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Irish Planning Institute




                                                       PLANNING ISSUES
                                                                                       Volume 1, No. 3, Autumn 2011




NEWS - Irish Planning Institute Young
Planners Network Launch Event


S
      ustainable travel, new urban initiatives and learning
      from past mistakes were all central themes of an
      interesting and extremely well-attended IPI Young
Planners Network launch event entitled ‘Planning for
Economic Recovery’ on 6th October last. Hosted in the
salubrious Convention Centre Dublin, high-profile speakers
on the night included Andrew Montague, Lord Mayor
of Dublin; Frank McDonald, Environment Editor of ‘The
Irish Times’; and, Ciarán Cuffe, former Minister of State
for Planning and Climate Change. Each presentation
was diverse and informative, and culminated in a panel
discussion with questions from the audience.

Following a brief welcome and introduction from Brendan
Allen, President of the Irish Planning Institute, the Lord
Mayor of Dublin spoke of the importance of making our
urban centres attractive, the organisation of space and
learning from the challenges of urban decay in recent
decades. The issues and challenges faced by the ‘rates
system’ in Ireland reflected the diversity of considerations
in urban planning, while the opportunity represented by
the houses of Georgian Dublin was also discussed. The
importance of access to services and facilities, permeability
throughout urban areas and the promotion of cycling
(such as the hugely successful DublinBikes scheme) gave
all attendees plenty of food for thought.

The Lord Mayor of Dublin was followed by Frank McDonald,
who spoke of the imperative of avoiding past mistakes and
the egregious planning errors which totally ignore principles
of sustainable development. Controversial schemes such
as the Casino/Leisure Development at Two-Mile Borris
in Co. Offaly, the proposed National Children’s Hospital
at the Mater site in Dublin (a Strategic Infrastructure
Development) and roads proposals at Ennistymon, Co.
Clare were all used as case study examples. Mr. McDonald
spoke of the need to rebalance revenue in Dublin and                   CONTENTS AT A GLANCE
elsewhere to facilitate worthy schemes rather than those
which destroy their environs.

Ciarán Cuffe completed the terrific line-up, with a clever             Planning News                          1
collection of ’10 things a young planner should know’. Mr.             Sounding Off                           2
Cuffe spoke briefly under strands such as the importance of            President’s Column                     4
a directly elected Mayor (Power to the People), the inclusion
                                                                       Analysis                               7
of children in the planning process, the opportunities for
                                                                       Editorial                              15
fairness and synergies through NAMA activities, and the
value of high density development (and not necessarily                 Irish Planning Institute News          16
high rise), interweaving international examples throughout.
Planning News

                                                                                           The event closed with a panel
                                                                                           discussion covering numerous topics,
                                                                                           from Core Strategies to the Smart
                                                                                           Economy, from the Port Tunnel to
                                                                                           what planning can achieve…and
                                                                                           everything in between! A tour of the
                                                                                           Convention Centre Dublin followed
                                                                                           by a social tipple brought an end to
                                                                                           a very successful and well organised
                                                                                           event. Roll on YPN’s next event on
                                                                                           4th November: a Skills, Training and
                                                                                           Career Guidance Seminar (see www.
                                                                                           ypn.ie for more details on this FREE
                                                                                           event).
                                                                                                         Stephen Purcell, MIPI

                                                                                           Stephen Purcell MIPI is a member
                                                                                           of the Committee of the IPI Young
                                                                                           Planners Network and is an Associate
                                                                                           with Downey Hynes Partnership.




Sounding Off
Another Speech from the Dock!
By our court correspondent, Dorian Lady

dateline May 19th 2013




I
      t was a very busy day today in Court no. 4. Arraigned           At the start of the hearing, which was presided over
      before the court were two public representatives, well          by Judge Manchester of the newly-created Environmental
      known to the media, and to the general public as                Court, the Counsel for the State called an important
well, not least because of their public statements on this            witness, Stefan von Schadenfreude, who was the
issue over the past few years. Needless to say, the press             Department’s Chief Investigator. This witness outlined, by
gallery was full, not only of the usual rather cynical court          affidavit and verbally on oath, how the two defendants
reporters, but also of the more fly by night general reporters,       had wilfully and deliberately encouraged others to obstruct
seeking “colour pieces” for their media publications, as              his staff from investigating the pollution of surface waters
well as a smattering of political reporters, looking for juicy        on a number of holdings in the West of Ireland over a
titbits. I will leave it up to you, gentle reader, to decide in       period of years. Herr von Schadenfreude stated that,
which category your correspondent may be placed. I can                as a result of these actions, he had been instructed by
only say that none of the journalists could have expected             the Ministry to investigate the sanitary provisions of the
what was to occur, and it cannot be doubted that the                  public representatives’ own properties. He had discovered
“polls” got enough to keep them going for some time…..                that the properties (both one-off houses in the open
Planning Issues, Volume 1, No. 3, Autumn 2011                     2
Sounding Off

countryside) were serviced by on-site        contemporary     architecture-designed     mitigate his actions by reference to
effluent treatment systems (he used a        new courts building does not have          long forgotten history, which was
different phrase, involving the German       docks, as such, but rather planed light    better left forgotten, as it was no
word “Scheiße”).                             oak timber benches), and laid forth.       longer relevant in a modern Ireland.
                                                                                        He stated that he was not taken in
The outcome of these investigations          Not accepting the jurisdiction of the      by this self-serving “faux ruralism”,
were that the two public representatives     court (a well-worn Republican tactic),     especially from someone born in the
had failed to ensure that their on-site      the defendant called on the proud          leafy suburbs of south Dublin. He said
facilities had been subject to the so-       legions of patriots that had fought        that the rule of law had to take its
called “NCT for Septic Tanks” regime         tyranny against the oppressors of the      course, notwithstanding the defendant’s
that had been put in place by the            “plain people” of Ireland. He argued       “pedigree”, as all Irish People had to
Department for the Environment and           that his actions were motivated by a       be equal before the courts established
European Directives (DEED) in 2012,          “True Patriotism”, which was “rooted       by the Constitution.
and further that they had failed to          in the sacred soil” over which many
pay the registration fees to their           generations of Irishmen had fought         The Judge sentenced the defendant
respective Councils in that year and         to wrest from the invader. He said         to five years imprisonment, the highest
the following year.     They had also        that what he was doing, as a public        sentence the legislation allowed,
refused to allow access to their lands,      representative that had been “chosen”      remarking that this would hopefully
when the District Court had ordered          by the people, was to fight the latest     convince the thousands of people
mandatory inspection and testing of          invader. He said that the legislation      whose cases had been adjourned
their discharges.    What was worse,         in question had been foisted on the        in Circuit Courts in the Western and
according to Herr von Schadenfreude,         Irish Parliament by the “urban-based       Northern Circuits to think again.
was that these discharges, when tested       bureaucrats and bearded intellectuals
under Garda protection, had proven           from Brussels” and their lackeys, the      As this scribe left the courthouse,
to be contrary to the provisions of          West Brits now ensconced in Merrion        and the defendant was led away to
the legislative requirements, and had        Street. He declared that it was for        Mountjoy, to the anguished howls
led to measurable pollution of the           issues such as this that the Spirit of     of the people in the “temporary
local streams.                               the Nation had been preserved in           FF tent village” in Parkgate Street
                                             places such as Connacht. He stated         outside, I chanced upon Herr von
In    response,    the     first    public   that this legislation was “alien to the    Schadenfreude. He appeared to be
representative, through her counsel,         Irish Race” and an attack on “rurral       smiling. (But is often difficult to tell
stated that, as a member of the EU           peeeepul”, who should be entitled to       with these foreigners who rule our
Parliament, she had immunity from            do whatever they like with their own       lives these days).
national and local legislation, citing the   properties under the Irish Constitution.
recent “Commission – v- S. Berlusconi”       In a closing flourish, he said that he                             by a Member
case in the European Court of Justice.       was happy to go to jail, to fight for
The Judge, reluctantly, accepted that        the true Irish way of life. After all,
this ECJ case was binding on Ireland,        he said, there was no evidence that
and that therefore she was to be             he had done any harm, apart to a
discharged (though expressing the            few birds and newts, and anyhow, an
comment that if the case was not so          “organic water supply never did our
binding, he would have found for the         forebears any harm - shure didn’t it
prosecution).                                toughen them up to do away with 900
                                             years of British oppression....It never
However, in the case of the second           did his grandfather any harm”.
defendant, the Judge ruled that there                                                            IMPORTANT NOTE
was no similar immunity available to         There was an audible intake of breath
                                                                                                 FROM THE EDITOR
Oireachtas members, and asked the            in the Court after this outburst,
TD in question if he had anything to         and then a tickle of applause from
                                                                                                 Please note that the views
offer in defense. There then ensued          some of the hacks present (which
what can only be described as a new          was quickly silenced).   The rest of                expressed in this magazine
“Speech from the Dock”, in the style         us, professionals all, waited on the                are the personal views of the
of Robert Emmet, O’Donovan Rossa             Judge’s decision. Judge Manchester                  individual contributors and
and other “heroes” from Irish history.       rose and pronounced sentence. Not                   do not necessarily reflect
                                             at all impressed by the speech from                 the views of the Institute
The TD (who cannot be named                  the dock, the Judge noted that the                  nor of the contributor’s
for legal reasons), rose to his              defendant had failed to deny the                    employer.
significant height from the bench (the       charges, but rather had sought to



