Agenda item

The following Councillors spoke to the Motion No 1 as submitted by Cllr. R. Moynihan (Appendix B). Councillors R. Moynihan, D. Doolan, P. Hand, T. Brabazon, P. McCartan, D. Lacey, T. MacVeigh, C. Cuffe, P. Dunne, D. Heney, C. Ni Dhálaigh, C. O’Moore, R. McGinley, R. McAdam, D. O’Farrell, J. Boylan, C. Perry, E. Ryan, M. Flynn, J. Lyons, A. Keegan, N O’Muiri, P. McAuliffe, A. Feeney, N. Sammon, G. Kelly, L. O’Toole and tArdmheara Micheal MacDonncha.

During the debate Members made the following observations:

·        Although the Circular does not affect the statutory powers of Councillors in the planning process, it does negatively impact on their ability to inform and advise their constituents.

·        It seriously undermines local democracy and is characteristic of a continuing campaign by the current Government to reduce and undermine the role of Councillors.

·        It ensures that private developers have access to planning expertise but elected representatives do not.

·        It is effectively a gagging order on Councillors and Planners.

·        The Circular is an unwarranted intervention into the operation of Local Government and the Planning Process. There is no justification for it and it implies that Councillors are using undue influence to pressurise the Planners.

·        This Council wants open, public and transparent discussions on planning matters but this Circular seeks to protect private discussions with developers.

·        The planning process is already a complex and expensive process and this only serves to prevent Councillors from assisting their constituents.   

It was proposed by Cllr. D. Doolan and seconded by Cllr. J. Boylan that the Lord Mayor writes to the Minister to convey the Council’s disapproval in the strongest terms and to ask the Minister for a meeting on this matter.

It was proposed by Cllr. D. Heney proposed and seconded by Cllr. R. McGinley that the motion be amended to include the request that the Circular be rescinded. Therefore, the following motion was put:

“This Council is concerned at the impact that Circular Letter PL 02/2018, issued by Minister Eoghan Murphy will have on the ability of elected members to properly understand the technical and planning implications of planning applications in their area. These presentations at our Area Committee are essential in informing our submissions as part of the formal planning process and helping us advise residents on their planning submissions. We ask that this Circular be withdrawn.

We ask that the Chief Executive send a letter to the Minister, outlining our concerns about the impact that this decision will have on our ability to properly carry out our functions as elected representatives, and asking for the following clarification from the Minister in relation to the Circular:

1.  Does the ability of planners to give technical and planning advice to developers in pre planning consultation meetings remain unaffected?

2.  Has the Department received legal advice to how this Circular impacts on the Aarhus convention which guarantees Public Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, while issuing no direction to local authority planning staff on their pre part 3 consultation with private developers on the parameters of their application?

3. What impact does this circular have on the holding of planning information meetings with residents?

4. On what legal basis was this direction, which allows the Minister to direct officials about the manner in which they exercise their powers and how they inform elected members regarding planning applications, made?

We further propose that in the event of this circular not being withdrawn, that all pre planning proposals which will have a significant impact on our local areas be presented to the area committee in advance of a formal planning application being lodged.”

The motion as amended was put to a vote and carried. (See Appendix C for voting results).

Assistant Chief Executive, Richard Shakespeare responded to some of the questions asked by the Councillors. In relation to his department being responsible for both planning permissions and the disposal of City Council property, he reminded Members that the disposal of sites was a reserved function under Section 183. With regards the direction provided by the Law Agent to Councillors on their involvement in the planning process he said he would clarify this with the Law Department and circulate to all Members.

The Lord Mayor thanked the Members for their contributions and confirmed that he would be writing to the Minister to convey the Council’s strong views on this matter.