act. There ought to be provided in the Bill, but I think it is omitted and I hope it will be inserted later, that any order of this character made should be laid on the Table for discussion by the House.
I again point out that the general control of procedure relating to town planning schemes lies with the Minister, including the power to proceed with a scheme in the case of default or of unreasonable delay on the part of the local authority. He may also make regulations to secure the co-operation of owners of property and other persons interested in land proposed to be included in a scheme, and to secure that other councils which may be interested are duly informed of any proposals. The general plan is to endeavour to ensure local co-operation and local initiative in regard to town planning. It is also proposed, as is natural to a Bill promoted by the architects' profession, that the professional status of architects and engineers employed in the execution of schemes shall be safeguarded by prior consultation with their respective societies, the Association of Engineers on the one hand, and of Architects on the other. That is a kind of trade union clause which may be a very good headline for future Bills of a similar nature, but which may not mean only professional associations.
A valuable power is given by Section 6 to the responsible authorities in respect of advertisements which offend against the amenities of a district, or where open spaces are injured by the display of such advertisements. In my opinion this section is rather too gentle in regard to advertisements on land relating solely to the trade carried on upon such land. It does not allow interference for five years with any hoarding which existed at the time of the approval of the scheme. That, I think, is rather overgenerous to the offensive hoarding.
I think I need not go into the provisions in very much more detail, but I would point out that there is a little doubt which has recently come to my notice as to whether the small towns would be able to make regulations in the absence of a formal town plan, and I would hope that the House would agree to insert as an amendment a provision whereby, even in the absence of a formal town plan, a local authority would have power to prescribe the space about new buildings and such like things, and particularly to deal with obstructions, such as ruined houses, that are offensive to the locality and that clearly are detrimental to the general amenities of the district. I think that anyone who travels through the country will have noticed very numerous unsightly destroyed areas. Even a single destroyed building in a town through which a motor car is going gives a bad impression of that whole district to a visitor, and I think it could be very simply proscribed against and some improvement made in that respect. So also in regard to unsightly advertisements and to that kind of ramshackle, jerry-built corrugated iron structure placed at the end of a rather handsome bridge, utterly destroying the beauty and attractiveness of the locality. Power to proscribe that kind of thing ought certainly to be given to the local authority, and such power ought to be given, even without the necessity for a formal survey and a town plan. If it is found on examination that the Bill does not include these powers, I hope the House will agree to insert them.
I ask the House, therefore, to give formal approval to the Second Reading, and I hope that the Minister for Local Government and his Department will give sympathetic approval, criticism, and perhaps co-operation in the final drafting of this Bill. If the Second Reading is passed I would ask the House to send the Bill to a Special Committee for close examination. I might express here the thought that if our proposal of some months ago to have a draftsman made available to the House had been carried into effect it would have eased the work of drafting and making water-tight and satisfactory a Bill of this kind. In the meantime, I think the Bill is a foundation upon which a good town planning Act can be built. I hope that the House will give it hearty approval and will set itself out to make a workmanlike job of a Bill dealing with this very important subject.