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Dáil Éireann díospóireacht -
Tuesday, 14 Oct 1997

Vol. 481 No. 4

Other Questions. - Planning Laws Review.

Pat Rabbitte

Ceist:

13 Mr. Rabbitte asked the Minister for the Environment and Local Government when the complete review of the planning laws will be completed; if, pending the completion of the review, he intends to issue any advice to local authority members as to the way in which they should deal with issues such as rezonings; and if he will make a statement on the matter.

Deirdre Clune

Ceist:

188 Ms Clune asked the Minister for the Environment and Local Government the proposals, if any, he has to increase public participation in the planning process.

In line with the commitment in the Government's programme, An Action Programme for the Millennium, I have initiated a comprehensive review of current planning legislation. My Department has invited submissions from the general public in addition to a wide range of representative bodies with an interest in the planning system. All local authorities and Government Departments have also been invited to make submissions. Following a review of the submissions I intend to hold a national convention to discuss the main issues arising therefrom and any views received thereon. I will then formulate my proposals for change which should result in a comprehensive planning Bill next year.

It is my intention to use the review of the planning process and the resulting legislation to increase public participation in the preparation of development plans. I will be seeking to make the review of the development plans as inclusive a process as possible in line with the Government's commitment to restoring real decision-making and power to local authorities and people at local level.

As I said in this House last week, the recommendations of the tribunal of inquiry into certain planning matters will also be taken into account in preparing legislation.

In addition, my Department has been engaged in a process of preparing guidelines on land use policy issues for the guidance of local planning authorities, An Bord Pleanála and other interested parties. As part of that process, my Department is preparing draft consultation guidelines on the scope and content of development plans which will provide, inter alia, a better framework for zoning policy. I have no proposals at present to issue separate advice on rezoning. The Government is also committed to introducing strategic regional planning guidelines, initially in the greater Dublin area, whereby local authorities will be obliged to have regard to an overall planning framework for their regions. Preparations have already been put in hand for the drawing up of these guidelines for the Dublin area.

Since local planning and development is probably one of the most contentious issues I welcome the Minister's action in initiating this review and look forward to progress being made.

A question, please, Deputy.

The Deputy might be allowed to express a compliment.

Exactly, it is good news but there is always the danger that a review will hold up progress. Would the Minister be more precise in his response? While none of us had expected that proposals would be implemented this year, to say they will be implemented next year is too vague. Since the Minister must have some timeframe in mind — I do not believe it is totally open ended — can he indicate when precisely in 1998 he is likely to announce their implementation and say when the national convention will be held?

When will the strategic regional planning guidelines to which he referred be issued to local authorities, many of whom are in a certain amount of turmoil vis-à-vis planning, particularly in the greater Dublin area, and require information and guidance on decisions being taken?

The last part of my question refers to a very important item in the programme for Government. With the rate of rejection of items within that programme, I am not sure whether we are to take this document seriously. Will the Minister state how quickly he intends providing qualified planners at local authority level which is not dependent on that review? It is most important to those local authorities struggling to deal with challenges and on the part of the Minister himself. Does he intend to provide greater resources and planning staff expeditiously?

I thank the Deputy for her favourable welcome of this move before using the word "but". While understanding a certain amount of impatience on the part of Members on all sides of the House and within local authorities with regard to the planning process and its review, my specific aim, although probably giving hostages to fortune — the closing date for submissions to the planning review was Friday last, 10 October — is to be as open and flexible as possible. If anybody has a major submission to make over the next couple of weeks they can be assured it will not be rejected. Consideration has been ongoing since submissions were first received. That process will continue and it is hoped the convention will take place before the end of next month. That will allow us complete the review early in 1998, following which I will be in a position to begin drafting the legislation. If we can get through that process, we should be able to complete a major planning Bill by the summer recess.

On land use planning guidelines, the Deputy will be aware the Department has been working on a series of guidelines on land use policy over the past two years. During the term of the previous Government, guidelines were issued on telecommunications antennae and support structures and on wind farm developments. Draft consultation guidelines have been published in relation to forestry; the final form of those will be published shortly. Further commitments have been made to publish guidelines on amenity landscapes, the scope and content of development plans and archaeology. Those guidelines are in the pipeline but if people believe there is a need for additional guidelines, I am prepared to listen to suggestions.

Although it was not in the specific question, the Deputy is correct in highlighting one of the commitments in the programme for Government, namely, the provision of more qualified planners at local authority level. The two professional bodies representing planners, the RTPI and the IPI, have expressed concern about the low number of professionally qualified planners employed in local authority planning. My Department has advised both bodies that the matter should be raised more appropriately with the Local Government Management Services Board. We have arranged an introduction to the board for these two bodies and I believe the IPI has made arrangements to meet the board to discuss the matter. This is an issue to which I will give my attention because it is important that we have suitably qualified planners in each local authority area.

