asked the Minister for the Environment if he is satisfied with the fact that local authorities are not obliged to publish their building and development proposals for the benefit of the public in the same way that a private developer or individual is obliged to seek planning permission so as to alert the adjoining neighbours of possible building development; if he is prepared to consider altering the regulations of the planning and development legislation with a view to requiring each local authority to signal directly to the residents and tenants adjoining properties which are scheduled for development by that local authority of their intention to develop on the adjoining properties; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Local Authority Development Proposals.
25.
Proposed developments by planning authorities in their functional area are set out in the development plan which each authority are required to make and keep up-to-date by reviewing it periodically. Before a plan is adopted the draft must be put on public display for a period of at least three months and objections and representations made to the authority must be considered before the plan is adopted. Public notice must be given of the place and time that the draft is available for inspection. Where land is being acquired compulsorily by a local authority for any purpose, for example, housing and roads, public notice must be given and where objections are made to me a public inquiry must be held. Where development is being carried out by a local authority outside their functional area, public notice must be given and planning permission sought from the planning authority in whose area the proposed development is to take place.
A planning authority may not carry out development which contravenes their own development plan. I think, therefore, there are reasonable provisions under the law and procedures as they stand to enable people to become aware of local authority work proposals and I am not convinced that there is any real need for additional procedures, which would almost certainly add to the time involved in getting works going and in the related employment provision.
Will the Minister not agree that he is making two categories of citizens, where the private individual is required to go through the process of planning permission which allows third parties to investigate what is happening and to be informed of the final outcome of a development but, on the other hand, where the local authority are exempted from informing third parties immediately adjacent to a development and where they are not allowed to have a direct input? I am not asking the Minister to introduce new legislation. He can do it by way of circular or regulation under the 1976 Act. This would require local authorities, particularly when doing in-fill development, to comply with the normal courtesy of advising residents adjoining proposed housing or other development of the intentions of the local authority in sufficient time. This would give them the same rights to respond as they would if it will a private development.
As the Deputy is aware, the information must be made available to elected members of the local authority by the city or county manager. It is not correct to say that information is not made available. As I have said, local authorities must stick to their development plans which are put on display for three months during which time objections may be made. If a local authority develop outside their own area, for example, if Dublin Corporation want to develop a housing scheme in the county, they have to apply for planning permission.
I must not have made myself clear. I am simply asking the Minister to consider requesting local authorities who are engaged in specific housing development programmes in built-up areas to notify directly the adjoining neighbours and residents and to give some indication of the time-table and the extent of the proposals.
I will consider that.
I thank the Minister.
Would the Minister agree that, if the principle of his reply is acceptable, a similar argument would apply to every proposed developer? Every proposed developer, as the Minister would surely agree, has his land designated in the county development plan. Yet, as that developer is required to advertise in the normal way, what possible basis can there be for drawing a distinction to that end in the case of our local authorities, seeing that the development plan applies in all cases?
As I have said already, the development plan is there. There is also the question of compulsory acquisition and public inquiries taking place in the case of a road or a housing development and the local authority members are notified if the local authority are developing outside their area where the members in the other area would not be aware of what was going on. In cases like that the local authority must advertise. However, what I am trying to do — and it was in response to the very points being made in Question No. 23 in relation to delays in the planning board — is to avoid putting further delays in the way of projects, which will provide employment at this time, getting under way.