Adapting to a different planning environment
An Bord Pleanála Chairperson Mary Kelly discusses the changing nature of planning, including the importance of pre-application consultations, with Richard Halleron.
It won’t come as a shock to learn that An Bord Pleanála’s workload has shrunk dramatically over the past six years. Back in 2007, the organisation was dealing with 6,000 active cases: the equivalent number in 2012 was just over 2,000 – a figure which is still falling.
The interim period has also seen a commensurate fall-off in the number of people working for the board, many of whom were outsourced.
“All of our work is now carried out in house,” An Bord Pleanála Chair Dr Mary Kelly told eolas. “Significantly, the board is, once again, fully operational with its entire complement of nine ordinary members plus myself in place. In essence, we act as an independent planning appeals tribunal. However, the fact that we only had sufficient members to provide one decision-making quorum for much of 2012 had created a bottleneck in terms of our ability to adjudicate effectively on the cases presented to the board.
“The good news, however, is that with our resources now topped up the objective of delivering on the statutory requirement to decide cases within 18 weeks has become more attainable. I am not saying that we can achieve this every time. However, my team remains totally committed to working through the detail of what, in many instances, can be very complex matters in the most efficient way possible.”
Mary Kelly made these comments while speaking on the fringes of eolas’ Planning for Recovery and Investment seminar. She went on to tell delegates that An Bord Pleanála is responsible for the determination of appeals and certain other matters under the Planning and Development Acts 2000 to 2011 and determination of applications for strategic infrastructure development, including major road and railway cases.
It also deals directly with proposals for the compulsory acquisition of land by local authorities and others under various enactments. The board also has functions to determine appeals under Water and Air Pollution Acts and the Building Control Act.
Mary Kelly added: “We are acutely conscious of government’s job creation targets. So, we obviously prioritise developments with employment potential. Strategic infrastructure developments and other related matters come next in the pecking order, followed by schools projects.
“Our decisions are taken within a framework of criteria which include the relevance of each appeal from a proper planning and sustainable development point of view. We also take account of government policies and objectives plus the provisions of the relevant statutory plan and specific national guidelines.”
The Chair also pointed out that the implications of all proposed projects on the environment are increasingly figuring in the final deliberations made by board members. This aspect of the decision making process reflects the growing impact of EU regulations at national level.
The Strategic Infrastructure Act 2006 provided for application directly to An Bord Pleanála regarding projects of this nature. These initiatives are deemed by government to be of strategic importance. The role of the board was perceived to be that of a body capable of determining these potentially complex matters on an expeditious basis.
Pre-application consultations
Mary Kelly specifically highlighted the value of pre-application consultations, in the context of strategic infrastructure development projects.
“The purpose of this approach is to try to ensure that the subsequent application for approval is of a high standard,” she stressed. “This will ensure that correct procedures are followed and that issues relating to proper planning and sustainable development and the effects on the environment are adequately addressed from the outset in the application.”
Current pre-application consultations include:
• a number of large scale wind energy projects;
• the further development of Ireland’s energy infrastructure;
• Dublin’s regional water supply; and
• the development of the National Children’s Hospital.
“Applications cannot be predetermined in pre-application meetings,” Mary Kelly further explained.
“In reality, they represent an opportunity for the board to highlight issues of concern. These, in turn, must be fully taken account of fully by developers in their subsequent applications.”
Looking to the future the Chair stressed that plan-led development must be at the heart of all infrastructural initiatives undertaken in Ireland.
“We also need further development of national policy, where renewable energy is concerned,” Kelly stated. “There is also a requirement for a Marine Spatial Plan. I am also conscious of the fact that we live in a much more litigious society [than before]. This, in turn, will require the development of a more robust decision-making process on the part of the board.”
She continued: “Strategic infrastructure decisions have been prioritised by An Bord Pleanála. These are often complex cases, both in terms of their scale and the technologies being brought to bear. And as we all know, they are often controversial.
“It should also be pointed out that the feedback received regarding our handling of these matters has been positive. But nothing is perfect and we will be making recommendations to the Minister of Environment with proposed improvements on these issues accordingly.”
‘No conflict’ with regulator
Significantly, Mary Kelly saw no conflict arising between the operation of the board and the proposed appointment of a Planning Regulator.
“In the first instance, we do not know the exact functions which the regulator will perform,” she told eolas. “The board has always worked constructively with all the organisations involved in the planning process. And the same principle will be adhered to when it comes to liaising with the regulator.
“I am more than confident that our individual roles will be mutually beneficial when it comes to ensuring the most efficient possible planning procedures are implemented here in Ireland.”
