Dáil Éireann Debate, Thursday - 23 July 2020
2. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Planning and Local Government if a review of the strategic housing development process is under way by his Department; his views on the structure of such a review; and if a report will be prepared on the matter. [17677/20]
Amharc ar fhreagraI want to ask the Minister about the strategic housing development Act brought in by the previous Government and if he is conducting a review of that Act. I understand that Act and its provisions are to continue until mid-2022.
It is controversial legislation. It overrides local authorities and their planning processes and has led to much upset and controversy in local communities. I want to get a sense from the Minister of the plan of the Government to renew the terms of the Act.
I thank the Deputy for his question. The Planning and Development (Housing) and Residential Tenancies Act 2016 introduced what the previous Government defined as a new streamlined arrangement to enable planning applications for strategic housing developments, SHDs, of 100 units or more or student or shared accommodation developments of 200 bed spaces or more to be made directly to An Bord Pleanála for determination.
Section 4(2) of the Act provided for the possibility of the extension of the SHD arrangements beyond their initial end date of 31 December 2019 to 31 December 2021. The Deputy will be aware of that. This is subject to the undertaking of a review of the operation and effectiveness of the SHD arrangements and the laying of a report, as well as the Minister's conclusions on that report, before each House of the Oireachtas.
In this regard, an external SHD review group was established by the previous Minister in June 2019. The report of the review group was received by the previous Minister on 24 September 2019.
The previous Minister signed an order on 2 December 2019 to extend the SHD arrangements to 31 December 2021, which is the end date of Rebuilding Ireland - Action Plan for Housing and Homelessness. That is the maximum period for which SHD arrangements could be extended under the Act. Copies of the reports are available on my Department's website. I am sure the Deputy has one.
The new Programme for Government: Our Shared Future commits to not extending the SHD arrangements beyond their legislative expiry date of 31 December 2021. I give a commitment again in the House that there will be no further extension to the SHD arrangements. Given that a recent review was carried out, I have no plans to initiate a further review of the SHD provisions prior to the expiry of those arrangements. I will not extend them beyond 31 December 2021.
I am glad to hear the Minister say that because he was quite vocal in his constituency on this matter. Fianna Fáil representatives in my constituency were very concerned about this legislation on the basis that it was not doing what it was designed to do because a number of planning cases ended up in the High Court and it was overriding the powers of the local authority. When something overrides a local authority, it overrides the democratically constituted development plan of the city.
As people know, councillors have limited powers but one of the powers they do have is to put together a development plan, which includes zonings. If legislation can override that and people can go directly to An Bord Pleanála for developments comprising more than 100 units, this means that An Bord Pleanála does not have to be bound as rigidly by the zonings, which has led to a lot of controversy about certain lands which are zoned in a particular way. I know the Minister will appreciate that. I want him to reaffirm his commitment that he will not extend SHD legislation beyond the date he has indicated.
I thank the Deputy. He has been very vocal and active on this issue in his constituency, as well as elsewhere. I have raised concerns publicly about this process. To wind it down now would take as long as it would take for it to expire. I can give the Deputy a firm commitment.
Colleagues in my party also raised concerns about this matter on a number of occasions. In the programme for Government we have made a commitment that there will be no further extension beyond the expiry date of the SHD process. I want to make sure that our local authorities and planning teams are resourced so that they are able to deliver housing that is sustainable for our people and the infrastructure that is badly needed. My focus, as Minister, and that of my Department, along with my colleagues, is to deliver homes for people and families. That is what we intend to do. The SHD provision will not extend any further than its expiry date. I can give the Deputy that commitment.
It is crucially important for local democracy that people elect their local councillors and that those councillors oversee the development plan, the running of the city and zonings. The latter are there for particular reasons, namely, to protect open spaces and build communities which can thrive into the future and which people can live in and enjoy. Councillors and council planners are there to oversee a city, county or area that works. The legislation to which I refer is particularly destructive in that regard. I am glad the Minister has recognised that and that we can work together to ensure that it will not be renewed. We will hold the Minister to that commitment because we do not want him to change his mind six months or a year from now.
I give the Deputy a firm commitment, on my first set of Priority Questions as Minister, in public and in front of colleagues that these provisions will not be extended. We will need to work together on the joint committee on housing, local government and heritage, as it will be constituted, on how we can strengthen resources within our local authorities and planning teams so that we can deliver good plans more quickly.
One of the arguments going back to the passing of this legislation was that there was a hold-up in the planning process in 2016. There is a commitment in the programme for Government to the use-it-or-lose-it clause for planning permissions that relate to any development of over ten homes. As a Government, we will address that and I look forward to working with the Deputy on it because if someone is granted planning permission there should be a reasonable time given for that person to activate it. People should not be allowed to continuously extend planning permission or flip it over. I can give the Deputy a firm commitment that there will be no extension past the expiry date of SHDs.