                                                                3               Planning Issues, Volume 1, No. 3, Autumn 2011
President’s Column

                                          established over the past few years       address issues of concern to them.
                                          and I think most people will agree it     Employment issues are clearly the
                                          is very successful in terms of what       biggest area of concern for the YPN
                                          it has achieved and it has certainly      members. The YPN is particularly
                                          made services available to members        focused on planning students and
                                          at a local level. The branches are        recent graduates. The Institute will
                                          still continuing to evolve and I was      continue to support the YPN in its
                                          very pleased to be asked to formally      programme and objectives and would
                                          launch the new North East Branch          hope that it will evolve into a branch in
                                          on 13th October, which involved a         the future. Of course what constitutes
                                          visit to the Indaver Waste to Energy      a “young planner” is a matter of
                                          Facility in Duleek, Co. Meath. The        opinion - there is no guarantee the
                                          initiative for this branch came from a    President will even make the cut.
                                          core group of planners in the region      I had met a good number of the
                                          a few months ago and through the          YPN attendees when we visited the
                                          hard work of this group the branch        Planning Schools in UCD and UCC in
                                          is now established. Whilst the branch     early October. We met students and
BRENDAN ALLEN, MIPI
                                          primarily serves those planners living    staff who made us very welcome and
                                          and working in Counties Meath, Louth,     were keen to show the good work


I
    was elected in June 2011 as           Monaghan and Cavan, planners from         that is taking place in the colleges.
    President of the Irish Planning       outside these areas are welcome to        Personally I was very impressed that
    Institute for the year 2011-2012.     participate in events. Meath and Louth    students are upbeat and positive and
I am now 3 months into my term            were formerly part of the GDA branch      are producing high quality work.
as President and the workload has         for a number of years but decided
certainly taken off after a quiet         they needed to break free; rumour         At that event I announced that the IPI
summer. I am looking forward in           has it that Dublin’s recent football      and the New Zealand Planning Institute
the year ahead to representing the        success was the final straw for them.     formally signed a mutual recognition
best interests of the Institute and the                                             agreement at our council meeting on
planning profession. Whilst there are     In addition to the new North East         6th October. Unfortunately I didn’t get
many challenges both for us as a          Branch, I formally launched the           a trip to New Zealand out of it as our
professional institute and in spatial     Young Planners Network (YPN) on 6th       new treasurer is not very generous with
planning in general, I believe that       October at a very well attended event     the funds. It is a particularly important
we are well equipped to deal with         in the very plush Convention Centre       milestone as it is the first time we
these challenges as we have a well        in Dublin (the same venue which           have signed a bi-lateral agreement
organised, well supported and strong      hosted the Queen). The importance         with another national institute. Both
professional institute.                   of the event is highlighted by the        institutes were very keen to sign
                                          fact that the Lord Mayor of Dublin        the agreement in order to facilitate
I propose to continue with and build      (Andrew Montague) took the time to        movement of planners between both
on a number of initiatives started by     give a very interesting and thought       countries. Whilst traffic is likely to be
the previous Council. The President’s     provoking address to the audience,        one way for the immediate future the
Roadshow in particular was a very         despite having a very busy schedule       agreement makes it much easier for
successful initiative which achieved a    that particular day. As part of the       Irish planners to work as planners in
number of objectives of the Council       event Frank McDonald and Ciarán           New Zealand as they will be able to
in terms of; hearing the views of our     Cuffe participated in an interesting      swap their IPI membership for NZPI
members, obtaining views on what          and lively panel discussion. We did of    membership with relatively little hassle
future direction and policies the IPI     course retire after the formal event to   and take up work much quicker. The
should follow, giving support to the      an adjacent hostelry where the young      NZPI have advised us that there are
efforts of the branches, establishing     planners showed a few older planners      very good opportunities for Irish
the health and activity of branches,      how to have a good time. I would like     planners in New Zealand. Now that
as a way of assisting in retaining and    to thank all involved for giving their    we have signed this agreement we
expanding membership of the IPI but       time and support to young planners        hope it will be easier for us to pursue
most importantly actually meeting         and particularly the YPN Committee.       similar agreements with the Australian
and talking to our members. One of        Whilst not a formal branch the YPN        and possibly the Canadian Planning
the main themes which emerged out         is vitally important to the future of     Institutes.
of the roadshow was the need for          the IPI as this is the future of our
strong branches so that services can      profession. The purpose of this network   The Institute itself is attempting to
be delivered locally to members.          is to allow our younger members from      assist young planners through our
                                          all sectors and employment areas          own    internship    programme.   We
The   branch    structure   has   been    to come together to deal with and         commenced this in March 2011 when


Planning Issues, Volume 1, No. 3, Autumn 2011               4
President’s Column

we employed our first planning intern.     IPI is in a continuing dialogue with         voice in seeking to achieve this. When
The purpose of the internship is to        members to ensure we make available          the preliminary Census 2011 results
provide some planning experience to        the necessary CPD opportunities and          were published the Irish Times carried
a recent graduate by working with the      that tangible benefits accrue to our         a short interview with me where I
IPI on a part-time basis. We intend        members and their employers.                 stressed that very point in the context
to continue this for the foreseeable                                                    of the population growth that has
future and we have received positive       For the year ahead we plan to                taken place, particularly that in the
feedback from many members in this         maintain a comprehensive range of            GDA. Given the type of development
regard.                                    member services including CPD events         that took place during the Celtic Tiger
                                           and our flagship National & Autumn           years it is essential that long term
At a European level the IPI has always     Conferences - the Autumn Conference          strategic regional planning is taken
been a strong supporter and member         has just taken place on 21st October         seriously so that we set out how we
organisation of the European Council       based around the very topical and            want the country to develop in the
of Town Planners (ECTP), and there         often complex theme of Appropriate           next 15 to 20 years. We are continuing
is great respect for the IPI amongst       Assessment. I was pleased to see so          to engage with Minister Penrose and
ECTP member organisations. This has        many of you at the event. We are             his advisers in relation to planning
culminated in two recent successes,        conscious that costs of attending            matters. Whilst the economic climate
Henk van der Kamp has been elected         events should not be prohibitive and         is not favourable, it is apparent that
to the Executive Committee of the ECTP     in that regard we continue to support        good planning is very high on the
and Philip Jones has been selected to      branch events so that CPD can be             Minister’s agenda and he is keen to
be a judge for the European Planning       delivered locally at a low cost. Whilst      continue to engage with the Institute.
Awards, you may remember this event        we do try to keep national conference
was held in Dublin Castle in 2008.         fees at an affordable level we do            In order to achieve the objectives
I will be representing the IPI at the      have to balance that with ensuring           of the Institute, a strong IPI Council
upcoming ECTP Autumn Assembly to           the Institute raises enough income to        is essential. As President I am very
be held in Paris in early November.        fund our running costs so that we            fortunate that the majority of outgoing
                                           can deliver the type and quality of          council members have remained on
The real value of the Institute is         services which are expected.                 Council, thereby providing for good
ensuring that as a profession we                                                        continuity from the previous year.
have a strong collective voice in          Looking     externally,   the    Institute   The full IPI Council for the year and
promoting best practice in Irish           exists of course not only to serve           assigned roles are detailed on the
Planning. It is important therefore        its membership but also to give              website.
that we maintain and expand our            strong leadership on matters relating
membership to give us that voice           to planning and development in               I want to remind members that whilst
and this will be a priority in the year    Ireland. We are a ‘planning’ Institute       we on the IPI Council have made the
ahead. We are aware that there are         rather than a ‘planners’ Institute. We       choice to serve on Council and are
many planners who are not members          therefore recognise and are willing to       committed to developing the Institute,
of any professional planning institute     engage positively with the many other        we can only achieve so much on our
which is somewhat disappointing            stakeholders in the planning arena           own as we all have work and personal
in terms of the development of the         and will continue to do this on your         commitments. The IPI has over 700
planning profession in Ireland. We are     behalf. I feel that a key message from       members many of whom have a wide
also aware that a number of local          the previous president needs to be           range of skills and experience. Whilst
authorities and other public sector        reiterated to allay any fears that the       you may not wish to be involved in
bodies are prepared to reimburse           Institute is not standing up for the         Council or Committees there are many
membership fees for IPI membership         planning profession. We will continue        areas where council would benefit
as part of PMDS in the public sector.      to advocate that there can be no             from your skills and experience (e.g.
Whilst there are a number of public        ‘stepping down’ of the planning system       IT, conferences, local branch, CPD,
and private sector organisations who       - as advocated by some others outside        research, etc.). I wish to appeal to
have being doing this for years, I would   the planning system - just because           members to assist the IPI in whatever
particularly like to commend Meath         the ‘Celtic Tiger’ years are gone. To        way they can in the coming year so
County Council who wrote to the IPI        do so would miss the very point of           that we can continue the momentum
stating that they have recently set up     what a good planning system seeks            which has been apparent over the
an initiative where they will reimburse    to achieve. It is important that we          past few years.
subscriptions to the IPI where the staff   have a well structured and resourced
member undertakes 5 days of CPD            planning framework that can play its         There are a number of specific
per year. This ties in very well with      important part in ensuring a good            initiatives I would like to bring to your
the establishment of the North East        quality of life for our citizens into        attention:
Branch whereby CPD can be delivered        the future. This Institute will continue
locally as well as nationally. The         to be a balanced and constructive


                                                               5                Planning Issues, Volume 1, No. 3, Autumn 2011
President’s Column

Continuing Professional
Development
The IPI introduced a voluntary CPD
system at our 2009 AGM. We consider
this to be a very important first step
towards the development of the
planning profession in a similar manner
to other professions. There are various
ways in which the necessary CPD
points can be achieved and we hope
that members will support this initiative.

