‘An assault on rural democracy’ -TD denounces new Planning Regulator for ‘Marxist and Stalinist policies’

TD Verona Murphy

Senan Molony

April 05 2021 07:21 AM

A TD has denounced in the Dáil the new Planning Regulator for Marxist and Stalinist policies.

Independent TD Verona Murphy claims Niall Cussen, who is demanding higher densities in rural areas, is exceeding his powers, is “out of control, and should be sacked”.

Comment and right of reply was offered to Mr Cussen via the Office of the Planning Regulator but was not immediately received. The role was created in 2019.

Ms Murphy said the regulator had rejected the Wexford county development plan in a long letter, giving the manager only five days to reply. She said he had also sent an 88-page letter to Kildare County council.

A video of the new TD’s contribution to a Dáil debate on rural Ireland is gaining traction on social media after Ms Murphy attacked “a Karl Marx policy of corralling and forcing people to live in high-density, ghettoised settings with no infrastructure to support them.”

The 24-page reply of the regulator to the Wexford draft county development plan is on the county council website.

“The tone and tenor of the regulator’s letter is the equivalent of a missive one might expect to receive from the Politburo,” Ms Murphy said.

Requiring high densities “will shut down rural Wexford and ghettoise our towns. We need only look to the early 20th century and what happened in Eastern Europe at the hands of the ideologues such as Karl Marx and Josef Stalin,” she added.

“The last great Stalinist sentence in his missive requires the CEO to confirm his recommendations and respond within five working days — an outrageous demand and an assault on rural democracy.”

She warned: “This is a power-grab by the regulator against every rural constituency in Ireland. I understand an 88-page letter has been received by Kildare County Council from the planning regulator.”

Mr Justice Kearns had made plain in the High Court the requirement of county councils to inform a development plan in a landmark ruling, Ms Murphy argued.

“He said that a planning authority must have regard to guidelines, but is not required ‘to slavishly adhere.’ That judgment has been upheld consistently by the courts.”

The regulator is “out of control,” had “ideological views” and must consider his position, she said.

Mr Cussen is however a past President of the Irish Planning Institute, and former Chief Planner at the Department of Housing, Planning and Local Government.

He previously worked in planning for local authorities in Clare, Meath and Dublin, and for An Bord Pleanála.

Leader of the Rural Independent Group Mattie McGrath supported Ms Murphy and said the situation was ‘disgraceful’ and too many powers appeared to have been given to the office. “We have much rethinking to do,” he said. “Those of us in the Rural Independent Group will be forced to take a legal challenge.”

Kerry TD Danny Healy Rae told the Dail: “I do not know who the Planning Regulator is, or where he is from, and I do not believe he knows any part of Kerry. He is going by figures and he does not understand the reality and the issues that people have to contend with.”

Independent TD for Roscommon-Galway, Michael Fitzmaurice, said central authority would now decide the number of houses to be built in each county, despite much talk of drawing more people back to country living.

“The Office of the Planning Regulator is in place and we all know that it is getting tougher for people in rural areas to build houses.”

Ms Murphy said: “I urge the Minister for Housing, Darragh O'Brien, to take action immediately to put an end to this Stalinist regime and to remove the regulator.”

If the planning regulator is allowed to have his way, he will “close rural schools, decimate local GAA clubs and ghettoise our towns,” she said.

“Rural Ireland will become one massive Merthyr Tydfil.”

The Welsh town has high density and a notorious lack of infrastructure and services, she claimed.

In response the Office of the Planning Regulator (OPR) claimed these were "misleading and inaccurate” Dáil accusations.

“Deputy Murphy’s claim that the work of the Office is ideologically driven is factually incorrect,” a spokesman said. “The OPR is obliged by legislation to point out to local authorities any policies in their draft development plans which need to be refined or strengthened to give effect to the planning policies of Government. The Office does not set policy.

“In the Office’s letter to Wexford County Council, the notification with 5 days refers to the decision at the end of the lengthy plan making process when the decision to adopt the plan is made. This is a requirement under the legislation.

“The Office is confident it is fulfilling its statutory obligations in line with the legislative framework governing its operations.”