Dáil Éireann Debate, Thursday - 29 April 2004
10 Ms Shortall asked the Minister for the Environment, Heritage and Local Government if he will make a statement on his recently published draft guidelines on rural housing; the way those guidelines will be enforced; and if and when it is intended to place them on a statutory basis. [12221/04]
View answer33 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the concerns expressed by the Irish Planning Institute regarding the implications of the new draft guidelines on rural housing and particularly the suggestion that they are counter to rational planning and legal precedent; and if he will make a statement on the matter. [12223/04]
View answer145 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government when he proposes to introduce primary or secondary legislation to facilitate rural dwellers who wish to live in the countryside; and if he will make a statement on the matter. [12421/04]
View answerI propose to take Questions Nos. 10, 33 and 145 together.
In accordance with normal practice, the guidelines for planning authorities on sustainable rural housing have been issued in draft form to give all those interested an opportunity to comment before the guidelines are finalised in statutory form. I intend carefully to consider any suggestions for clarifying or improving the guidelines before they are finalised. Comments are to be submitted to my Department by 30 April.
In view of the importance of the rural housing issue and the fact that there has already been extensive opportunity for public debate, I have requested planning authorities and An Bord Pleanála to have regard to the draft guidelines with effect from the date of their publication. The guidelines are a material consideration both regarding development plans and in the consideration of planning applications. Planning authorities are required to review and vary their development plans, where necessary, to ensure their policies on rural settlement are consistent with the policies set out in the guidelines.
The new guidelines have two main functions. First, to facilitate people who have roots in or links with the rural community, and are part of or contribute to that community, in getting planning permission for their housing proposals, subject to normal planning requirements. Second, in the interest of sustaining population levels, planning authorities are required under the guidelines to ensure that any demand for housing in rural areas suffering from population decline is, subject to good planning practice, accommodated.
The guidelines provide a policy framework setting out in detail how Government policy on rural housing as set out in the national spatial strategy is to be taken forward by local authorities in planning more effectively for rural areas. I am aware of the views expressed by the Irish Planning Institute. However, I reiterate that, regarding rural housing, sustainable development requires an explicit acknowledgement of the role that people living in rural areas have to play in supporting a dynamic rural economy and social structure.
I consider that planning authorities must adopt a positive and proactive approach to dealing with housing in rural areas. The guidelines provide that they should act as facilitators in bringing together the elected members, officials, farming and community organisations, organisations representing rural dwellers, environmental organisations and the wider public to create a shared view of how rural housing is to be addressed, with a view to building ownership in development plans and their implementation.
I welcome the discussion on rural dwellings. I am not clear that the Minister's proposals will add anything to the present situation. I would like to highlight one case and ask the Minister of State whether he believes it is the way to go. In a very backward rural parish in my own area, a young man has to sign an agreement that he will not allow any more houses to be built on his land. He has allowed one already apart from his own family dwellings. However, another person has nine or ten not far away. Is this the type of regulation that we are to introduce to stop people living in rural Ireland? I warn the Minister of State about this issue.
I am sorry, but it is not necessary for the Deputy to warn the Minister of State. One asks a question to elicit information from him.
I am trying to ensure that serious mistakes are not made in the new guidelines since people have great expectations.
The Deputy should allow the Minister of State to answer the question. There are other Deputies waiting and the one minute is concluded.
People have great expectations concerning this new proposal by the Taoiseach and the Minister. Will the Minister of State assure people that they will be able to get houses in isolated rural areas where they want to live?
That is what the guidelines set out to achieve. It is about trying to bring balance between accommodating rural housing needs and protecting the quality of the environment. However, if a planning application is for a location where the population may be falling it must still be judged and normal standards apply. The intention is quite clear.
Many local authorities seem to do their business in a fair even way. In some local authorities there was a rather harsh interpretation of the rules and the Government wants to move it that notch or two to accommodate people who have roots, who work in and are from an area and who should live there. It is to bring balance because there are many purists on both sides of this argument. It is to get everyone pulling together. In the past the problem has been there were so many people with different views on this issue. We want people to pull together so that they can have a consensual view on the plans for their county or region.
I agree entirely with the comments of Deputy Crawford. Does the Minister accept that most of us in this House have encountered situations similar to that which the Deputy described? I would like to ask if these new guidelines will change the current situation whereby it appears to be much easier to get planning permission for 400 houses in the middle of nowhere than it is for one individual — a long-standing resident of a community — to get permission for a single bungalow or house in his or her own area. Can he bring forward an instrument that would rein in the planners and change that around whereby massive developments are required to have proper infrastructure and to allow residents of long standing to build on their own property in the countryside?
Submissions have been invited. The closing date is tomorrow. After that, the Minister will consider them and will issue ministerial planning guidelines under section 28 of the 2000 Act. That provides that planning authorities and An Bord Pleanála must have regard to the provisions of those guidelines when exercising their functions — either laying down individual development plans or when considering planning applications. Once the process becomes an informal ministerial directive, that will permeate through and should bring about the Government objective, to bring more consistency into what was happening throughout the country and to liberalise it that notch or two.
Will the Minister of State clarify what discussions have taken place within the notifying bodies, namely, An Taisce, the regional fisheries boards and the six or seven other organisations which have a critical role to play? Will he clarify what the consultations were with An Bord Pleanála? We can notify everyone else, but the key players in the processing of planning applications are the notifying bodies. Has there been consultation in particular with An Taisce which has a critical role in the prevention of development in many parts of rural Ireland?
I believe everybody and anybody has been invited to make their submissions.
Does that include the critical bodies?
I am sure all the critical people are included in that. As to whether individual meetings have taken place with other people, I do not think so. I do not know, but all the submissions will be considered, whatever the normal process is. I am not fully up to speed on that issue. Once the guidelines have ministerial effect they have to be obeyed by everyone, down through the chain. That is the way it will operate.
Is that for every county?
That is the way it is, and not just at any one level. People must take note of them and give effect to them at development plan stage and also with each individual application. Good planning standards and guidelines will always apply. It does not mean that because someone is putting in an application from a severely depopulated area that he or she is on a winner. The application must be duly sensitive to the landscape and normal planning guidelines. Everything must be examined and, if possible, local authorities should act as drivers of this initiative, so that if people want to build holiday homes, for example, they should be encouraged to cluster. The local authorities should encourage this. It is not an all or nothing situation.
I have a final question as regards county development plans where the responsibility will rest with new local authority members elected after 11 June. How critical will their role be under the directive to be announced by the Minister? Will they have a critical role in formulating the plan in their own area?
That would depend on what stage the plan is at. Some local authorities might be more advanced than others. However, whether they are new or old councillors, they will have to take account of ministerial directives.
Will the Minister of State assure the House that the Minister, when he issues the directive, will ensure that people are treated equally? I refer to the situation I raised earlier where somebody, building his own home who has already sold one site, must sign a pledge not to do any more, whereas someone else a few miles away has already got nine and applied for two more. We cannot have one law for one person and another for someone else.
I urge the Government to have a full discussion with An Taisce because it is creating the most problems in rural Ireland. There is no point in the Minister issuing guidelines etc. if An Taisce can ultimately overrule them.
There is supposed to be one law for all of us. Planning is dealt with at local level. What the Government and the Minister do is lay down the basic framework. The guidelines are supposed to influence everyone down the line at national spatial strategy, regional planning and development plan levels, and each individual planning application. That should work out. There will always be cases such as that referred to by the Deputy. It is up to people to raise these matters for public scrutiny. However, ministerial guidelines must be taken on board and everyone should be treated equally, subject to normal good planning.
