Meath cllrs debate radical new planning law proposals that aim to make it more difficult for objectors to hold up decisions
Dramatic changes to the planning laws proposed by the Government, including the barring of residents’ associations from taking High Court cases, have met with a mixed reaction from Meath county councillors.
Among the moves planned by the Minister for Housing Darragh O’Brien to increase the delivery of new homes is to make it more difficult for objectors to hold up planning decisions. It is also planned to increase the powers of local authorities to make compulsory purchase orders including measures to clarify how they can acquire vacant or derelict properties and sell them for development or residential use.
Fine Gael whip on the council, Cllr Gerry O’Connor said that the plan was a draft one and will be published early in the New Year when it has to go through pre-legislative discussions at the Oireachtas Housing Committee before going to the Dail and Seanad for debate. The draft Planning and Development Bill 2022 is the result of a 15-month review of the planning system. Among the measures he welcomed were the proposed statutory timeline for all consent processes, including An Bord Pleanala especially, in the area of strategic infrastructure development which included offshore wind projects “which are vitally important if we are to achieve our climate action targets”.
He had a cautious welcome for the upgrade of ministerial guidelines to National Planning Policy statements but he would be concerned that, similar to the National Planning Framework and Regional Spatial and Economic Strategies, “which have caused problems with Meath County Council and the county development plan”, these upgraded policies would further weaken local government’s ability to influence positive outcomes for constituents, he said.
“While I welcome the proposal to extend local development plans to cover 10 years rather than the current six years, a lot can happen in five years as we know in Meath. I believe a five-year review is too long to wait”. The FG leader welcomed proposed changes in the judicial review process because he believed planners should make planning decisions rather than judges, and also for the local authorities to have greater clarity around CPOs to acquire vacant or derelict properties. “The devil is in the detail and draft bills can change dramatically after debate but overall I welcome the Bill”.
Fianna Fail whip on the council Cllr Damien O’Reilly said he was against proposed changes to the development plan time cycle to every 10 years because this would slow up reaction to the housing crisis. However, he welcomed the proposed statutory timelines for all consent processes, including An Bord Pleanala, especially in the area of strategic infrastructure developments, and also changes to judicial review processes. The cllr also welcomed the proposed reconstitution of An Bord Pleanala to the Planning Commission. “The NPF and RSES policies are still fuelling the housing crisis, with inaccurate census population allocations. Dezoning in the wrong locations is fuelling the housing crisis.” Removing so many functions from councillors was fuelling the housing crisis, he claimed.
Independent Cllr Brian Fitzgerald said it would be difficult to give an objective view until the Bill has gone through the committee stages. However, planning needed to be streamlines but would not agree with the approach being taken. This would further erode local authority powers and transfer them to the Office of the Planning Regulator which is proving to be out of touch with the everyday needs of housing. It would give OPR authority over material contraventions whereas, currently, council planners can being one forward if they think it is in the best interests of the county. “We are heading towards centralised planning in this county and it is time our national politicians wake up and not let another act do just that. I don’t want a dictatorship emerging in this country. Local authorities have played a huge role in developing counties over the years and can stand proud of their achievements without the diktat that is happening every other year by handing over power to quangos”.
The agreed proposals on planning reform represented “an effective power grab” by the Minister and were unnecessary, Labour Cllr Elaine McGinty said. “We absolutely need a reform of our planning legislation but not like this. The Labour Party has long called for reform of the planning process but this must be carried out with public consultation. Given the allegations surrounding An Bord Pleanala in recent months, public confidence in the planning process is absolutely paramount. The effect of these reforms will be to rework access to judicial review. The reality is that people will actually be worse off for these changes. The Minister should be engaging with the public and rebuilding trust in the planning process and not shutting them out”.
Sinn Fein Cllr Eddie Fennessy said that his party was totally opposed to changes to An Bord Pleanala. What the Minister was doing was seeking to centralise the power of appointments in a way that would further undermine the independence of the board. “This comes at a timer when the Bord is already in a state of crisis and public confidence at an all time low”.
“We favour a hybrid model of appointments combining a panel system with an open and transparent competition. The Minister proposes to give himself widespread powers to decide on the appointments process. This is too vague and broad and open to political interference”.
His party was also concerned with the proposals to appoint an interim chair and board members from the Civil Service. This had the potential to undermine the board’s independence. “Sinn Fein tabled amendments to these issues which the Government rejected”, Cllr Fennessy said.