The Irish Mail on Sunday

Problems in planning have almost entirely been created by Government’s own policies

- By SABRINA JOYCE-KEMPER Joyce-Kemper holds an advanced diploma in Planning and Environmen­tal law, is a citizen lobbyist and environmen­tal defender.

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

RUGBY player Mike Tindall’s signing up for the next series of I’m A Celebrity Get Me Out of Here makes Mike, left, the first member of the royal family to dip their toe into the choppy waters of reality TV. But not presumably the last. It will be interestin­g to see what other previously unthinkabl­e and tacky commercial projects the royals take on now that Queen Elizabeth is dead.

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