Autumn Planning Conference 2011
We held a very successful autumn
conference on 21st October 2011 in the
Gibson Hotel in the Dublin Docklands.
It was a great new venue which we
will no doubt return to in future. The
theme of the conference was based
around the subject of SEA and AA.
This is an area that is constantly
evolving due to the many demands
being placed on the planning system
by the conveyor belt of European
Directives and case law. Many                Conor Skehan (Chairman of the Peatlands Council / Lecturer at the DIT School of Spatial Planning) suggests
practitioners shared their experience        a practical approach to Appropriate Assessment for Planners at the 2011 IPI Autumn Conference
of how AA and SEA is currently
carried out and what will be required        Dinner in the Clarence Hotel              is set       format and content for 2012. Please
of us in future. Conor Skehan in his         to continue this year with the            dinner       email     info@irishplanninginstitute.
presentation took us into the future         scheduled for 11th November                2011.       ie with any suggestions or papers
by suggesting that with all the current      I would hope to welcome as                 many        that you may have in mind.
and emerging legislation (landscape,         members as possible to this                event.
ecology, flooding, water catchments,                                                                London Field Trip 2012
etc.) the country side could be tied         National Planning Awards 2012                          It is hoped to organise a trip to London
up in red tape and bureaucracy for           Many of you will be aware of the                       in early 2012 based around visiting
years, whilst Peter Carvill from NPWS        National Planning Awards and indeed                    the Olympic facilities. Whilst this is in
informed the delegates that based on         some of you may have submitted                         its early stages of planning we would
current legislation, farmers could even      entries. The awards have been                          welcome expressions of interest from
need permits to plant certain types of       revamped this year with awards                         members so that we can have some
crops or to keep certain types of pets!      across a wide variety of categories.                   ideas of numbers. We would of course
On a positive note, Conor encouraged         Judging of entries will take place over                like to invite any members working
planners to rise and meet the various        the coming months with an awards                       on the UK to participate in the trip.
environmental      and    developmental      ceremony to be held on February                        The above is only an indication of the main
challenges     and     to   grasp   the      2012. I am delighted to see that we                    events proposed for the coming year.
opportunity by preparing “integrating        have a record number of entries this
rural strategies” to deal and plan for       year which shows the interest and                      Whilst it is not always apparent to
sustainable rural development, whilst        enthusiasm for good planning in Ireland.               members, there is a huge level of
still meeting all environmental and                                                                 activity going on in the IPI and you
legal requirements. As Conor pointed         National Planning Conference 2012                      can follow what we do on Facebook
our, planners are uniquely skilled to        Initial plans have commenced in                        and on the website (which we hope to
do this. I intend to take the messages       organising    our    annual    National                upgrade in the coming months). I look
arising from this conference and raise       Planning Conference in Kilkenny in                     forward to continuing what has so far
them with the relevant ministers so          April 2012. Last year’s conference                     been a busy and interesting year as
that planners are seen as the problem        was well supported and we varied the                   IPI President and meeting as many
solvers rather than portrayed as             format by introducing parallel streams                 of you as possible at various events.
the problem, as is often the case.           as well as a discussion forum. We have
                                             had positive feedback in this regard.
Annual Dinner 2011                           The Institute would like to invite any                                   Brendan Allen, MIPI
The tradition of holding the Annual          comments our suggestions on the                           President, Irish Planning Institute

Planning Issues, Volume 1, No. 3, Autumn 2011                        6
Analysis

                                             of adoption. A Facebook or Twitter          top-down developer (NAMA).       There
                                             will have risen and perhaps fallen over     is not enough regulatory, creative or
                                             the course of a plan’s life (remember       fiscal space for innovative communities
                                             Bebo?). So, what are we doing now           to prosper. E. F. Schumacher’s “Small
                                             ... about now? How do we encourage          Is Beautiful” has never been so
                                             investment, innovation, improvements,       relevant.
                                             autonomy and the economy? What
                                             is our role?                                Manage the Town as a Priority
                                                                                         There needs to be a mental shift
                                             Proactive Leadership & Governance           from      ‘development      management’
                                             Councils have a responsibility to set       to ‘town management’. If it is the
                                             the tone for planning and development:      vision of a local authority to make
                                             the strategic messages that affect          a town better (encouraging vitality,
                                             every action of the institution.            viability etc) then it has to do things
                                             However, most corporate thinking is         to make it happen. This may include
                                             at least twenty years out of date. Ring     Town Centre Partnerships, Business
                                             roads are still cited as a regeneration     Improvement Districts, share capital,
RICHARD HAMILTON, MIPI
                                             investment. An organisation doesn’t         Local Development Vehicles etc,
                                             become ‘smart’ by giving a new label        extraordinary temporal rate increases,
Things Planning Should                       to the things it does and always has        rate relief, incentive based contribution
Do                                           done.                                       schemes, or just shaking-up budgets
                                                                                         to redirect expenditure.
Current media reference to planning          What County Manager has come out
is only able to comprehend that the          and said they want to have the most         There is plenty of space in towns.
be-and-end-all of planning is zoning.        cycle lanes per person in the EU in their   But it needs to be made into the right
But do we have any other ideas as            town, or that they want to dedicate         kind of space for leisure, education,
planners? Some food for thought:             their town centres to space for people      retail and residential requirements.
                                             or promote independent shops? The           This requires effort. Planners need to
Plan for the Present                         point is that innovation is not always      be responsible for this, to know what
‘Now is the time to plan for the future’     about IT start-ups, iconic architecture     the town needs, and how it can be
is a well-worn mantra trotted out by         or vision statements. But it always         delivered.
the development professions over             good and proactive governance, and
the last number of years. It brings          strong partnerships:                        Make towns more attractive than
to mind a memorable presentation                                                         suburbs/rural living
by David Engwicht at Cultivate’s               “....for great things to happen           People must want to live in towns;
Convergence festival in June 2010. He          people have to learn to help each         unloved & dismantled by modernist
satirically noted ‘…how fortunate for          other. The stereotype of the selfish      planning, architecture and engineering.
these experts to have such foresight,          backstabbing ‘Apprentice’ does not        Thirty    years    of   neglect    and
and know what lies ahead!’                     thrive in an enterprising community       mismanagement1 provide an exit-pass
                                               – though they may do well in The          to retail, housing and businesses.
The property phenomenon, that any              City. Successful citizens in the          We need to reassemble the town,
action now constitutes a ‘fire-sale’ in        enterprising community learn to           and fundamental to that is to keep
lieu of a better future, is symptomatic of     associate, collaborate, cooperate         people living there, and re-populating
grand self-delusion. We face systemic          and mutualise. To find those with         the centres. For this to happen, the
and profound changes in land use               whom there is a common cause.             centre has to be made more attractive
that are possibly beyond economic              And they understand that giving           and present better opportunities
recession. Is the only response to             help to others is as important as         than the suburban equivalent. The
be more crisis management, or wait             getting help themselves. The have         grass verge in most housing estates
for the next phase of the boom and             the “Go-Giver” mindset and they           is more attractive than most urban
bust?                                          express it through their actions.         streets. We need to provide plots at
                                               They live it.”                            cheap prices and encourage self-build
What development plan faces the                                                          projects with proactive design codes.
challenges of the next one to five             Towards        the      Enterprising      Have we got the right tools for this
years, not the next twenty? Indeed,            Community, 20 May 2011 (http://           urban acupuncture [Jamie Lerner]?
how can it?        These increasingly          localenterprise.wordpress.com/)
monolithic documents are conceived
in red tape, where any life support for      We have a top-down hierarchical
innovation or creativity, is sucked out      governance structure. This problem
in the course of the arduous process         is exacerbated by having a centralised


