Noel Dempsey
Ceist:4 Mr. Dempsey asked the Minister for the Environment if he has already or if he intends to change planning and development Acts in relation to local authority activities. [13120/97]
Priority Questions. - Local Authority Planning and Development.
The carrying out of development by a local authority in its functional area is exempted development under the Local Government (Planning and Development) Acts, 1963 to 1993, and is not therefore subject to normal planning procedures. For major classes of development, however, not subject to environmental impact assessment, local authorities are obliged to give notice of such developments under the provisions of Part Ten of the Local Government (Planning and Development) Regulations. Submissions or observations on the proposal must be sought and the plans must be available for inspection by the public during a period of not less than one month. A report on the proposal must then be prepared, including details of any submissions or observations received. This report must be submitted to the elected members of the local authority concerned which has discretion, under section 3 of the City and County Management (Amendment) Act, 1995, to direct that the proposed development is not to proceed.
The Part Ten procedure was introduced in 1994 after full consideration and in the context of changes to planning law relating to development carried out by public bodies generally. From experience, it is an open and democratic procedure and I have no immediate plans to replace it in terms of local authority development generally.
Where a local authority proposes to carry out development which is subject to environmental impact assessment under the European Communities (Environmental Impact Assessment) Regulations, it is required to submit an environmental impact statement to the Minister for the Environment for certification. Arising from the recent commencement of a system of licensing for waste disposal activities under the Waste Management Act, 1996, local authority landfill development will be subject to licensing by the Environmental Protection Agency. In line with this, I intend that the present system of certification by the Minister of environmental impact assessments for landfill development by a local authority will be terminated. The relevant provisions in Part Nine of the Local Government (Planning and Development) Regulations, 1994, are in the process of being amended to give effect to this change.
Is the Minister aware serious conflicts have arisen in various parts of the country because local authorities — under the system which arose from the 1994 Act — are in breach of their own development plans? There have been a number of instances of this, including one in Carlow, in relation to a housing development which the local authority proposes to build. Is the Minister considering a change in the planning and development laws to ensure a local authority is subject to the same planning and development procedures as a private developer or an individual in areas such as housing, halting sites and landfill? Serious conflicts are arising in various places because the local authority is applying one set of rules to the private citizen and yet is in breach of the rules itself. This brings the whole system of planning and development into disrepute. Will the Minister agree there is a need to look at this and to change the law accordingly?
I am not aware of any great number of conflicts of the type which the Deputy described. In a previous existence Deputy Dempsey will be aware of conflicts where State bodies were exempt from the normal rules of planning and were required simply to——
That has changed.
That has changed in relation to State bodies. We had a major national controversy on that issue in the past and the law was subsequently changed to provide for full planning permission in all such cases. That is a good thing. As a matter of principle we are moving towards that for everybody. There are practical difficulties in relation to housing. Ordinary citizens would probably not regard it as a reasonably objective analysis of a planning application if a local authority had to go through its own planning department and the ultimate decision was made by the manager. That would not be a fair and open system. That is why, in relation to other matters, the Part 10 procedure requires public consultation and ultimately it is in the hands of the elected membership to determine by way of vote. That has worked well in a number of major projects whether road widenings, developments of infrastructure and so on.
On the issue of halting sites, every Government Department has looked at the implications of the recommendations of the report of the task force on the travelling community. So far as it affects my Department a Bill is being drafted to provide for such matters as halting sites. No doubt that will be published in due course and will be debated here.
On the issue of landfill, it is correct to move the licensing regime from local authorities which, up to now, could determine their own planning permissions for the establishment of a landfill. That is no longer the case. As and from 1 May they have to apply to the Environmental Protection Agency for a licence for any new landfill. It would be invidious if the determination of an environmental impact assessment remained with the Minister for the Environment if the determination of a licence is now a matter for the Environmental Protection Agency. Accordingly, I intend to amend the regulations to have the licence and the EIA determined by the agency. That will result in a more coherent analysis of any future project. Given that under the Waste Management Act the Environmental Protection Agency will be responsible for monitoring licensing conditions we will have a cleaner, more environmentally sustainable future pattern of waste disposal.
The Minister referred to the 1994 Act with which we are both familiar. Will he agree it is invidious the State and State Departments have to apply for planning permission for some worthy projects such as schools, Garda barracks and so on while a local authority can build 40, 50 or 100 houses by going through a procedure which nobody believes is independent or democratic? I agree there is a role for An Bord Pleanála with regard to local authority planning applications. In regard to the Bill the Minister proposes, is it intended to change the planning and development laws on the provision of halting sites or will it enable the Minister to direct local authorities to provide a certain number of halting sites? I am curious about the exact effect of the Bill being proposed.
The Bill which is only in draft form will provide a comprehensive strategy nationwide to deal with halting sites. By and large it will mirror the recommendation of the task force and will enjoy widespread support from the House when we have an opportunity to debate it.
Section 39 of the 1963 Act prohibits a local authority from carrying out any development which would contravene materially its development plan. Local authorities are obliged to have regard to their development plans. The local authority has the power to amend or vary the development plan but subject to a period of public notification and consultation. Given that I would like to see an independent validation system for all proposed developments I will take advice on the points raised by Deputy Dempsey. I can understand that there could be some disquiet about aspects of the rights of local authorities to make decisions without some independent vetting. That is a matter we can revisit.
We had a recent example in County Meath where the local authority had to carry out some sewerage works. It built a pump house on the banks of the River Boyne, in an area where it has refused planning permission to ten people at various times to build houses.
Is that the giraffe house?
I take the Minister's assurances in regard to the planning and development Acts with a grain of salt.