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23/03/2012

IPI Says Mahon Report's Findings Show The Need For A Tightening Of Procedures

The Irish Planning Institute has noted the conclusions of the Mahon Report on irregularities in the planning process and is satisfied that at no stage in the process of the tribunal inquiry, has the integrity of professional planners been questioned. However, the Institute is of the view that the Report's findings demonstrate the need for a tightening of procedures for the zoning of development land.

The Institute welcomes the publication of the report which marks the end of a lengthy public inquiry. While the report does criticise the conduct of certain persons in the planning system (as did the previous interim report from the same tribunal), none of these persons are professional planners or members of the Institute.

As well as confirming the integrity of the planning profession in Ireland, the report’s findings provide an opportunity to reflect on the distinction between the different roles of those responsible for the operation of the planning system.

On the report's key recommendations, the IPI says:

•The report acknowledges that there have been changes in intervening years which have strengthened the planning system and that these have been positive.

•It agrees with the majority of the recommendations in particular those that suggest that National Plans (NSS and NDP) should be put on a statutory footing.

•The suggestion that "gaps" still remain at regional and national level in terms of the election of Regional Authorities and the appointment of board members to the NTA is valid. The IPI has for many years suggested that regional planning is essential in Ireland having regard to size of the country and the multiplicity of County Councils. Many infrastructure projects, towns, etc. serve regions and it is only logical that these should be planned in a regional context. It is normal in many European countries to have strong regional government with decision making powers. Recent amalgamations of local authorities provide a context for strong regional planning.

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•Recommendations in relation to how elected members are involved in decision making, in particular where they depart from professional and managerial advice in relation to specific applications, are welcomed as these will ensure full transparency in how decisions are made.

•The IPI is not quite clear at this stage exactly what the role of a Planning Regulator would be. As worded in the report it would appear to be somewhat similar to the functions of the tribunal. Regulators tend to be found in areas sectors of the economy such as energy, airports, taxis, etc. where they licensing, prices, fares, etc. are being determined in a regulated sector. In terms of enforcing National and Regional Planning Strategies and Guidelines it is not clear how a regulator would actually function. This particular recommendation requires further consideration and

Since its introduction in 1963, the Irish planning system has always been based on a separation of responsibilities between those who are given the responsibility to make policy decisions (i.e. the locally elected representatives) and those who are given the responsibility to provide expert advice (i.e. the professional planners).

The Irish Planning Institute has stated many times that planning is there to serve the common good and not to serve private individuals or sectoral interests. The long title of all of the Planning Acts and the Irish Planning Institute’s Code of Conduct and Ethics put the common good at the centre of planning.

The Institute has always held the belief (and has expressed this many times) that this separation of roles is important and that the planning profession does not wish to replace the decision-making role assigned to the elected representatives in our planning system. Essentially it is the role of the locally elected county councillors as elected by the general public, to determine policy based on advice from professionally trained planners, employed by the local authority.

While for many years certain planning authorities did not employ professionally qualified planners, the Institute now notes that the majority of planning authorities employ such staff, and that these professionals have responsibility to provide the elected representatives with the best possible professional advice. In addition, the Institute has many members working as planning consultants who work under an accepted code of conduct and provide advice to private developers, third parties and planning authorities.

Equally, it is the duty of the councilors to act at all times in the interest of the common good and not in the interest of private citizens where such interests might conflict with the common good.

The Institute is of the view that in order to prevent a repetition of mistakes made as identified in the Mahon Report, and to ensure that local decision-making is made in the interest of the common good, it is important that the policies adopted at local level are checked before they become statutory.

(CD/GK)

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