                                                                7                Planning Issues, Volume 1, No. 3, Autumn 2011
Analysis

Sustainable urbanism must be at the        the town centre; the regeneration of      money back with a predictable return.
heart of urban renewal, adaption and       failed suburbs expected to help failed    So what is to stop local authorities
innovation. Planners (and landlords)       centres.    We know it doesn’t work       or communities progressing water or
need to work hard to facilitate renewal,   that way.                                 energy utilities that they can invest
and make it less complex (financially,     Don’t plan to solve traffic congestion    in through bonds or shares? There
legally and physically).                   Cities and towns have a limited           are examples of successful projects
                                           amount of space for which we compete      such as Hørshom Waste to Energy in
Plant street trees                         (pedestrians, cafes, vendors, buses,      Denmark and Fintry Development Trust
This is so important and fundamental       bikes). People want to be able to         (Public Private Energy Trust) Scotland
to successful urban places, that it        drive their car from beside their bed     (windfarm). Communities and local
shouldn’t need to be mentioned. Street     to their desk (paraphrasing Manuel        authorities should be able to make
trees are easy and cheap to achieve        Díez-Garrido,). Traffic congestion is     money on infrastructure development
and can have a transformative effect       a symptom of this competition. Road       and save costs on bills - after it’s
on places. They are more beautiful         engineers have done great damage          built.
and cheaper than street furniture and      attempting to solve it. So priorities
hard landscaping.                          have to be set for that ‘space’ which     Planners are good at doing things
                                           exists between buildings – the street.    outside the box, leading innovative
Only set objectives in a plan that         We should expand the network of           thinking and proactive initiatives.
can be followed by direct action           streets, and reduce the blockages (L.     The planning system needs to be
It’s time to scrap the MBA style vision    Krier) so that everyone can benefit       structured to support this economic
statement. The core objective of a         from the investment, and public           role we play.
plan should be clearly understood,         streets created.
and achievable through a set of direct                                                             Richard Hamilton, MIPI
actions or measures.      Development      Infrastructure
Plans that have achieved social            My bills from ‘Panda’ suggest my          Richard Hamilton MIPI is the Principal
isolation, segregated land uses, car-      wheelie bins are being collected by       of Urb Planning based in Dublin www.
based movement, strip malls and cul-       barristers. But who would have thought    urb.ie   This article is based on a
de-sacs, should at least be honest         fifteen years ago this could be huge      series of ideas published on his ‘Life
and admit this was their goal all-         business? Isn’t it time to examine        after Roundabouts’ Blog between 15th
along. Improvements are expected to        how utilities can be used to reduce       and 28th June, 2010.
happen by osmosis. A new shopping          people’s bills, and release more cash
centre (anywhere) is expected to           into the economy? Utilities provide       Notes
improve everything else around it;         a reliable return on investment over      1
                                                                                       Town Centres-Best Practice, FSP
suburban populations to support            time... because you can get your            Retail Blog, 24 June 2011.



“Perfect Sense” - A Review



I
     was struck by the plot of a           the collapse of our fiscal institutions   a lack of purpose; and in general a
     recently reviewed movie, “Perfect     in Ireland. The movie plot seems to       time of rising concern about the loss
     Sense”, starring Ewan McGregor.       capture the panic and the mood of         of confidence and direction. It was
McGregor plays a central role at           the country as we individually and        very hard to know how to promote
the heart of an unfolding pandemic         collectively rationalized the demise      the repair of historic buildings without
concerning the loss of human senses,       of our economy and our society. In        funding to support best conservation
the first symptoms are identified as       particular, how a dramatic chain of       practice, or to cultivate seed projects
the out pouring of grief and as the        events impacted and affected the          when funding had disappeared. The
disease progresses it cause sufferers      lives of those dependent on the           main streets of our towns and cities
to lose their sense of smell, taste        vagaries of the building sector and,      witnessed the downturn in a very real
and eventually hearing, leading to the     within that industry, the niche area of   way with many sites becoming vacant
gradual breakdown of society….where’s      conservation.                             and derelict as owners literally turned
this going you may wonder.                                                           their backs on their old buildings and
                                           Describing working as a Conservation      overlooked their continual maintenance
It occurred to me that the makers          Architect/Officer over the last few       as being integral to the vitality of the
of the movie had managed to reflect        years may best be summed up as a          community.
in a way the inertia (call it what you     time of vanishing once-viable projects;
may) that we have all experienced          of lost funding, opportunities and        Back to the pandemic: how did
as we wrestled with the enormity of        expertise; of uncertainty coloured with   our hero respond to the challenge?

Planning Issues, Volume 1, No. 3, Autumn 2011                8
Analysis

McGregor, a chef who is faced with         The decision by central government        promotional job to be done in this
financial ruin and the loss of his         to review the Planning & Development      area and the justification for it is very
business, decides that as people have      Act 2000 provides an opportunity to       clear as it aligns our endeavours with
lost their senses, as they can’t see,      review the hugely positive contribution   our EU partners who have devised the
hear, taste or smell the food in his       that the legislative framework has        current funding programme to address
restaurant, he decides to reinvent         made to supporting cultural heritage      the neglect of historic cities as the
the menu and offer an alternative          and hopefully it retains the really       key fabric /infrastructure to sustain
approach. McGregor sees the light          positive aspects of the legislation,      future communities. I encourage you
and develops a new repertoire of           such as the important guidance of the     to go online and to find the Hero
dishes that give a satisfying ‘crunch’     architectural heritage guidelines on      programme and to fix your eyes on
as the key culinary experience to win      protected structures, while taking the    the horizon and work for a brighter
the support of his customers.              opportunity to finely hone areas of the   future.
                                           legislation that weren’t achieved. The
Here’s my take on the moral of the         limited appointment of Conservation                              Nicki Matthews
story. Whilst we (in the various roles     Officers to Local Authorities has
we play in Planning and Development)       greatly reduced the impact of the         Nicki Matthews is an architect and
continue to strive to move forward         implementation of national policy         conservation officer with Dublin City
together we will identify opportunities    and the coherence in approach to          Council. This article has been written
and strengths that add to our capacity     informing planning is essential to        in a personal capacity.
to re-build and to re-imagine a future     improving the quality of our built
for our country. This is not a time for    environment. The employment of more
professionals to stay in the comfort       Conservation Officers (even under the
of their respective remits. We need to     current public service embargo) is
be forging new alliances, identifying      justified on the amount of EU funding
new opportunities and actively offering    currently available for historic towns
solutions to inform the on-going           and cities. This is a strong signal
process of re-building confidence in       from the EU and the Hero programme
our historic towns and cities. We need     is the only immediate hope for the
new planning tools and measures            future repair of historic buildings
to deal with dereliction and wasting       and a much needed stimulus for the
assets and mechanisms to inform            reviving the crippled building sector.
best practice of heritage buildings that   With EU funding come ideas derived
have been left stranded and isolated       from internal best practice and
in large property portfolios now under     management, which encourage and
control of NAMA.                           promote multi-disciplinary teams and
                                           the development of ethical framework
It is timely that the sections of the      or plans in which to coordinate our
Act regarded as more draconian at          efforts. All welcome experience in my
the time of its introduction in 2000,      opinion to address a broken planning
and which were considered in general       system.
to be too onerous to implement,
are now reviewed with regard to            In tandem with the review of the
the management of wasting heritage         legislative framework, it would be
assets and derelict sites. It is simply    hugely beneficial to address the
no longer reasonable to place the          positive contribution that heritage
financial burden on local authorities      projects have made to society and
to take on the role of CPO/acquiring       to demonstrate best conservation          Suggested Links
properties or to finance property          practice of regeneration/sustainable
regeneration when all sources of           re-use of built heritage assets. There    Project Hero
heritage funding have been removed.        are some real success stories, which      http://www.ovpm.org/en/news/
Other European cities have placed the      could be used to inform other             heritage_opportunity_eu_project_
responsibility on the owners of the        communities. Heritage is no longer        hero_presented_its_new_approach_
properties and levied derelict sites/      the frilly add-on option or a marginal    management_historic_cities
under-performing    buildings,    which    activity followed by a few converted
detract and undermine other property       zealots. Europe regards conservation/     Perfect Sense
owners.                                    regeneration as a mainstream activity     http://www.tntmagazine.com/
                                           at the heart of sustainable living,       tnt-today/archive/2011/10/04/
Here are a few final thoughts to           healthy communities and vibrant           film-review-perfect-sense.
ponder and where light may be shed.        cultural cities. There is a significant   aspx#ixzz1aXgAwMG


