Planners Raise Concerns Over New Bill
Wednesday, June 21, 2006
Irish Planning Institute Submits Amendments to Dail
The Irish Planning Institute, which represents planners throughout the country, has expressed concern that key principles of our planning system could be undermined by the Planning and Development (Strategic Infrastructure) Bill 2006 which is now before the Oireachtas.
The Institute has made a detailed submission to the Department of the Environment, Heritage and Local Government, and to the Opposition Dail spokespersons, with a view to having the necessary changes made during the Committee Stage of the Bill which commenced today (June 21st) in the Dail.
The Institute maintains that the “one stop shop” mechanism proposed by the Bill would only be acceptable in cases where a project has been identified in a plan that has gone through a public consultation process and where the merits of the project in terms of spatial planning have been considered in principle
“This can best be achieved”, said the Institute’s President, Henk van der Kamp, “if the proposed strategic infrastructure process is limited to those projects that have been first identified in national or regional plans, and the locations of which are publicly known, and agreed in advance.”
The Irish Planning Institute supports the principle of faster and more effective planning decisions, particularly with regard to key infrastructure where there is a general consensus that the development is needed and will benefit the common good.
However, the Institute has given serious and lengthy consideration to the Bill now before the Oireachtas and has concluded that, if passed into law as now drafted, the new proposals will undermine key principles of our planning system particularly with regard to the following issues:
- The absence of a clear linkage to the hierarchy of planning policy instruments (particularly development plans and local area plans) that are at the core of our planning system;
- The absence of rights of appeal on substantive planning issues for all parties, with recourse to the courts only on points of law, strikes at the principles of fairness and transparency that underpin our planning system; and
- The threat to the impartiality of An Bord Pleanála in the public’s eye if they are required to facilitate consultation with the proposer of a project, without a similar and equal right of consultation by those opposed to a project, such as local residents who might be affected.
As the professional institute representing the planners - both in the public sector and in the private sector - who work at the coalface of the planning system and have experience of its practical operation, and who will also be tasked with implementing the new statutory provisions, the Institute feels that it has a valid contribution to make to the debate, and has submitted detailed suggestions for amendments to the Bill, having consulted widely with its membership.
Mr van der Kamp added:
“The Institute acknowledges that there appears to be broad consensus within the Oireachtas for the overall principle of the strategic infrastructure mechanism and, therefore, that it is likely that it will be passed by the Oireachtas. As a result, the Institute has prepared a number of detailed suggestions for amendments, which will strengthen this principle, while making the process fairer for all sides, and will mitigate some of the significant problems with the text, as now presented to the Dail for enactment. The Institute hopes that these suggestions will be taken on Board, in the spirit of partnership, by the Minister, and by the members of the Dail, during the forthcoming Committee stage of the Bill.”
Some of Institute’s key concerns are:
1. The danger that the strategic infrastructure process might be used as a “back door” for controversial private projects to avoid the normal planning process and, therefore, facilitate projects that are primarily profit driven and not necessary genuinely in the public interest.
2. The fact that there may be increased scope for judicial review procedures arising from “closed door” proceedings and the lack of an appeal mechanism for decisions made by the Board, incl. conditions imposed.
3. The lack of any definition in the Bill of the “national interest”, which is one of the criteria that An Bord Pleanala would have to consider in adjudicating on all projects, both of a strategic infrastructure nature and otherwise.
4. The proposal that the Minister would have the right to set the criteria by which concerned NGO’s, such as environmental groups, would be eligible to take part in the process, including their access to the courts.