‘Gagging order’ slammed

Dublin People 17 Mar 2018
Cllr Andrew Keegan

LOCAL councillors are being warned that discussion of individual planning applications at council meetings could be viewed as an attempt to undermine due process.

The warning in a circular sent to local authorities and An Bord Pleanála on behalf of Minister for Housing, Eoghan Murphy, says Part 3 applications are increasingly being discussed at local area committee and full council meetings.

Part 3 applications allow developers to fast-track plans, usually for large developments, as long as they conform to local development plans adopted by the elected council members.

The applications can be appealed to An Bord Pleanála but the circular says elected members shouldn’t advocate for a particular decision to be made on an individual application at meetings.

“Such a practice could be viewed as an attempt to undermine due process and exert undue influence on the planning authority and/or to make a decision that would not be in the interests of the proper planning and sustainable development of the area concerned,” the circular reads.

“Furthermore the practice could convey an erroneous impression to the public of the role of elected members in the statutory process for deciding on planning applications.”

Decisions on Part 3 planning applications can only be made by local authority chief executives. They are obliged to decide on the merits of plans within parameters of the local development plan.

Councillors are entitled to factual information on individual plans and can make comments through formal written submissions or observations to the planning authority.

Local People Before Profit councillor, Andrew Keegan, says the circular restricts councillors from engaging in public discussions on planning applications.

“It’s nothing more than a gagging order and a charter for developers and vulture funds,” he said.

“We find it obscene that the largest elected body after the Dáil should be treated so shabbily.

“This directive now removes any future criticism of large planning applications and copper-fastens a developers’ charter regarding any future developments in Dublin.

“Fine Gael has reduced further any possibility of elected council members voicing their concerns over any private planning permission. This will further limit their elected mandate.

“This directive does not totally surprise us. The vulture funds are ramping up their influence and activity. They clearly want their development plans to flow without hindrance or criticism.

“It is linked to a policy that we will see a further demise in the provision of public housing and the exacerbation of the housing crisis.”

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