                                                             9               Planning Issues, Volume 1, No. 3, Autumn 2011
Analysis

                                            increased the level of employment          Spatial Strategy (NSS) was produced
                                            and wages commanded and so the             in 2002. The document identified
                                            multiplier effect kicked in and the        Gateways and Hubs to accommodate
                                            Celtic Tiger took off.                     balanced regional growth, up to 2020.
                                                                                       However, the document was politically
                                            On entering the single currency,           watered down and the relationship
                                            interest   rates   were     dramatically   to capital investment was not tight
                                            reduced and suddenly developers            enough; thus it could not deliver on
                                            found that banks had a lot of cheap        much of its strategic focus. In terms
                                            money available, so borrowing large        of its implementation, the strategy
                                            amounts became the norm and                was largely ignored, even by Central
                                            construction intensified. In turn those    Government when implementing its
                                            buying properties were encouraged to       decentralisation plans and introducing
                                            borrow larger amounts of money and         property tax incentives.
                                            as the price gap widened, the amounts
                                            and percentage borrowed increased          At a local plan making level, mere
                                            and construction started to drift into     ‘regard’ was given to national and
ALICE CHARLES, MIPI
                                            the more ‘affordable’ rural hinterland.    regional policy and often despite the
                                            This movement was compounded by            best advice of Planners, Councillors
Irish Property Market                       the comparative ease (in time and          and management succumbed to
Collapse: the Cause,                        processing) of developing on new           pressure from developers and vested
                                            development land in the hinterland         interests, who exerted undue influence
the Legacy, NAMA and                        areas of major centres, as against the     on plan making. As a result, bad zoning
the Role of Planning                        greater complexity of delivering urban     decisions were made, which led to an
                                            redevelopment in brownfield locations.     abundance of zoned land, often in the
Whilst the current Irish property                                                      wrong location and lacking services.
market collapse is by no means              When the pace of the Celtic Tiger
unique, the extent of the collapse is       started to slow, the Government            When developers were contemplating
arguably greater than that experienced      responded by introducing property tax      the purchase of land or property, they
internationally. This is essentially        incentives to prop up the construction     had little regard for statutory Plans
a result of poor governance of              industry. This resulted in areas like      and similarly bankers often ignored
the planning system, property tax           the Upper Shannon being littered           planning parameters when making
incentives and lax regulation, in           with Section 23 properties. Whilst         decisions on lending. In developers
the preceding decade.         The legacy    many may have quietly questioned           haste to make profit on their hefty
is a plethora of unfinished estates,        the sustainability of such practices,      investments, good design often fell
zombie hotels and golf courses and          few voiced their concerns and when         by the wayside. As a result, Planning
an abundance of zoned land. NAMA            they did they were shot down by            Authorities were increasingly faced
is but one mechanism that has been          Government and the mass media who          with determining planning applications
employed to deal with the banking           promoted property as a sure bet.           for intensive development of a poor
and corresponding property market           However, the Celtic Tiger came to a        design quality and with limited
collapse. In this article, Alice Charles    grinding halt in 2008, with the onset      social and community infrastructure.
explores the cause, the legacy, and         of the global financial crisis and in      Whilst Planners often rejected such
the role of planning and of NAMA in         particular the level of exposure of our    applications, in some cases they
seeking a solution.                         banks to land and property loans.          were granted. Too often it was left
                                                                                       to An Bord Pleanala to interpret
What happened?                              Where was planning?                        the Development Plan correctly and
The roots of the Celtic Tiger can be        Many would rightly ask, where was          refuse such development; that’s if the
traced back to the early 1990’s, when       planning during the Celtic Tiger and       application was appealed to the Board.
Ireland started benefitting directly from   whilst we may find it difficult to
prosperity resulting from the influx        accept, we must acknowledge that           Not only should the planning profession
of multinational companies. Ireland         the planning system failed. This may       have been more vocal in outlining its
became the destination of choice for        be attributed more to the politics of      concerns but the planning system
multinationals, due to the workforce’s      planning than the actual profession,       should have acted as a counter balance
educational attainment relative to          but the system nonetheless failed.         to the development frenzy. Planning
other English speaking countries. This        Despite a strong legislative base,       should have controlled the level and
resulted in a dramatic increase in          the governance of Planning in Ireland      location of development in the interests
employment and as employment grew           historically lacked joined up thinking     of the common good and proper
so too did the demand for houses.           and often pandered to political and        planning and sustainable development.
The construction industry responded         local interests. In an attempt to
by increasing output and in so doing        overcome this problem, the National
Planning Issues, Volume 1, No. 3, Autumn 2011                 10
Analysis

The legacy                                NAMA is an asset management                approval or rejection. If plans are
Our    downfall     has   been    well    company that acquires good and             approved the bank will work with the
documented by the global media            bad loans at market value from the         developer towards the implementation
and it has unfortunately led to the       Irish banking institutions. NAMA has       of the Plan, but if rejected then the
appearance of new phenomena, such         acquired more than 11,500 property-        bank can appoint receivers and seek
as the ‘unfinished/ghost estate’ and      related loans from the Irish banking       to realise whatever value they can for
the ‘zombie’ hotel. The legacy of the     institutions involving 850 debtors,        the asset. It is also worth noting that
Celtic Tiger is not only a collapsed      16,000 properties and loan balances        land and property assets managed
economy and development sector, but       of €72.3 billion. The loan book will       by foreign banks often sit alongside
a surplus of partially completed or       shortly increase to €74.2 billion after    NAMA assets and it may be in the
completed developments, comprising        the residual tranche of loans are          public interest for both parties to
2846 unfinished estates, zombie hotels    removed from the bank’s balance            work together to realise best value
and golf courses, with a excess of        sheets. 60% of the loans are secured       for the asset.
15,000 bed spaces, struggling private     by commercial or residential property
hospitals, vacant commercial property     and 40% by undeveloped land or by          NAMA and Planning: The Legislation
and derelict historic properties.         properties under development. 60% of       NAMA is a commercial entity that
                                          the loans are in Ireland; nearly 30%       is focused on the recovery for the
In addition, there is an abundance        are in the UK, whilst the remainder        taxpayer of what it has paid for the
of zoned land, some of which has          are in the wider world. The objective      acquisition of the assets plus any
permitted     proposed     development,   set under Section 10 of the NAMA Act       additional project funding, working
along with considerable amounts of        2009, is to obtain so far as possible      capital and other costs. Whilst this may
unzoned land on which imprudent           the best achievable financial return       appear contrary to the basic premise of
lending was made.       There is more     for the State having regard to the         planning for the ‘common good’, when
than 41,000 hectares of land zoned        amount paid, plus whatever additional      the legislation is scrutinised, planning
for development, yet the Regional         working or development capital costs       actually plays a significant role in
Authority Housing Land Requirement,       for the acquired bank assets.              NAMA’s performance of its duties.
sets out an estimate of need to 2016
of at most some 12,450 hectares.          When the loans are acquired by             This is demonstrated in various sections
(The current process of Core Strategy     NAMA, it requests debtors to submit a      of the National Asset Management Act
adoption and subsequent variation/        detailed 3-year business plan within 30    2009 (NAMA Act), but specifically in
review of development plans and           days of acquisition. Business Plans are    Sections 2, 11 and 12. Section 2 of
local area plans will bring the           then reviewed and NAMA determines          the NAMA Act explicitly states that
short term zoned land bank down           whether these plans are viable and         one of the purposes of the Act is ‘to
towards the lower figure.)      As our    will either approve them, reject them      contribute to the social and economic
infrastructure was not upgraded in        or refer them back to the respective       development of the State’.       Section
tandem with development, we have a        borrower for amendment. Where plans        11 of the NAMA Act indicates that
huge physical, social and recreational    are approved, NAMA will monitor the        in exercising its ‘functions NAMA shall
infrastructure deficit, with investment   debtors’ subsequent performance to         have regard to the need to avoid
critically needed in water, wastewater,   ensure they adhere to the targets          undue concentrations or distortions
public transport, education and health    contained in the approved business         in the market for development land’.
to meet the needs of the existing and     plans in relation to the agreed debt       Section 12 refers to the powers of
future population.                        repayment/disposal strategy. Where         NAMA and it explicitly states that
                                          business plans are rejected and            NAMA has the power to ‘make any
The solution                              borrowers are considered to be no          planning application in relation to
The National Asset Management Agency      longer viable, enforcement is pursued      land, and intervene in any planning
(NAMA) was established in 2009, as a      against the debtor and receivers           application made by another person’
key part of the solution to the Irish     working on behalf of the organisation      and ‘make any application to develop
banking crisis. NAMA operates under       offer the land and property for sale.      minerals on land’, and ‘undertake
the confines of the NAMA Act 2009,                                                   development for the purpose of
and is a mechanism to deal with the       It must be acknowledged that the           realising the full value of any asset’,
riskiest land and development loans       Foreign Banks also have mechanisms in      and in exercising its powers ‘NAMA
on banks’ balance sheets. These loans     place to manage land and development       shall have regard to proper planning
stopped banks from lending into the       loans. The model is somewhat similar       and sustainable development as
economy, thus preventing economic         to that of NAMA, with many forming         expressed in Government policy and
recovery. NAMA involves the removal       global restructuring teams to manage       in any relevant regional planning
of land, development and associated       major corporate clients in financial       guidelines (within the meaning of the
loans off the bank’s balance sheets and   distress. The principal aim of the banks   Planning and Development Act 2000)
their acquisition by NAMA, for which      is to maximise debt recovery and in        and development plan...’. Section 148
NAMA has to date, paid the banks          so doing, they require borrowers to        and Schedule 1 of the NAMA Act also
€30.5 billion in redeemable securities.   prepare revised Business Plans for         provides Statutory Receivers with similar
                                                             11              Planning Issues, Volume 1, No. 3, Autumn 2011
Analysis

