The Irish Planning Institute (IPI) has reiterated its concerns with the Planning and Development (Housing) and Residential Tenancy Bill 2016 which directs larger housing applications to An Bord Pleanála. 

IPI President Deirdre Fallon told the Institute’s AGM today (8th December) “While the Institute acknowledges that every effort must be made to address the current housing crisis, it continues to be our position that it is not clear whether or not this Bill will in fact help address the major issue of housing supply. The proposed reforms contradict some of the principles of the Department’s own 2015 Planning Policy Statement and substantially shift power in the planning system without any wider reform strategy do not appear to be required in order ensure there is sufficient planning permissions for housing.”

“The Bill effectively encourages applicants to submit applications which materially contravene the local Development Plan provided they provide some justification. Development Plans are an environmental contract between the public and decision makers. Pre planning work with the local authority under the Bill is likely to be primarily based upon the provisions of the Development Plan. However, the Board only has to ‘have regard to’ Development Plans suggesting they are a less critical consideration. These provisions could encourage applications which do not comply with Development Plans and fundamentally alter the relationship between local communities and planning authorities, damaging the credibility of local government and the planning system as a whole.”

Fallon continued “Notwithstanding the principle, there are issues with the Bill in practice as we set out in a submission to the Department. For example the Board should be required to give reasons for departing from their Inspector’s recommendation and for departing from the recommendation of the planning authority. The Institute is concerned with the presumption against further information and against oral hearings. Without these two facilities being available, it is not clear how the issues raised by third parties can be fully addressed and issues associated with complex applications can be resolved. In addition, the Bill as proposed does not include any facility for the submission of unsolicited information by an applicant, for example, in response to issues raised by third parties. Given the presumption against further information, this could mean that information which could resolve simple issues cannot be made available by applicants and the application could fall as a result. This is bad for everyone.”

Fallon concluded “The legislation allows for compliance matters with conditions to be dealt with by planning authorities but is silent on the timeframes associated with compliance. The agreement of compliance issues before commencement of development can be a very major issue for the delivery of developments that have planning permissions. We have emphasised that the focus should not be on the number of permissions granted, it should be on why those granted are not being built. Finally, in order for the new application process to work as the Department envisages, adequate resourcing will be required; in An Bord Pleanála, in planning authorities and also in the prescribed bodies who could be in receipt of a greater number of requests and referrals.”