Mr. Hayes

I am sure the Minister is aware the development plan process has already begun in the Dublin area. I welcome the Minister's comments on the need for new planning legislation and I am mindful that he intends to introduce legislation next year. Is that not ridiculous given that development plans will either have been agreed or will be in the final stages of agreement by that time? This legislation will be put on the Statute Book but it will not have any effect for a five year period. Will the Minister address that point? On the new strategic planning guidelines there is a considered view among the seven local authorities that make up the greater Dublin region, if one includes Wicklow, Meath and Kildare, that the level of local representation on this super body is abysmally low. I advise the Minister to reconsider the representation of local authorities on this body.

The Deputy will be pleased to know I never reject advice. I am always willing to listen to it although I may not always accept it.

He does not reject it but he does not accept it.

I am delighted to receive the benefit of anybody's wisdom. If we did a little more listening rather than talking in this House we might learn something. I take the Deputy's point but as he is well aware the process of development is ongoing with a five year roll-over period. It would not be in anyone's interest for me to tell local authorities to put a halt to the process of development plans as we could end up with a situation similar to that in County Kildare or in north County Dublin where the revision did not take place within the statutory five-year period. This is the reason I am not going to tell them to stop everything. However, if there are major implications in the planning review document then I hope they will take these on board for subsequent development plans or, if necessary, amend their plans accordingly.

Mr. Hayes

The Minister is putting them in limbo. There is no clear direction as to the policy plan.

I am not putting them in limbo as under their present statutory authority they can draft their development plans, which they should do. When they revise the development plans in four or five years the new planning regime and laws will be in place and I would expect them to abide by those.

On elected members, the Deputy will be pleased to know that I listened to representations made by Deputies and councillors who are members of my party about the composition of this body and the strategic planning guidelines for the greater Dublin area. I recently wrote to the chairpersons of the local authorities outlining a new proposal which will give them more direct access to the consultants, which will be helpful to them. I fully accept the Deputy's point about the importance of the local public representative having a greater input.

I am concerned about what might happen during the next five years. Will the Minister agree that like me he had occasion to correspond with Kildare County Council regarding its development plan? If that plan is adopted it will govern development policy and perhaps destroy the character of that county in a way which will not be redeemable in five years. Does the Minister propose in the interim to give guidelines to local authorities to enable a development plan to be drawn up which would at least predict the thought processes which will come in under the new development plan?

Deputy Stagg is not the only one who knows about these matters.

When the Deputy was Minister he was loath to interfere directly in the development plan process in Kildare and other areas——

Absolutely.

——as I would be. I have made known my views on the planning outline which Kildare County Council has put forward in relation to its development plan. It is entirely a matter for the local authority in Kildare to consider my views and to decide the best way forward.

On a full sovereign basis under the law.

Like my predecessor, Deputy Howlin, all I am doing is pointing out the need for it to have a strategic base to its development plan.

An integrated plan.

An overall integrated plan. The councillors were not totally to blame for what happened in County Kildare as they got bad advice at one stage. However, they now know what they have to do before I will grant the extension of the review period. I hope that as a result of the letter sent in September they have a clear view of what is necessary. I have every reason to expect the councillors to proceed with the review of their development plan and I hope I will be in a position to facilitate them in this respect.

The guidelines on land use have a huge influence on house prices and the availability of land. Does the Minister intend to lay down guidelines for local authorities on the amount of land that should be rezoned in any one period or in a single plan, so that there will not be a shortage of serviced available land for development?

Mr. Hayes

The Kenny report?

Is it not true that the Minister of State's investigation into house prices will centre on the availability of sufficient land in the greater Dublin area and surrounding counties? That is the nub of the problem in which the Minister, Deputy Molloy, will become involved. The planning section in my county is extremely understaffed. Will the Minister provide sufficient funds to over-developed counties, in which applications have increased by more than 40 per cent in the last 12 months, to provide planners to deal with the problems?

With all respect to my county colleague, I do not intend to answer questions of which I do not have notice and which are not specifically related to the question before us.

All Meath announcements will be made locally.

I am trying to help the Minister.

I know that and I thank the Deputy. If I knew the outcome of the consultants' report into house prices initiated by the Minister of State, Deputy Molloy, I would not have discussed the matter with him and agreed that it was the way forward.

Mr. Hayes

We will know in four months' time.

We must wait until we get the report before we jump to conclusions.

It might be only a two page report.

Because of my strong views on the devolution of power and my opinion that local government should be just that, I will not issue directives to local authorities as to how to draw up their development plans. That is best decided locally by public representatives and planners together, as they do efficiently and well in County Meath and other counties. The preliminary examination of zoned lands showed that in the greater Dublin area sufficient land has been zoned to allow for a population increase of about 65,000. The problem may not be zoning but servicing and we will look at that area. Another factor is the availability of zoned land for sale and housing and we will examine that also. I do not intend to direct any local authorities in regard to individual zonings as they are, with their professional planners, in the best position to decide that themselves.

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