powers to that of NAMA indicating         sought       and      received     written   Discussions have taken place with
that they have the power ‘to apply for    submissions from selected prescribed         DoECLG, ABP and the CCMA on issues
and maintain any planning permission,     organisations listed in the Planning and     which have an impact on NAMA’s
building regulation approval or any       Development Regulations, including the       work including the extent of over-
other authorisation’. In addition, the    Irish Planning Institute who submitted       zoning, housing densities, unfinished
NAMA Act refers to the need to give       a     comprehensive      response.    The    housing developments (both houses
consideration to planning in relation     submissions spanned a wide range of          and     apartments),      infrastructural
to the valuation and acquisition of       views covering proper planning and           development,      special      problems
assets from the banking institutions in   sustainable development generally, as        associated with hotels and golf courses,
various Sections of the Act.              well as the specific issues such as          development contributions, bonds and
                                          housing policy, public transport, key        the new planning legislation.
NAMA Planning Advisory Committee          infrastructure, amenity and community
and its workings                          facilities, provision of sites for public    The     Committee     guided    NAMA’s
Section 33 of the NAMA Act 2009           purposes,      economic      and    social   participation on the Expert Advisory
provides that the NAMA Board may          development        objectives,   planning    Group      on   Unfinished     Housing
establish advisory committees and         legislation and processes and long-          Developments which was established
two have been set up to date: the         term public interest. As advised by the      to advise the Ministers of State for
Planning Advisory Committee (PAC)         Committee, the Board has had regard to       Housing and Planning on actions
and the Northern Ireland Advisory         these submissions in the development         to ensure the effective management
Committee.                                of NAMA’s strategies and policies.           of these developments. The Group’s
                                                                                       report was published by the Minister
The Planning Advisory Committee is        The Committee had discussions with           for Housing in June 2011. That report
comprised of the following people:        a number of Government Departments           identified 2,846 unfinished estates
•  William Soffe (Chairman, Board         and with other organisations in              and it categorised them by reference
   Member)                                relation to planning and development         to the extent to which they required
•  Brendan      McDonagh       (Chief     matters of mutual interest. These            remediation. The report identified 225
   Executive, NAMA and Board              bodies included the Department of            Category 4 estates, which are deemed
   member)                                Environment, Community and Local             to require immediate remedial attention.
•  Michael Connolly (Board Member)        Government (DoECLG), the Department          NAMA debtors have loans with an
•  John Mulcahy (Head of Portfolio        of Education and Skills (DoES), An           exposure to 31 of those Category
   Management)                            Bord Pleanála (ABP), the Health              4 estates. NAMA is undertaking an
•  Michael Wall (External Member)         Service Executive (HSE), the Housing         analysis of the estates with a view
•  Alice Charles (External Member)        and Sustainable Communities Agency           to developing site resolution plans,
                                          (HSCA) and the County and City               which will address the most pressing
The purpose of the Planning Advisory      Managers’ Association (CCMA). The            matters that require resolution and
Committee is to provide strategic         following are some of the issues which       has committed to investing €3 million
advice and recommendations to the         have been covered in these discussions       to fund urgent construction works.
Board on planning, land and related       and which have been the subject of
matters that may exert an influence       the Committee’s advice to the Board:         NAMA has proactively engaged with
on the valuation and realisation of                                                    both the DoES and the HSE and
development potential of NAMA assets      Recognising the pressing need for a          other State bodies in relation to their
and thereby affect the achievement of     national planning information system,        possible need for land and property
NAMA’s purpose and functions.             the DoECLG (with the support of other        for schools and health care facilities,
                                          interested organisations, including          etc. A number of locations have been
To date the Committee has had two         NAMA) plans to establish, by the end         identified for further consideration by
priorities:                               of 2011, an internet browser-based           State bodies. There are also ongoing
                                          GIS planning information system,             discussions with the HSCA about
1. To consult widely with other           incorporating national planning spatial      their interest in land and properties
   interested parties so as to            data including zoning, unfinished            (mainly in urban areas) for social and
   develop an understanding of            housing developments, housing land           affordable housing and rent and leasing
   their perspective on a number of       availability and developing areas. The       schemes. In this regard a member of
   key issues and, thereby, in turn,      Committee has worked closely with            staff has been seconded from the
   inform the NAMA Board’s policies       the Department in terms of NAMA’s            Housing and Sustainable Communities
   and strategies.                        contribution to the system. On               Agency (HSCA) to review the residential
2. To enter into discussions with         completion of the exercise NAMA will         units managed by the organisation, to
   Government bodies and with other       supplement the GIS planning information      establish if any of the assets may
   parties, so as to determine how        system with information pertaining           be suitable for the provision of social
   best to align NAMA’s role with         to its assets, to inform a strategic         and affordable housing. In accordance
   other public policy objectives.        review of the positioning if its assets.     with the Board’s direction, such land/
On its establishment, the Committee                                                    properties will be offered at NAMA’s
Planning Issues, Volume 1, No. 3, Autumn 2011                12
Analysis

minimum reserve price (independently       analysis of the strategic strengths          viable i.e. student accommodation,
appraised) to such State Departments       and weaknesses of assets in relation         nursing homes, private hospitals,
or bodies for four weeks, subject to a     to location, zoning, planning history,       social and affordable housing, etc.
definite decision, contract and closing    servicing, transportation linkages, site     Commercial Property: As the Irish
period of up to 90 days, prior to          designations, development/energy /           economy regains momentum over
open market offering.                      agricultural potential. Assets that are      the coming years and as investor
                                           located in major centres of population       confidence    grows,      demand     for
Finally, the committee actively sought     are likely to offer the most potential for   commercial property will improve.
and inputted into the process of           development in the short to medium           There is, of course, overcapacity in
recruiting a full time Planner for         term and are likely to be prioritised.       all commercial sectors at the moment
the organisation. The organisation                                                      but there are significant sectoral
has now recruited Chris McGarry,           Use of Unfinished Estates: Whilst the        and regional variations. For instance,
who has more than 20 years town            organisations immediate priority is to       vacancy rates for city centre office
planning experience. He commenced          ensure that the estates that present         space in Dublin are falling and with no
employment with NAMA in September          a health and safety hazard are               completions expected in the short term
2011 and is already hard at work           remediated, the organisation is also         and evidence of strong demand from
both     providing   the   organisation    actively looking at future uses for          technology companies and from new
with planning advice in relation to        surplus stock. On completion of the          multinational companies, the outlook
specific assets, but also putting the      HSCA staff member’s spatial analysis         for this sector is quite positive. On
processes in place to ensure that the      of the unfinished assets managed by          the other hand, a pick-up in activity
organisation plans strategically for the   NAMA, it is hoped that the Department        in the retail and industrial sectors
collective use of its assets nationally    will have a clear view of the assets         is heavily dependent on a general
and internationally. Chris has also        that offer potential for the previous        resurgence of economic activity.
been charged with commencing active        of social and affordable housing and
engagement with Planning Authorities,      the organisation will happily offload        Undeveloped land, future development
in relation to assets within their         its assets, at the price paid, to Local      land and back to agriculture or forestry:
local authority areas, having regard       Authorities and social and affordable        Undeveloped land accounts for 40%
to proper planning and sustainable         housing providers, within the confirms       of NAMA loans. The most valuable of
development principles and to NAMA’s       of planning legislation and policy           these loans is within, or close to, major
commercial remit.                          guidance. In the interest of ensuring        centres of population and will in time
                                           sustainable balanced communities and         lend itself for development. However,
Future planning consideration for          indeed recouping taxpayer’s money,           some land will not be developed and
NAMA and State bodies                      NAMA is also exploring mechanisms            will revert to agricultural use and with
Whilst    NAMA      faces     formidable   for offering residential property to the     the outlook for the agriculture sector
challenges ahead, it presents an           market. However, it is acknowledged          much improved in the short to medium
opportunity to facilitate a “plan led”     that some assets will not readily            term, there is likely to be solid demand
rather than a “developer led” approach     lend themselves for the purposes of          for agricultural or forestry land.
to future development in the State.        social and affordable housing and are
This will not only enable NAMA to          unlikely to be taken up by the market.       Develop Public Sector Land Register
achieve best value for the taxpayer but    In such cases solutions will need to         / Vest Public Sector Land in the
will be in the interest of the ‘common     be employed on a site by site basis,         Organisation: NAMA is likely to
good’ and represent proper planning        which will include retrofitting, exploring   support the development of a public
and sustainable development. In order      alternative    uses    i.e.   community,     sector land register, which would
to achieve such a goal, it requires        sheltered accommodation, etc, and            enable the State to strategically
collective action from both NAMA and       in some cases demolition, which may          assess the potential of its assets.
State Bodies. For NAMA’s part this         require the relocation of residents          This would allow for the preparation
might include the following:               from estates allocated for demolition        of joint masterplans and ultimately
                                           to superior property.                        achieve best value for the taxpayer.
Use GIS planning information system                                                     Alternatively the State may seek to
to analysis and plan: Proper planning      Hotels and Golf Courses: Where a             vest or sell surplus public sector
is built upon research, analysis and       number of NAMA-funded hotels and             lands to the organisation, where it
planning. DoECLG in cooperation with       golf courses are competing in a              would be in the interests of the State.
NAMA are hard at work developing a         location where there is only potential
GIS planning information system and        for a single facility, NAMA will more        Engagement with Non-Participating
on completion later this year, this tool   than likely have to make a decision          Institutions: NAMA will need to
will be used by NAMA.       NAMA will      based on the optimal commercial              proactively     engage        with   non-
supplement this system with relevant       outcome. Therefore NAMA will have            participating institutions, in accordance
planning data in relation to existing      to actively consider alternative uses        with the approved code of practice, in
assets managed by the organisation         for hotels and golf courses that are         order to optimise returns on common
and will then undertake a spatial          considered to not be economically            assets and debtors. NAMA also
                                                              13                Planning Issues, Volume 1, No. 3, Autumn 2011
Analysis

