Committee Reports > List of Committees > Joint > 1998 > Committee on Environment and Local Government > Review - Planning Legislation

Review of Planning Legislation

1. Introduction

The Joint Committee on Environment and Local Government (“the Committee”) agreed its Work Programme in accordance with the provisions of Standing Orders of both Houses of the Oireachtas on 14 January, 1998. The Committee further agreed to commence the Work Programme with the consideration of the following item:

“9.Review of Planning Process: Consultation with Minister for the Environment and Local Government re review of Planning Legislation including a briefing on the Convention on the Review of Planning Legislation. (27 November, 1997).”

2. Briefing on the Convention on the Review of Planning Legislation and consultation with An Bord Pleanála.

2.1At the meeting of the Committee on 28 January, 1998 the Committee heard a briefing from Mr. John O’Connor, Assistant Secretary at the Department of the Environment and Local Government, on the Convention on the Review of Planning Legislation which took place in Dublin on 27 November, 1997. A summary report on the said Convention was also circulated to Members at that meeting - Appendix II.

2.2.1Mr. O’Connor advised the Committee that, although the deadline for submissions to the Minister for Environment and Local Government (“the Minister”) in respect of the Review of Planning Legislation had passed, the Minister would welcome the views of the Committee in this matter.

2.2.2On 4 March, 1998 the Committee also heard evidence from An Bord Pleanála regarding various aspects of the planning appeals process. The Committee acknowledges the manner in which it has been facilitated by the Minister and his officials and An Bord Pleanála and now details below those issues which it is of opinion should be addressed.

3. Issues to be addressed in the context of the Review of Planning Legislation.

3.1The Committee acknowledges that in considering its recommendations, amendment of primary legislation may not be necessary. Indeed, a number of issues for consideration relate to the day-to-day management of public authorities and may be more properly addressed in the form of secondary legislation, guidelines for issue to local authorities, etc. However, the Committee is of the opinion that in conducting a review of planning legislation, the views of the Committee in relation to the planning process as a whole may be beneficial to those conducting the Review.

3.2Protection of Architectural Heritage

The Committee recognises that separate legislation is required in this matter but recommends that legislation be initiated as soon as possible.

3.3Enforcement of Planning Legislation

The powers of local authorities in ensuring that the planning laws are complied with need to be considerably strengthened, in particular to ensure that the law in relationship to retention orders is not abused. There are insufficient resources available to local authorities to enable them to exercise their powers of enforcement. Therefore, adequate resources, human and financial, must be made available as soon as possible.

3.4An Bord Pleanála

3.4.1There is a need for greater transparency in the manner in which An Bord Pleanála conducts its business.

3.4.2The role of elected representatives in making representations in connection with an appeal to An Bord Pleanála should be given due consideration and the fee payable waived.

3.4.3Where An Bord Pleanála overturns a decision, a full public explanation should be made.

3.4.4Where An Bord Pleanála considers an appeal in respect of the refusal of planning permission by a planning authority to make a material contravention of a development plan, An Bord Pleanála should be obliged to go through the same procedure as required by a planning authority under Section 26 of the Local Government (Planning and Development) Act, 1963, notwithstanding Section 14(8) of the Local Government (Planning and Development) Act, 1976.

3.4.5A statutory time limit for determination of appeals should be considered.

3.5Local Authorities as Planning Authorities

3.5.1Information technology should be utilised to a greater extent e.g. the status of a planning application should be available electronically.

3.5.2Planning officials should be obliged to meet with interested parties after a planning application has been made, when requested.

3.5.3Local authorities should be empowered to refuse planning applications on environmental grounds and, notwithstanding the licensing functions of the Environmental Protection Agency, local authorities should be enabled to examine the environmental issues attaching to planning applications.

3.5.4To ensure enhanced sustainable mixed use development, local authorities should be empowered (where a number of different land owners are involved) to purchase compulsorily an entire area as a means of securing compliance with all aspects of an area action plan.

3.5.5Local authorities should be empowered to introduce a scale of development levies which recognises the environmental gain of a proposed development.

3.5.6In view of the current situation regarding house prices, local authorities should be required to give priority to planning applications for housing.

3.6Rezoning of Land

3.6.1Consideration should be given to the provision of special industrial development zones which would increase the efficiency of the planning process in certain cases.

3.7.Public Participation

3.7.1The issue of greater participation by the public in the planning process must be addressed by the use of up-to-date communication methods. All local authorities have an important role to play in the process.

3.8General

3.8.1A regional approach to planning, particularly in large urban areas, should be considered.

3.8.2Careful consideration should be given before extending categories of exempted developments.

3.8.3To ensure good planning, more careful consideration should be given to those rural resort areas designated for relief under the Tax Acts.

3.8.4In redesignating land (e.g. along the western seaboard), the cause of immigrants who may wish to return to re-establish homes should be considered sympathetically.

3.8.5The necessity to provide for an adequate number of secure truck stops on all national primary and national secondary road routes should be taken into account by the relevant planning authorities.

Jackie Healy-Rae, T.D.,

Chairman.

13 May 1998