Minister ‘actively considering’ move to reserve houses for owner occupiers

Serious concern over An Bord Pleanála as courts repeatedly quash housing approvals

Taoiseach said An Bord Pleanála “needs to reflect” on decisions it makes that do not stand up in court. Photograph: Jason Alden/Bloomberg
Taoiseach said An Bord Pleanála “needs to reflect” on decisions it makes that do not stand up in court. Photograph: Jason Alden/Bloomberg

Minister for Housing Darragh O’Brien is “actively considering” directing local authorities to ensure that a large percentage of planning permissions granted for housing developments should go to owner occupiers.

Taoiseach Micheál Martin confirmed in the Dáil that this is one of the options the Minister is looking at to deal with investment funds buying up housing developments, particularly in suburban estates.

He also said a specific planning court has been “mooted” in proposals for potential wider reform of the planning system.

Mr Martin was responding to Labour leader Alan Kelly who said his party had received legal advice that the Minister could issue such an instruction to local authorities.

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Mr Kelly also warned of a serious problem with the operation of An Bord Pleanála because of the number of housing developments it approved being refused permission by the Courts.

He highlighted what he said was a deficit in the 2016 strategic developments legislation and insufficient resources for the Bord.

Mr Kelly said that on Monday the High Court quashed a decision of the Bord to approve the development of 123 apartments in Ballincollig, Co Cork.

He said the High Court repeatedly strikes down planning decisions of An Bord Pleanála, particularly those under strategic development legislation which has in place since 2016.

The Tipperary TD said the High Court also quashed permissions the Bord granted for 660 houses in Rathmullen, Donegal. In March the board consented to a judgment quashing permission for 614 units on the RTÉ lands in Donnybrook, Dublin.

He said that in July 2019, 221 units in Blackrock, Co Dublin were also rejected because the Bord had not gone through enough public consultation “which is a basic requirement of planning law”.

Mr Kelly added that in its own 2019 report the Bord said that of 17 judgments just nine of its decisions were upheld while eight were overturned.

He asked if the Taoiseach accepted that the frequency of such judgments “demonstrates a fundamental problem” with the proper functioning of an Bord Pleanála, a serious deficit in the 2016 strategic development legislation and/or a lack of resources which the Bord itself has highlighted.

Mr Kelly also called on the Taoiseach to ensure the 101 recommendations of the Bord Pleanála review group which reported five years ago, are implemented.

Mr Martin acknowledged that it is a cause for concern. He said An Bord Pleanála “needs to reflect” on decisions it makes that do not stand up in court.

The Taoiseach pointed to “deficiencies” in the strategic development legislation, which expires next year and which needed to be tackled.

Mr Martin also hit out at Sinn Féin leader Mary Lou McDonald over her party’s “serial objections” to significant housing developments including 500 in Tallaght and 800 in Clondalkin, Dublin.

Ms McDonald said that in 2019 six out of 10 homes in Dublin were taken off the market and the vast majority sold to investment funds. In the last four weeks, she said, 400 houses were “snapped up” by these funds

She said the day of the developer and investment fund being “king” is over as she hit out again at the government’s “sweetheart” tax deals for investment funds, which she said needed to be “reined in”.

The Taoiseach stressed the Government’s commitment to what he described as the largest multi-annual social housing programme in the history of the State, adding that housing is the Government’s number one priority.

He said Sinn Féin had questions to answer over its serial objections to housing projects and “maybe it’s in your interest to frustrate attempts to get houses built”.

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times