Sir, – The controversy that has broken out over the Dublin city centre transport plan should serve as a wake-up call on the risks posed by extraordinary new and undemocratic powers in the new Planning and Development Bill 2023 before the Seanad next week.
Whatever side of the transport plan debate you find yourself on – be it the view espoused by Una Mullally “Intervention by Emer Higgins is creating an artificial conflict between drivers and everyone else” (Opinion & Analysis, July 8th) or the view of Michael McDowell “Let’s not make the ill-conceived Dublin traffic plan the subject of a culture war” (Opinion & Analysis, July 10th) – there is a common concern on opacity and democratic processes, albeit from differing viewpoints.
However, Part 3 of the Planning Bill means development plans for cities and counties will be forced to align with new national planning statements approved only by Government. Alignment is driven by provisions for expedited variations of development plans, ministerial directions, and urgent directions, without even the most basic safeguard of Oireachtas oversight. The Bill also corrals the regional spatial and economic strategies.
The Office of the Planning Regulator will also have a profoundly powerful role in determining how regional spatial strategies and development plans conform to the diktats of the Minister and Government. Alarmingly, the Office of the Planning Regulator can suspend and neutralise elements of a development plan – effectively indefinitely.
Centralised control may have a role when it comes to addressing crises. But with such powers it is essential to have oversight and accountability, and this is where the Bill is particularly concerning.
Too often the effect on local areas will be realised too late to challenge their lawfulness. Under the Bill’s new rules on judicial review, citizens and councils will have just eight weeks to mount legal challenges against the Government or Minister when exercising these powers, and the Bill’s changes on legal costs rules create significant financial burdens, including for councils.
I find it ironic that many politicians from Government parties, including Dublin city councillors, are taking such issue with Minister of State for Business Emer Higgins’s intervention, when they are supporting legislation which will see provisions for even more powerful interventions.
This is all well and good if you are happy with the direction of travel and policies of the current or future administration, but not so good if you are not. Such powers are a double-edged sword which cuts both ways, and all would do well to remember this.
The provisions in the Planning Bill will have major impacts to our democracy and at local government level. It’s long past time politicians and all supporting Government parties recognise what they are supporting in this Planning Bill, particularly given the doublespeak in respect of the Dublin transport plan. – Yours, etc,
ATTRACTA UÍ BHROIN,
Law Officer,
Environmental Law Ireland,
Lucan,
Co Dublin.