Showing posts with label planning legislation. Show all posts
Showing posts with label planning legislation. Show all posts

Thursday, 31 March 2011

Minister risks returning to bad old days of planning

Phil Hogan aims to “review” legislation that put a halt to councillors engaging in reckless land rezoning

WITHIN WEEKS of taking over as minister for the environment in 2002, Martin Cullen identified the urgent need – as he and the construction industry saw it – to amend the 2000 Planning Act by removing its most innovative provision: a requirement under Part V that up to 20 per cent of all new residential schemes was to be set aside for social and affordable housing.

At the behest of builders who believed their overpriced private houses and apartments would become unsaleable if “poor people” were going to live in the same place, Cullen eviscerated Part V to permit them to provide social and affordable housing elsewhere or, alternatively, make a financial contribution to the local authority. It was a shameless cave-in.

Now, just two weeks after taking charge of the Custom House as Minister for the Environment, Community and Local government, Phil Hogan wants to “review” key elements of the 2010 Planning Act – probably the principal achievement of the Green Party during its fraught period in Government with Fianna Fáil – with a view to removing some of its shackles.

A populist position, or so it might seem superficially. According to Hogan, as reported in The Irish Times last week, “giving enormous powers to the minister of the day is unhealthy and not the way to deal with planning matters. Each region has different strengths. Centralisation of powers and planning functions in the Custom House is not the way to exploit that potential”.

What the 2010 Planning Act set out to do was to ensure the reckless rezoning of land that inflated the property bubble and gave us so many ghost housing estates would become a thing of the past. It aimed to make “evidence-based planning” and responsible zoning a legal requirement for local authorities, consistent with regional planning guidelines and the national spatial strategy.

This was a bitter pill for Fianna Fáil to swallow. But the Bill was vigorously opposed by Fine Gael because it “essentially amounts to watering down the powers afforded to councillors in regard to planning”, as Lucinda Creighton TD (now Minister of State for European Affairs) complained. Indeed, it would alter these powers “fundamentally”, she said during the Dáil debate last year.

The fact is that Fine Gael was as guilty as Fianna Fáil in rezoning land against planning advice over the years, not just in the Dublin area but throughout the State. Indeed, it was Fine Gael councillors who led the charge in 2005 to rezone hundreds of acres of land on the outskirts of every village in Co Laois, prompting then minister for the environment Dick Roche to use his powers to put a halt to their gallop.

In Co Monaghan, his successor – Green Party leader John Gormley – had to intervene in 2007 after councillors there had rezoned hundreds of acres for residential development (some of them located in floodplains) because this was “unwarranted” by housing need. Hugh McElvaney, the council’s Fine Gael leader, huffed that the minister was “against the development of villages the way we want them”.

Two years later, Gormley singled out Fine Gael councillors, in particular, for helping to inflate the property bubble – alongside Fianna Fáil and others.

They had been “embroiled in rezoning controversies across the country, and have embarked on nothing short of a rezoning frenzy in some cases. Yet the party leadership has been utterly silent on this behaviour”. Enda Kenny had nothing to say.

It is no secret that Hogan sought the post of Minister for the Environment. He had been Fine Gael’s spokesman, without having any obvious convictions about the environment. More importantly, he was Kenny’s bovver-boy when his leadership of the party was challenged last June and was also the party’s very effective director of elections, earning kudos for helping it to win an unprecedented 76 seats.

Hogan wanted the Custom House, and got it. One wonders why. On his desk is a file recommending that independent inspectors should be appointed to investigate planning irregularities in six local authorities, including one (Carlow County Council) in his own constituency. Even before taking up his post, he described these cases as “spurious, mostly”. It seems unlikely, therefore, that the investigations will proceed.

Meanwhile, Gormley’s plan for Dublin to have a directly elected mayor has been pigeonholed until 2014, if not killed off altogether. The ban on stag-hunting may also be overturned. Neither of these outcomes is surprising given that Hogan represents Carlow-Kilkenny, and his Minister of State for Housing and Planning, Willie Penrose, has been a “vote-getter” for the Labour Party in Longford-Westmeath.