expects non-participating institutions        consider asking Local Authorities          the fundamental requirements of
to operate in a reciprocal way taking         to prepare Infrastructure Capacity         proper planning and sustainable
account of NAMA’s objectives.                 Assessments that identify the              development will need to measure
                                              physical, social and recreational          the cost and the benefits to society
Use of CPO Powers: The NAMA Act               needs of the existing and future           of one-off housing. DoECLG and
provides the organisation with CPO            population and the cost of realising       Local Authorities would be prudent
powers which can be availed of. The           these objectives. This would provide       to promote the development of
organisation may have to consider             an equitable means of developing           serviced sites in small villages and
compulsorily purchasing land and              costed development contribution            towns and offer housing choice
property to facilitate access to assets       schemes and provide some degree            and help to regenerate rural
or where it is in the best interests of       of certainty in relation to the            settlements. It is recognised that
realising the overall value of assets.        cost of development and servicing          some degree of need will exist
DoECLG, Local Authorities and other           development.                               for one-off housing, in serving
State bodies may consider the following:                                                 the needs of the agriculture
                                           4. Brownfield Land Policy                     community, but the intensity of
1. Revise and Focus the NSS                   It would be prudent for DoECLG to          such unsustainable development
   around Five Key Cities                     promote a Brownfield Land Policy,          cannot persist.
   Whilst NAMA is a State body                which would not only promote the
   with no direct involvement in the          development of urban Brownfield         It should be emphasised that the
   drafting of legislation or guidance,       land first, but would provide           type of planning judgements, which
   it is likely to support any review         guidance on the remediation,            I suggest above, NAMA is likely to
   of the National Spatial Strategy by        planning and servicing of such sites.   make over the next short period, such
   DoECLG. The NSS not only needs                                                     as considering alternative uses to
   to prioritise development around        5. Support density                         a current non viable use, analysing
   the major centres of population,           The promotion and achievement of        the location of its assets, and thus
   but it needs to provide a strategic        medium to high densities enables        their immediate or future planning
   framework for the development              the delivery of economically viable     value, by reference to regional and
   of energy, waste and agriculture,          infrastructure in tandem with           development plan policy etc., are
   which will act as major drivers of         development and prevents further        those which will (or should) be made
   future growth.                             unnecessary urban sprawl onto           by all participants in the planning and
                                              Greenfield sites. Therefore DoECLG      development sector. In addition they
2. Urban Capacity Studies prepared            is likely to support continued          reflect the progression of Ministerial
   by Local Authorities when Plan-            medium to high densities. Building      guidance through to statutory planning
   making                                     height is not necessary to deliver      policy changes, in areas such as
   If DoECLG were to introduce Urban          higher density development. This        population targets, relationship of
   Capacity Studies, as part of the           is evident in Georgian Dublin           new development to infrastructure.
   local Plan making process, this            where the highest densities of          In short, NAMA will be operating
   would be of great use to NAMA.             development are concentrated.           within and availing of, the tightened
   This would provide the housing             In order to achieve density,            and improved context for planning.
   and employment capacity, empty             consolidation must be the central
   homes and employment land                  theme of local Plan making.             Conclusion
   and property strategy for a local                                                  The ultimate outcome of NAMA will
   authority area, which would be of       6. Discourage         the    continued     not be known for many years to come,
   immense use in planning for the            development frenzy of one off           but if it is to be successful it’s vital
   future use of assets nationwide.           houses                                  that proper planning and sustainable
                                              The cost of providing all public        development practices are at its core.
3. Infrastructure            Capacity         and private services together           NAMA welcomes the engagement of
   Assessments        prepared     by         with providing and maintaining          the planning profession to date and
   Local Authorities, with linked             infrastructure to dispersed one-off     would welcome continued engagement
   Development Contributions                  rural housing is significantly more     with DoECLG, regional and local
   Infrastructure   development   did         expensive and inefficient than in a     authorities and the wider profession.
   not keep pace with development,            village, town or City. In addition,                       Alice Charles, MIPI
   during the boom and as a result            with the surplus of housing stock
   there are huge infrastructure              in villages, towns and cities, each     Alice Charles, MIPI is Director of
   deficits, particularly in relation         one-off house that is developed         Alice Charles Planning and serves
   to water, waste water, transport,          provides a further burden to the tax    as an External Member of the NAMA
   education, health and recreation.          payer, in that if such a development    Planning Advisory Committee. This
   If this problem is to be not only          didn’t take place, potentially an       article has been provided with the
   resolved, but prevented in the             asset managed by the State could        kind permission of the National
   future, the DoECLG may have to             be acquired. DoECLG in embracing        Assets Management Agency.
Planning Issues, Volume 1, No. 3, Autumn 2011                14
Editorial - Making Use of the “Downtime”


T
        he RIAI president Paul Keogh      planning officer or the public due to      addressed as part of this exercise.
        remarked in his inaugural         their size and the time constraints of
        address a couple of years         the process. Surely a more succinct        The validation process is also a
back that if any positives could be       means of making these arguments            major bone of contention and private
taken from the recession and the          should be considered?                      practice planners have long argued
downturn in the development sector,                                                  for a more reasonable, fairer and
it was that it provided architects with   One idea would be to place the onus        speedier system. The Department of
time for “thought and redefinition of     on the Planning Authority to make a        the Environment has published revised
direction”. This is also the case for     greater degree of baseline information     Development Management Guidelines
planners and the planning profession.     available upon which to make informed      in an effort to address concerns about
                                          decisions. Retail Impact Statements        the process but it remains the case
Perhaps the “downtime” we are currently   are a good example, where developers       that validation is in the eye of the
experiencing offers an opportunity to     or their agents are required to            technician. It can often seem that the
consider more fundamental changes         undertake health checks of town            decision to invalidate is made without
to our profession and to the planning     centres or quantitative assessments        an understanding of the practical
process. After all, the refrain during    of existing floorspace as part of the      implications on the developer or his
the boom years was that we were           justification for their schemes. The       agents.
simply too busy to even consider          situation can and has arisen where
whether the processes we had put in       there are multiple reports prepared by     Finally, the move to standardise the
place provided for an effective and       different developers, all containing the   planning process under the 2001
efficient planning service.               same analysis. Surely this information     Act has meant that some of the
                                          should be impartially amassed by the       simpler applications for development
The previous government made a            planning authority and then made           often fall victim to the excesses of
number of significant changes to the      available to developers or even            the bureaucracy. A friend of mine
planning regime at strategic level,       discussed with them during the pre-        recently asked for my assistance in
mainly to ensure greater cohesion         planning phase to determine whether        making a planning application for a
between the various layers of planning    the proposed development is suitable       new driveway entrance to his house
in the country and also to enforce the    or desirable.                              (no win no fee of course!). When I
principle of evidence-based planning.                                                told him that he needed to provide
The new government promises further       The expense of preparing a planning        elevation plans to accompany his
change.                                   application was absorbed with little       application and the need for notices
                                          debate during the boom years, at           etc he looked at me in puzzlement.
However the planning application          least to planning authorities. However     This led me to think that perhaps
process itself, as a process which        these costs now seem less justified        a system of planning permits for
many people are required to engage        given our more straightened economic       various types of development (such
with at some point in their lives (and    circumstances. Even during the boom,       as driveways) could be devised
which is supposed to encourage public     handing over upwards of €1,000 to a        which would offer a simpler process
participation), remains opaque, overly-   newspaper company to place an advert       to would-be applicants, albeit with
bureaucratic and overly complex, even     seemed like an excessive imposition        clearer guidance as to what type of
to built environment professionals.       on a developer. How must this appear       development could take place. This
                                          to developers now?        Erecting site    also strikes me as good solution for
The requirements for making an            notices is also often an externalised      commercial business such as shops
application are a case in point. The      cost, spawning its own mini-cottage        where changes are proposed to
multiple copies of expensive plans        industry, while the length and detail      shopfronts or signage. The current
and the growing numbers of reports        of notices seems to have increased         arrangement of a standard planning
expected with each application needs      substantially over the years – consider    application often appears so overly
consideration. Providing comprehensive    Chartered Land’s Dublin Central            complex to the property owner that
information and arguments for a           development on O’Connell Street as         in many cases the planning system
development is obviously important to     a case of site notices gone mad.           is simply bypassed, and the changes
the decision-making process, however      Perhaps adopting the UK approach,          are made regardless. Is this really the
the increasingly voluminous impact        where a simple site notice is erected      best way that we can manage this
statements prepared by planning           by the planning authority themselves,      process? Perhaps some “redefinition
consultants and other specialists,        would serve us better. It is known         of direction” would prove worthwhile.
which require a considerable amount       that the Department is currently
of work on the part of these              revising the schedule of planning
professionals to produce, are often       fees: the additional costs associated
unwieldy and inaccessible to the          with the process should also be                                       The Editor

                                                            15               Planning Issues, Volume 1, No. 3, Autumn 2011
The Irish Property Market Collapse: The Cause, the Legacy, NAMA & the role of Planning
The Irish Property Market Collapse: The Cause, the Legacy, NAMA & the role of Planning
The Irish Property Market Collapse: The Cause, the Legacy, NAMA & the role of Planning
The Irish Property Market Collapse: The Cause, the Legacy, NAMA & the role of Planning
The Irish Property Market Collapse: The Cause, the Legacy, NAMA & the role of Planning

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The Irish Property Market Collapse: The Cause, the Legacy, NAMA & the role of Planning

