The Seanad discussed on Monday the planning and development controller’s “absolute authority” and “no supervision,” as part of debate on the third largest legal act in the nation’s history. Rebecca Moynihan, a Labour Senator, pointed out a “serious shortcoming” in the 747-page Development and Planning Bill that the Planning Regulator’s Office “lacked supervision and responsibility” sanctioned by the bill.
She voiced concerns over the birth of the bill amidst criticisms against An Bord Pleanála and assumed conflicts of interest, yet stated that the most influential body it is authorising, the Planning Regulator’s Office, remains “completely unscathed”.
With the Senators debating 662 amendments to a bill containing 580 clauses aiming to simplify the planning procedure and modify laws, the matter of extending the cut-off and shortening permissible time to present certain judicial investigation challenges has been widely discussed. This is in relation to concerns over limiting Oireachtas’ scrutinization of approved government planning statements.
Moynihan pointed out what she referred to as “a kind of institutional takeover” of the bill by the Regulator’s Office. She also requested the office to have its board “similar to every other semi-state agency”, at the very least.
“While An Bord Pleanála will experience changes in its function and title, the organisation will be divided between those managing planning and those managing executive functions. In terms of interpretation of national plans and adopting a plan-led approach, the planning regulator enjoys limitless authority,” she stated.
Independent Senator Michael McDowell warned that the regulator’s power could “utterly undermine local governance rights.” He said, in local councils, the power is “significantly skewed” towards managerial executives over elected members, and this legislation now “permanently establishes this rigid control system on local council members”.
Senator Victor Boyhan, who holds an independent seat, has proposed the appointment of a principal planning officer for every local government institution. His concern stems from the current situation where many local government planning directors do not possess relevant skills or planning experience, which he decried as illogical. He argued for skilled professionals by equating the situation to appointing a finance director or a county architect without any prior expertise in their respective fields.
Independent Senator Alice Mary Higgins, meanwhile, stated that public perception often wrongfully deem councillors as weak decision makers, believing the creation of a new higher-level decision-making agency will rectify problems. She emphasised clarity about the fact that An Bord Pleanála, the same board accused of scandals and corruption, maintains the same issues even after a supposed “rebranding”.
On the other hand, Minister of State for Housing, Alan Dillon, dismissed these comments about the regulator, arguing they didn’t accurately represent the regulator’s duties. According to him, the regulator’s objective is to guarantee the effective execution of planning policies and laws by local authorities and An Bord Pleanála, support state policies and legal needs, and provide a just and autonomous platform for the general public to voice concerns.
Green Party’s Senator, Vincent Martin, supported the regulator and stated the establishment of the office was a response to local government corruption, specifically citing the inappropriate zoning of land in flood-prone areas by council members, which was against the advice of engineers and planning experts.
On the contrary, Pat Casey, a senator from Fianna Fáil, argued against generalising such instances. He disagreed particularly with Mr Martin’s argument about council members, suggesting that these issues might only be applicable to certain cases.