Clientelist politicians to their fingertips, both Hogan and Penrose may be expected to pay more attention to the concerns of rural lobbies than they will to the fate of Dublin and other cities. Whatever “review” they carry out of the 2010 Planning Act – and it is to be done jointly – will need to be watched closely to ensure that we don’t blindly revert to the utterly discredited status quo ante.

Ironically for a man who told the Moriarty tribunal that he couldn’t recall being at a meeting with Denis O’Brien in October 1995 when the State’s second mobile phone licence was up for grabs, Hogan will be in charge of framing new legislation to ban corporate donations to political parties. More crucial will be whether this will shine the light of transparency into that murky zone where business meets politics.

Irish Times

www.buckplanning.ie

Monday, 29 December 2008

Planning Bill to end excessive rezoning - Gormley

NEW PLANNING legislation to be published early in 2009 will put an end to opportunist rezoning of land by county councillors, according to Minister for the Environment John Gormley.

The Planning and Development Bill 2009 will no longer permit excessive zoning of development land, a phenomenon that has become a "major problem" in recent years, Mr Gormley said.

The Bill is designed to allow an adequate supply of zoned and serviced land to ensure that house prices are not forced upwards and that economic development is maintained.

However, it will also outlaw practices where councillors zoned far more land for development than was required.

In the past 18 months, Mr Gormley has been forced to intervene with two county councils, Monaghan and Mayo - as well with zoning decisions in Dungarvan, Co Waterford - over plans that conflicted with national planning policy.

He won backing for his position from An Bord Pleanála. Its chairman John O'Connor said at the time that the board had frequently dealt with appeals relating to zoning decisions that did not accord with sustainable development. He said the zonings seemed sometimes to originate from pressure from local developers.

Mr Gormley points out that lands zoned in some county and city council areas were capable of meeting well over five times the housing needs of the development plan and led to houses and estates being built in improper and inappropriate locations.

The Bill proposes a new requirement to be imposed on local authorities to draw up a development plan that is evidence based.

The authority will have to show why the land is being zoned and demonstrate the basis for the scale of the development and the reason behind the locations.

For the first time also, there will be a requirement to show which parts will be developed first, and what plans are provided for public transport, water and sewerage, as well as the provision of schools in the locality.

Another significant change will see the common practice of introducing zonings very late in the preparation of county development plans, leaving no time for public consultation, being outlawed. All stages of the zoning process will now be the subject of public consultation.

"This is a touchstone issue for the Green Party and a huge priority for the party in terms of our history," said Mr Gormley.

"It will bring common sense and coherence to the planning system and introduce new obligations on local authorities to comply with all the planning guidelines . . . the National Spatial Strategy; flooding guidelines; regional guidelines and sustainable transport like cycling and walking."

Another key provision of the Bill is that all city and county development plans must include a "core strategy". This will align the plan to regional and national planning policies; will more closely relate housing strategy to population forecasts for the region; and also ensure that it reflects the National Climate Change Strategy.

In a separate development in early 2009, the issuing of foreshore licences will come under the remit of the Department of the Environment for the first time.

Mr Gormley described this as significant in terms of fast-tracking development of alternative energy sources such as wind, wave and tidal technologies.

Irish Times

www.buckplanning.ie

Saturday, 19 July 2008

Gormley to introduce Measures to improve the effectiveness, efficiency and environmental sustainability of the Planning Code

The Minister for the Environment, Heritage and Local Government has today (18 July 08) announced that he has received approval of Government to the drafting of the General Scheme of a Planning and Development (Amendment) Bill to amend the Planning Acts.

The primary aim of this Bill will be to ensure a greater coherence between the National Spatial Strategy, Regional Planning Guidelines, development plans and local area plans, particularly insofar as the zoning of land is concerned. It will also bring greater transparency into the process of zoning land and should help to secure a better return from investment on infrastructure under the National Development Plan and sectoral capital programmes.

