Dáil Éireann Debate, Thursday - 7 December 2023
6. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage his proposals for improved consistency and alignment throughout all tiers of planning; and if he will make a statement on the matter. [53916/23]
View answerThe complexity of our planning system is evident from the fact that we are putting a Bill through the House which runs to 741 pages. I believe it is the case, but to what extent does the Minister of State believe that the new Bill will improve alignment and consistency within the planning process? It is an issue that, as TDs, we are consistently receiving representations on behalf of our constituents.
The Planning and Development Bill 2023 provides a range of measures to improve consistency across the planning system through clearer, more consistent policies and guidance throughout all tiers of planning, from national to local. Ministerial guidelines and policy directives will be upgraded to national planning statements. These statements will be approved by Government and subject to stakeholder consultation, including with councillors. It will be mandatory for all plans to be aligned to the policy element of national planning statements once issued.
In order to allow for flexibility of implementation, the associated guidance element, outlining how national planning statements should be implemented, will be more discretionary in nature. This allows the flexibility required for local implementation of national policy. All lower tiers of plans will be required to be aligned to higher order plans, with development plans aligned to regional spatial and economic strategies, which in turn will be required to be aligned to the national planning framework and national planning statements.
At local level, the Bill introduces a suite of bespoke area level plans, which in turn will be consistent with development plans at county and city level. The Bill also aligns the tiers of plans with the availability of up-to-date census data, enabling more strategic planning, greater certainty that there is sufficient zoned land available at all times to meet housing, economic and energy need, and providing greater certainty for all stakeholders.
I welcome the Minister of State's answer. I think it will improve alignment and consistency, as he has outlined. One of the issues that I frequently receive representations on is from constituents who are concerned about delays coming from An Bord Pleanála. As every person in this House will know, in the recent past decisions of the bord have been extremely delayed not just in respect of larger developments, but even in respect of smaller developments in the constituency. I have contacted by people who are concerned about that.
Obviously, what we need to seek to do in the Bill is to expedite the appeal process before An Bord Pleanála. The Minister of State may have seen the very disturbing documentary on RTÉ last Monday night, which showed how individuals can seek to undermine the integrity of the planning process by putting forward appeals which really are not legitimate. We saw that in the programme. I note that section 138 of the old 2000 Act, which is still in force, entitles the bord to strike out those appeals if it is thought they were made for the purpose of securing a payment of money or inducements. That is going to be contained in section 105 of the new Bill and I welcome that. Is there anything more that can be done to ensure that we do not have these frivolous and vexatious appeals being made to An Bord Pleanála?
As the Deputy is aware, the Bill itself provides statutory timelines for An Bord Pleanála. That will provide a degree of certainty and it should speed up the process in terms of appeals.
On the second point the Deputy raised, it would be inappropriate for me to comment on any individual planning cases. It should be noted that the Government is opposed to the abuse of any process, including the planning process, for personal gain to the detriment of the process. The planning system is an open process which incurs public participation. The Government does not condone behaviour which would interfere with the planning process as set out in legislation, or behaviour that would lead to a possible abuse of the courts system. The Minister, Deputy Darragh O'Brien, wrote to the Attorney General and to the Minister for Justice in relation to the matter in July of this year. The Attorney General provided views and stated that matters such as these are provided for under current law. In addition to the legislation the Deputy referred to, notably section 17(1) of the Criminal Justice (Public Order) Act 1994 states: "It shall be an offence for any person who, with a view to gain for himself or another or with intent to cause loss to another..." I also refer to section 6 of the Criminal Justice Act. It should be noted the Government is opposed to the abuse of any process, including the planning process, for personal gain. Anyone with any concerns regarding a breach of the law in respect of that should contact the Garda.
The Minister of State has correctly identified the criminal sanctions that are in place for individuals who seek to abuse the process in a criminal way. The point I was trying to make in respect of An Bord Pleanála is that it can be very difficult for the bord to identify if an appeal is vexatious or abusive. Perhaps the Minister of State and the Minister could give consideration to introducing a requirement that an affidavit to be sworn by any appellant bringing an appeal before An Bord Pleanála, setting out that the appeal that they are making is in good order and is done with proper motives, as opposed to what was suggested in the programme the other night.
It is important that we get the Bill through the Houses promptly. It is a very effective piece of legislation. I think it will speed up the process at An Bord Pleanála. Of course, Opposition parties will say, and perhaps there is some substance in it, that we also need to ensure that the resources within An Bord Pleanála are improved as well so that appeals can be heard in an expedited fashion. I thank the Minister of State for his answer.
As the Deputy is aware, we are increasing the staff of An Bord Pleanála to 300, so we are putting the resources into the bord. The point I would make is that we are open to consider any amendments to the Bill on Committee Stage. I expect the Deputy will bring them forward and we would welcome that. What we are looking for, with the new planning Bill, is to have a robust and fit planning system for a modern age that ensures there is a streamlined process that is fair for those who wish to bring forward objections. We must ensure that we uphold that under Aarhus principles. I look forward to the Deputy's contribution on Committee Stage of the Bill.
