Problems in planning have almost entirely been created by Government’s own policies
PUBLIC confidence in the planning system has been undermined by delays in the planning process and troubling allegations about An Bord Pleanála. Whether that confidence can be restored depends on how the Department of Housing and Local Government (DHLG) responds to a crisis which, it must be said, appears to be largely of its own making.
In recent years government figures have blamed “blockages in the planning system” and increases in judicial reviews as contributory reasons for our housing crises.
Yet both these issues were effectively created by changes in policy and legislation driven by the government in relation to Strategic Housing Developments (SHD) .
By foisting the SHD process on An Bord Pleanála, without putting in place the infrastructure to cope with the applications, they created an inequality of arms for large residential developments. An Bord Pleanála staff suddenly had to process and check numerous large applications, each requiring an Environmental Impact Assessment Report (EIAR), which in itself, including appendices, could run to thousands of pages.
The DHLG also introduced statutory timeframes for doing so, which resulted in the publicly-funded An Bord Pleanála being liable for €10,000 fines. This put admin staff, inspectors and board members under extreme and unfair pressure to carry out their new responsibilities, in addition to day-to-day applications, without providing the infrastructure to cope with this policy change. This is what has, in all probability, led to the delays in all aspects of An Bord Pleanála functions.
When an SHD application is prepared by a developer, a team of engineers, architects, ecologists, geologists, hydrologists are involved and it can take years.
Yet just a single planning inspector is assigned to assess the SHD application.
No matter how accomplished, one inspector could not possibly have the qualifications to adequately assess the planning, environmental and potential legal issues. Yet they have to, in just 16 weeks and include public, prescribed bodies and local authority submissions.
The knock-on effect extends beyond the internal workings of An Bord Pleanála, it has a far-reaching impact on other government bodies, local authorities and the public.
When an application is lodged, the local authority, prescribed bodies and the public have five weeks to read it and make a submission.
When making the decision to divert SHDs through An Bord Pleanála, it is clear that the DHLG did not consider the wider impact on day-to day-operations and functions of bodies such as the National Parks and Wildlife Service, Environmental Protection Agency and local authorities.
Indeed, when a local authority or prescribed body has to deal with multiple SHDs, without additional resources, their other functions are impacted to the detriment of users of their other services.
The Strategic Housing Development policy created an increase in workload without an equitable increase in resources, the consequence of which appears to be an across-the-board decrease in detailed scrutiny of these applications and an apparent lack of appropriate governance at senior level in the planning body.
This lack of detailed scrutiny has triggered an increase in SHD judicial reviews. Finger-pointing by ministers and civil servants in judicial reviews for preventing housing being built is also undermining public confidence in a government unwilling to accept responsibility.
In 2016 an independent organisational review of An Bord Pleanála was carried out, but many of the recommendations were not implemented and it is unclear why. Such recommendations include an in-house legal team, environmental experts, a panel of experts available to inspectors and for the Public Appointments Service to assess potential board members.
These are still relevant and should be implemented immediately.
Minister O’Brien has provided funding for increases in staff and board members. But even temporary appointments of board members to a quasi-judicial role rather than through a fast-track process could be legally problematic.
Extra resources at other bodies and local authorities need to be seriously considered. If such measures are implemented urgently there may yet be time to re-establish public confidence in the system.
Sabrina
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