The implementation of key areas of national policy such as the National Spatial Strategy, the National Development Plan, the White Paper on Energy and the Climate Change Strategy is dependent on an efficient and integrated planning process. At a more local level, modes of transport, the way homes and places of work are powered, the quality of local community and recreational facilities, the provision of educational facilities and the delivery of high quality sustainable infrastructure, are also dependent on a quality and effective development planning and management system.

“The Bill will help to reduce the need for central government intervention in the local government development plan process and will strengthen the local mandate by clarifying how planning authorities can and should better align their local policies and priorities with sound planning principles and with regional and national guidance,” said Minister Gormley.

In the past, there have been instances where land zonings or development policies set down in the 6-yearly development plans have failed to provide a proper and sustainable planning framework for the economic and social development of the area, particularly in terms of the inappropriate scale, pattern and phasing of development, and without sufficient regard to national and regional policies and priorities.

Introducing greater transparency into the zoning process:

Other proposals will include a legal requirement for development plans to be consistent with the NSS and the RPGs, strengthening the status of the Department’s planning guidelines and underpinning the evidence base for decision making primarily by strengthening further the development plan as the fundamental link with national and regional policies.

The Minister also proposes amending the legislation to provide that a resolution for a material alteration to a development plan (or the making or amendment of a local area plan) will require that 75% of the elected members vote in favour; currently a simple majority of those present is all that is required. The 75% rule already applies where a local authority decides to grant a planning permission that is a material contravention of the development plan. Late modifications to a draft (or variation to) a development plan/local area plan will not include any increase in the amount of zoned land beyond that in amendments already proposed and consulted on at an earlier stage.

Address European Court of Justice Rulings:

The Bill will also introduce further legal improvements to the planning code in the interests of planning effectiveness, efficiency and environmental sustainability and arising from recent European Court of Justice cases.

“In response to the ECJ ruling on 3 July, I propose to remove the possibility of retention for unauthorised developments which would otherwise have been subject to Environmental Impact Assessment. I also proposes to put in place strengthened legal provisions in relation to the Appropriate Assessment of development plans, local area plans and planning schemes prepared for strategic development zones under the Habitats Directives,” added Minister Gormley.

“The proposals for the Bill represent the latest instalment of a package of measures that I have taken or planned since I took office last year to streamline the planning framework and where possible achieve a better alignment with key national policy objectives including, in particular, addressing climate change through the planning system,” ended Minister Gormley.

www.buckplanning.ie

Gormley Bill will limit councillors' rezoning powers

NEW PLANNING legislation which will limit the power of county and city councillors to rezone land is to be introduced by Minister for the Environment John Gormley this autumn.

The draft planning Bill, which will stop councillors from rezoning land for housing against the advice of county managers and planners, has angered councillors who claim that Mr Gormley is rowing back on commitments to give more power to local government.

The new measures will also stop developers from building without, or contrary to, planning permission and then applying to retain the unauthorised structure.

The power to rezone land is a reserved function of councillors. This means that even if a county manager tells the council that he has been advised by the senior planners and the council's law agent that the rezoning is contrary to national guidelines, councillors can still rezone.

The new legislation will remove this power. Under the Bill councillors will not be allowed to rezone land if this conflicts with central government plans such as the National Spatial Strategy and the National Development Plan.

Mr Gormley has said he is introducing the measures to stop councillors from ignoring national and regional policies and to prevent him having to intervene when a county development plan contravenes national guidelines.

This time last year Mr Gormley directed Monaghan County Council to rescind rezonings after councillors rezoned what he felt were excessive amounts of land for housing. The councillors had rezoned the land against the advice of the county manager.

Mr Gormley said he had intervened "very reluctantly" but had done so for the common good.

"The Bill will help to reduce the need for central government intervention in the local government development plan process," he said. He added that local government's mandate would be strengthened because the Bill would clarify "how planning authorities can and should better align their local policies and priorities with sound planning principles and with regional and national guidance".

