Published: Wednesday, 2nd December, 2009 6:00pm

Minister slammed over new planning proposals

County councillors in Westmeath have rounded on Minister John Gormley over proposed new planning regulations being prepared in the Oireachtas, accusing him of trying to set up a "dictatorship", and being "opposed to the development of local government".

The Minister for the Environment, Heritage and Local Government was the subject of fierce criticism, as Westmeath councillors studied the proposed 2009 Planning and Development (Amendment) Bill at their monthly meeting on Monday last.

Responding to a motion tabled by Fine Gael's Cllr. Joe Flanagan, senior Council planner Terry McCague set about whittling down the complex document, for the benefit of elected members and the public.

Mr. McCague explained that the aim of the legislation - announced by Minister Gormley in May - is to create a "clear national hierarchy" between various national, regional, county and local area plans.

It also claims to reform the zoning process, introduce new levels of transparency and accountability, and aims to incorporate the "Green agenda" on carbon emissions into everyday planning practice.

Mr. McCague explained that under the legislation as it is, Local Area Plans would only be permitted for settlements with a population threshold of 5,000 persons or more, with a discretionary threshold of between 2,000 and 5,000 permitted for areas subject to "large scale development".

With councillors from rural areas expressing concern as to what this would mean for smaller villages in Westmeath, Mr. McCague said that this part of the legislation is likely to be changed, as it enters the fourth stage of its passage through the Oireachtas.

Although they welcomed proposals to allow local authorities to refuse planning permission to applicants with a record of non-compliance, councillors winced at what they see as a transfer of planning powers from local to regional authorities, and to the Minister himself.

The members are concerned as to where the proposed "national hierarchy" and reforms to An Bord Pleanála would leave the local politician's influence over simple planning matters.

They also questioned why, for example, the local authority would have to consult the Minister before making, amending or rescinding a Local Area Plan under the proposed bill.

"If we're going to link local planning to the National Spatial Strategy, then we're moving into very dodgy waters," Cllr. Flanagan told the meeting, saying that following a talk about the bill at a recent LAMA conference in Limerick, he believes the legislation would leave councillors with a "diminished role" in planning.

"We would be left in a position where we would be reduced to rubber-stamping what the Minister wants," he said.

Labour's Cllr. Mick Dollard said that the two "most important areas of responsibility" for a local councillor are the striking of rates, and his or her influence over the County Development Plan.

He said that the proposed legislation "lacks transparency and democracy".

"The words and terminology in it are dictatorial," Cllr. Dollard said, adding that the bill went to great lengths to address "issues raised by Green councillors, some of whom are no longer councillors".

"But at the time, they had the ear of the Minister," he said.

Later in the debate, Cllr. Dollard remarked that Minister Gormley was "opposed to the development of local government".

"It's an absolute disgrace," he said. "This is the person who is supposed to represent local government."

His colleague, Cllr. Dan McCarthy, also criticised the Minister, describing the Planning Bill as a recipe for "dictatorship".

"This is nothing more than a further erosion of our powers," he fumed. "When it comes to bad planning, the Minister can point his finger at one or two counties, but that's not to say he can point it at this county."

Labour's Cllr. Gerry Corcoran said that proposals to reduce the An Bord Pleanála quorum from three to two would risk "overriding expertise", and leaving important decisions in the hands of "one or two people".

The proposed legislation came in for criticism even from Government-aligned councillors.

Athlone's Cllr. Frankie Keena (Fianna Fáil) said that while he welcomed the bill's commitment to cracking down on rogue developers and serial non-compliance, he was "not happy" with a number of its features.

His colleague, Cllr. Robert Troy, said that while bad planning and corruption "has to be tackled", he couldn't agree with the wresting of planning influence from local authorities.

Coole area FF councillor Paddy Hill said that he "wouldn't be happy to see power go to regional authorities".

"Is there a future for local government at all?" he asked. "We hear Enda Kenny saying that if Fine Gael gets into Government, they're going to get rid of the Seanad.

"Another day, we hear a senior minister talking about abolishing county councils in favour of regional authorities.

"I would have serious concerns over such dilution of powers," Cllr. Hill said.

In summary, Mr. McCague told members that the proposed legislation indicates a "clear cut shift of power" away from local authorities.

He made it clear that by consulting members of the Oireachtas, members could still influence the bill before it is guillotined.