The Taoiseach has lashed back at Sinn Féin criticism of housing policy — saying Mary Lou McDonald’s party has questions to answer over opposing new developments.
After hearing a critique in the Dáil over Fianna Fáil and Fine Gael’s alleged cosiness with developers, Micheál Martin told Ms McDonald: “There's an onus and responsibility of all politicians of all parties to do everything we possibly can to support the supply of housing.
“And that's why, Deputy, your party also has questions to answer in terms of serial objections to quite substantial housing programmes and projects that have been voted down on too many occasions.
He told her that Sinn Féin voted down 500 houses in Tallaght that could have been built, and had also opposed a development of 800 to 900 houses in Clondalkin.
“That can go on. Maybe it's in your interest to frustrate the attempts to get housing built, or to impede progress,” he charged.
But the Taoiseach also said the Government intends streamlining the planning process — possibly through a Planning Court.
He said An Bord Pleanála “has to reflect” on a series of judgements in the High Court in which its planning permissions were overturned.
The Government is examining planning reform proposals, he said, “and I have no intention of hanging around.”
Labour Party leader Alan Kelly said the 2019 annual report of the Bord showed 24 cases fought, with nearly a two-thirds majority going against the planning authority.
In eight cases the Board’s decision was overturned, and in another seven it accepted legal deficits in its approvals, making 15 reversals in comparison to nine successes.
Huge housing developments had hinged on the court outcomes and many were not able to go ahead as a result.
The Taoiseach said making decisions that subsequently don't stand up in the courts “speaks to a wider issue in respect of the planning process more generally. “
This was “whether we need to reform the planning process,” he said.
Mr Martin added: “The whole idea of a planning court is one idea that has been mooted, with a view to making sure that we can get decisions that give greater certainty to all concerned — including those who are appealed against them.”
He said: “That could mean mean a more streamlined and more efficient and effective planning system, because these are projects that are being held back.”
Mr Kelly said: “Month after month, the courts are striking down decisions of An Bord Pleanála,” particularly planning nods given under strategic housing provisions introduced in 2016.
“The High Court last December quashed permission that the board had granted for over 660 homes in Rathmullan in Donegal,” Mr Kelly said, and there had been another court ruling in recent days. “In other cases, the board is simply holding his hands up,” he said.
In March this year the board consented to a High Court order quashing its permission for 614 residential units on the RTÉ lands at Donnybrook, he pointed out.
In July 2019, plans for 221 housing units at Cross Avenue in Blackrock were dismissed because the board “had not gone through enough public participation requirements, which is a basic requirement of planning law,” he said.
He asked how many homes had been lost because of the frequency and regularity of successful of court challenges to housing developments.
He said it demonstrated “a fundamental problem with either the proper functioning of An Bord Pleanála and/or a serious deficit in the 2016 legislation, and/or a lack of resources for the Bord, which they had claimed in a recent NDP submission.
Mr Martin said he took on board the points made. “I think it is a cause for concern that quite a high number of those (Bord Pleanála) judgments were overturned, or that deficits were acknowledged in terms of the decisions,” he said.
These are houses that could be built or apartment blocks that could have be built, he said. “We’ve had a lot of investment decisions that have been held back for far too long.
“Our system is not optimal in terms of the future of our economy, and facilitating good investment. In some instances it takes far too long. And then at the 11th hour deficiencies arrive that should perhaps have been spotted much earlier
“It should never have got to the stage of a High Court, or indeed a Supreme Court, for those deficiencies to be highlighted.”
The Taoiseach said he had discussed the issue with the Attorney General and Housing Minister, Darragh O’Brien.
“We are examining proposals, and I have no intention of hanging around in relation to this in terms of Government,” he said.
“We’ve got to move on this within a reasonable timeframe, in terms of improving our system.”