Urban and rural councillors accused Mr Gormley of eroding democracy and rowing back on his commitments in his recent Green Paper on local government reform to give more power to councillors.

Monaghan county councillor Gary Carville (FG), who was county mayor last year when Mr Gormley quashed the council's rezonings, said the Minister lacked respect for local government.

"This is a backward move where local government reform is concerned, but it doesn't surprise me given John Gormley's track record in relation to decisions made lawfully by councillors."

Mr Gormley was going against his own Green Paper, he said. "How can you strengthen local democracy if you are taking away powers from local government?"

Dublin city councillor Dermot Lacey (Lab) said he was shocked and angered by the "further erosion" of local government powers.

"The Department of the Environment has some cheek, some neck. There isn't a single solitary reason why the Department of the Environment knows any better than local government."

The Bill has a provision to stop large developers from applying retrospectively for permission for unauthorised developments. This will apply to development requiring environmental impact assessments, not small domestic projects such as house extensions.

The Irish Planning Institute said that a greater consistency between local plans and national strategies would stop "overzoning".

The Irish Times

www.buckplanning.ie

Saturday, 5 July 2008

European court ruling may force change in planning laws

THE GOVERNMENT could be forced to amend planning laws following a landmark ruling by Europe's highest court that found its existing rules fail to protect the environment.

The European Court of Justice in Luxembourg yesterday found that weak Irish planning legislation was responsible for the major landslide at Derrybrien, Co Galway, in 2003 that killed 50,000 fish and badly scarred a peat landscape.

It also ruled that a failure to mandate environmental impact assessments before projects begin and a commonly used planning mechanism to grant retention for projects with no planning permission, break EU law.

The ruling by the European Court of Justice dealt with a specific complaint lodged by the European Commission over Ireland's failure to carry out a proper environmental impact assessment at the wind farm project at Derrybrien. It also considered a wider complaint from Brussels that the Government's existing planning rules, regarding impact assessments and retention permission, fail to protect the environment adequately.

Yesterday environmental campaigners in a range of cases said the judgment would refer to the development of a large number of quarries across the State, as well as pig-rearing, peat-extraction and wood-processing enterprises; a hotel in Co Kildare, which received retention permission only after it was built, and a convention centre in west Dublin, where work began without proper planning approval.

Noel O'Connor, a senior executive with the Construction Industry Federation, said the ruling was being studied by his members and the federation executive.

In an initial reaction, he said he believed the ruling appeared to relate only to cases of retention. He said builders' approaches to environmental impact assessments had changed significantly since Derrybrien, and so the impact may not be widespread.

There was an issue about retention "where restoring a site might not be the best solution" to a problem. In some cases, an application for retention was lodged because it was in the best interests of the site, he said, adding that each project was complex with a different set of circumstances.

Ian Lumley of An Taisce said there was now a significant issue about environmental impact assessment in relation to infrastructure which should be addressed by An Bord Pleanála.

"I am concerned it is ongoing," he said, adding that residents' groups and community associations across the State may apply to the courts to have planning decisions rescinded and, if appropriate, have compensation made.

The court dismissed arguments advanced by the Government last year that poor construction work by the contractor was to blame for the incident and the size of the wind farm meant an environmental impact assessment was not required.

In its ruling, the court noted that the installation of 46 wind turbines, which at the time represented Ireland's largest wind farm and was one of the biggest in Europe, required an environmental impact assessment under EU law.

The European Commission cited several examples where no environmental assessment had been carried out before construction work began, or where a developer was granted retention permission after starting work without any planning permission.

The "common" use of retention permission may have the effect of "encouraging developers to forgo ascertaining whether intended projects satisfy" EU law. The court ordered Ireland to pay case costs.

If the Government does not amend its legislation to comply with the court's ruling, the commission could apply to the European Court of Justice to have hefty fines levied on the State.

JAMIE SMYTH,TIM O'BRIEN
The Irish Times

www.buckplanning.ie