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Planning Issues

Dáil Éireann Debate, Tuesday - 25 July 2023

Tuesday, 25 July 2023

Questions (581)

Alan Farrell

Question:

581. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage what measures are being taken to reduce delays in the planning process; and if he will make a statement on the matter. [36045/23]

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Written answers

My Department has introduced a range of measures to reduce delays in the planning process.  These include: the Planning and Development Bill 2022, reform measures in An Bord Pleanála, the introduction of the Large-Scale Residential Developments process, and funding for an increase in local authority staffing. 

Planning and Development Bill 2022

The draft Planning and Development Bill 2022 was published in January 2023 and the Joint Oireachtas Committee on Housing, Local Government and Heritage has provided significant pre-legislative scrutiny on the draft Bill. Their report contains more than 150 recommendations, which I am considering carefully. My Department continues to work closely with the Office of the Parliamentary Counsel to finalise the Bill, taking account of the pre-legislative scrutiny report and submissions from stakeholders more broadly. Once finalised, the Bill will be published and proceed before the Houses of the Oireachtas, subject to its schedule. 

The Review has taken consideration of all aspects of planning including environmental assessment and improving processes to ensure the delivery of critical infrastructure, such as renewable energy, housing and transport.

The draft Bill increases clarity, streamlines the legislation and improves coherence and usability for the public and practitioners. It also ensures alignment and consistency, both with European and environmental obligations and in relation to the various tiers of national, regional and local plan-making. Importantly, it provides greater certainty through the introduction of a range of statutory and mandatory timelines across the various consenting processes, including for An Bord Pleanála. 

Large-Scale Residential Developments

The Government, through the introduction of the Large-Scale Residential Developments process, continues to expedite the delivery of housing supply while also providing certainty and stability to the construction sector by retaining some of the positive elements of the SHD arrangements such as mandatory pre-application consultation, quality of applications submitted and decision timelines

An Bord Pleanála Reform

An Bord Pleanála (the Board) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts.

Under section 30 of the Planning and Development Act, 2000, as amended, I as Minister am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or the Board is or may be concerned. 

Section 126 of the Planning and Development Act 2000, as amended, provides that it shall be the duty and objective of the Board to decide appeals as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, insofar as is practicable, there are no avoidable delays at any stage in the determination of appeals.

It is important to acknowledge that a certain percentage of cases, due to particular circumstance such as complexity, requests for further information from applicants for permission, or further submissions from other participants including third parties, may not meet the 18 week target.

The Planning and Development and Foreshore (Amendment) Act 2022, which was signed into law in December 2022, addressed certain initial matters which required immediate action on foot of the Action Plan for An Bord Pleanála, Phase 1 of the Office of the Planning Regulator Review of An Bord Pleanála, and other matters relating to addressing board vacancies and addressing the Board’s caseload, including:    

• Increasing the limit on the maximum number of members of the Board from 10 to 15, so as to ensure that the increasing caseload can be managed, and the appropriate quorums and suitable allocation of casefiles can be assured, and   

• Expanding the provision to appoint temporary ordinary board members to allow for the appointment of serving or former civil servants, public servants, or employees of the Board for a term of up to a year. 

The total number of Board members in An Bord Pleanála is now 14, and a further temporary appointment is expected in the coming weeks to bring the total to 15, the maximum provided for under the legislation and the greatest number of serving Board members ever.  

Since 2021, my Department has agreed to 117 new staffing posts in An Bord Pleanála. As of 30 June 2023, there are 221 people working in ABP (including Board Members).  It is intended that when all the approved posts are filled, over 300 people will be employed in the Board. This will represent an increase in the overall agreed staffing at ABP to in excess of 50% since 2021. 

Local Authority Funding for Staffing

The allocation of resources for local authorities to fulfil their planning functions in a timely manner is a priority for Government.  My Department has provided a funding allocation of €5.4m in 2023 to support the increased investment in the resourcing of the planning system, and provides funding for additional staff for local authorities and support for a new planning learning and development initiative.  

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