  • 1. Irish Planning Institute PLANNING ISSUES Volume 1, No. 3, Autumn 2011 NEWS - Irish Planning Institute Young Planners Network Launch Event S ustainable travel, new urban initiatives and learning from past mistakes were all central themes of an interesting and extremely well-attended IPI Young Planners Network launch event entitled ‘Planning for Economic Recovery’ on 6th October last. Hosted in the salubrious Convention Centre Dublin, high-profile speakers on the night included Andrew Montague, Lord Mayor of Dublin; Frank McDonald, Environment Editor of ‘The Irish Times’; and, Ciarán Cuffe, former Minister of State for Planning and Climate Change. Each presentation was diverse and informative, and culminated in a panel discussion with questions from the audience. Following a brief welcome and introduction from Brendan Allen, President of the Irish Planning Institute, the Lord Mayor of Dublin spoke of the importance of making our urban centres attractive, the organisation of space and learning from the challenges of urban decay in recent decades. The issues and challenges faced by the ‘rates system’ in Ireland reflected the diversity of considerations in urban planning, while the opportunity represented by the houses of Georgian Dublin was also discussed. The importance of access to services and facilities, permeability throughout urban areas and the promotion of cycling (such as the hugely successful DublinBikes scheme) gave all attendees plenty of food for thought. The Lord Mayor of Dublin was followed by Frank McDonald, who spoke of the imperative of avoiding past mistakes and the egregious planning errors which totally ignore principles of sustainable development. Controversial schemes such as the Casino/Leisure Development at Two-Mile Borris in Co. Offaly, the proposed National Children’s Hospital at the Mater site in Dublin (a Strategic Infrastructure Development) and roads proposals at Ennistymon, Co. Clare were all used as case study examples. Mr. McDonald spoke of the need to rebalance revenue in Dublin and CONTENTS AT A GLANCE elsewhere to facilitate worthy schemes rather than those which destroy their environs. Ciarán Cuffe completed the terrific line-up, with a clever Planning News 1 collection of ’10 things a young planner should know’. Mr. Sounding Off 2 Cuffe spoke briefly under strands such as the importance of President’s Column 4 a directly elected Mayor (Power to the People), the inclusion Analysis 7 of children in the planning process, the opportunities for Editorial 15 fairness and synergies through NAMA activities, and the value of high density development (and not necessarily Irish Planning Institute News 16 high rise), interweaving international examples throughout.
  • 2. Planning News The event closed with a panel discussion covering numerous topics, from Core Strategies to the Smart Economy, from the Port Tunnel to what planning can achieve…and everything in between! A tour of the Convention Centre Dublin followed by a social tipple brought an end to a very successful and well organised event. Roll on YPN’s next event on 4th November: a Skills, Training and Career Guidance Seminar (see www. ypn.ie for more details on this FREE event). Stephen Purcell, MIPI Stephen Purcell MIPI is a member of the Committee of the IPI Young Planners Network and is an Associate with Downey Hynes Partnership. Sounding Off Another Speech from the Dock! By our court correspondent, Dorian Lady dateline May 19th 2013 I t was a very busy day today in Court no. 4. Arraigned At the start of the hearing, which was presided over before the court were two public representatives, well by Judge Manchester of the newly-created Environmental known to the media, and to the general public as Court, the Counsel for the State called an important well, not least because of their public statements on this witness, Stefan von Schadenfreude, who was the issue over the past few years. Needless to say, the press Department’s Chief Investigator. This witness outlined, by gallery was full, not only of the usual rather cynical court affidavit and verbally on oath, how the two defendants reporters, but also of the more fly by night general reporters, had wilfully and deliberately encouraged others to obstruct seeking “colour pieces” for their media publications, as his staff from investigating the pollution of surface waters well as a smattering of political reporters, looking for juicy on a number of holdings in the West of Ireland over a titbits. I will leave it up to you, gentle reader, to decide in period of years. Herr von Schadenfreude stated that, which category your correspondent may be placed. I can as a result of these actions, he had been instructed by only say that none of the journalists could have expected the Ministry to investigate the sanitary provisions of the what was to occur, and it cannot be doubted that the public representatives’ own properties. He had discovered “polls” got enough to keep them going for some time….. that the properties (both one-off houses in the open Planning Issues, Volume 1, No. 3, Autumn 2011 2
  • 3. Sounding Off countryside) were serviced by on-site contemporary architecture-designed mitigate his actions by reference to effluent treatment systems (he used a new courts building does not have long forgotten history, which was different phrase, involving the German docks, as such, but rather planed light better left forgotten, as it was no word “Scheiße”). oak timber benches), and laid forth. longer relevant in a modern Ireland. He stated that he was not taken in The outcome of these investigations Not accepting the jurisdiction of the by this self-serving “faux ruralism”, were that the two public representatives court (a well-worn Republican tactic), especially from someone born in the had failed to ensure that their on-site the defendant called on the proud leafy suburbs of south Dublin. He said facilities had been subject to the so- legions of patriots that had fought that the rule of law had to take its called “NCT for Septic Tanks” regime tyranny against the oppressors of the course, notwithstanding the defendant’s that had been put in place by the “plain people” of Ireland. He argued “pedigree”, as all Irish People had to Department for the Environment and that his actions were motivated by a be equal before the courts established European Directives (DEED) in 2012, “True Patriotism”, which was “rooted by the Constitution. and further that they had failed to in the sacred soil” over which many pay the registration fees to their generations of Irishmen had fought The Judge sentenced the defendant respective Councils in that year and to wrest from the invader. He said to five years imprisonment, the highest the following year. They had also that what he was doing, as a public sentence the legislation allowed, refused to allow access to their lands, representative that had been “chosen” remarking that this would hopefully when the District Court had ordered by the people, was to fight the latest convince the thousands of people mandatory inspection and testing of invader. He said that the legislation whose cases had been adjourned their discharges. What was worse, in question had been foisted on the in Circuit Courts in the Western and according to Herr von Schadenfreude, Irish Parliament by the “urban-based Northern Circuits to think again. was that these discharges, when tested bureaucrats and bearded intellectuals under Garda protection, had proven from Brussels” and their lackeys, the As this scribe left the courthouse, to be contrary to the provisions of West Brits now ensconced in Merrion and the defendant was led away to the legislative requirements, and had Street. He declared that it was for Mountjoy, to the anguished howls led to measurable pollution of the issues such as this that the Spirit of of the people in the “temporary local streams. the Nation had been preserved in FF tent village” in Parkgate Street places such as Connacht. He stated outside, I chanced upon Herr von In response, the first public that this legislation was “alien to the Schadenfreude. He appeared to be representative, through her counsel, Irish Race” and an attack on “rurral smiling. (But is often difficult to tell stated that, as a member of the EU peeeepul”, who should be entitled to with these foreigners who rule our Parliament, she had immunity from do whatever they like with their own lives these days). national and local legislation, citing the properties under the Irish Constitution. recent “Commission – v- S. Berlusconi” In a closing flourish, he said that he by a Member case in the European Court of Justice. was happy to go to jail, to fight for The Judge, reluctantly, accepted that the true Irish way of life. After all, this ECJ case was binding on Ireland, he said, there was no evidence that and that therefore she was to be he had done any harm, apart to a discharged (though expressing the few birds and newts, and anyhow, an comment that if the case was not so “organic water supply never did our binding, he would have found for the forebears any harm - shure didn’t it prosecution). toughen them up to do away with 900 years of British oppression....It never However, in the case of the second did his grandfather any harm”. defendant, the Judge ruled that there IMPORTANT NOTE was no similar immunity available to There was an audible intake of breath FROM THE EDITOR Oireachtas members, and asked the in the Court after this outburst, TD in question if he had anything to and then a tickle of applause from Please note that the views offer in defense. There then ensued some of the hacks present (which what can only be described as a new was quickly silenced). The rest of expressed in this magazine “Speech from the Dock”, in the style us, professionals all, waited on the are the personal views of the of Robert Emmet, O’Donovan Rossa Judge’s decision. Judge Manchester individual contributors and and other “heroes” from Irish history. rose and pronounced sentence. Not do not necessarily reflect at all impressed by the speech from the views of the Institute The TD (who cannot be named the dock, the Judge noted that the nor of the contributor’s for legal reasons), rose to his defendant had failed to deny the employer. significant height from the bench (the charges, but rather had sought to 3 Planning Issues, Volume 1, No. 3, Autumn 2011
  • 4. President’s Column established over the past few years address issues of concern to them. and I think most people will agree it Employment issues are clearly the is very successful in terms of what biggest area of concern for the YPN it has achieved and it has certainly members. The YPN is particularly made services available to members focused on planning students and at a local level. The branches are recent graduates. The Institute will still continuing to evolve and I was continue to support the YPN in its very pleased to be asked to formally programme and objectives and would launch the new North East Branch hope that it will evolve into a branch in on 13th October, which involved a the future. Of course what constitutes visit to the Indaver Waste to Energy a “young planner” is a matter of Facility in Duleek, Co. Meath. The opinion - there is no guarantee the initiative for this branch came from a President will even make the cut. core group of planners in the region I had met a good number of the a few months ago and through the YPN attendees when we visited the hard work of this group the branch Planning Schools in UCD and UCC in is now established. Whilst the branch early October. We met students and BRENDAN ALLEN, MIPI primarily serves those planners living staff who made us very welcome and and working in Counties Meath, Louth, were keen to show the good work I was elected in June 2011 as Monaghan and Cavan, planners from that is taking place in the colleges. President of the Irish Planning outside these areas are welcome to Personally I was very impressed that Institute for the year 2011-2012. participate in events. Meath and Louth students are upbeat and positive and I am now 3 months into my term were formerly part of the GDA branch are producing high quality work. as President and the workload has for a number of years but decided certainly taken off after a quiet they needed to break free; rumour At that event I announced that the IPI summer. I am looking forward in has it that Dublin’s recent football and the New Zealand Planning Institute the year ahead to representing the success was the final straw for them. formally signed a mutual recognition best interests of the Institute and the agreement at our council meeting on planning profession. Whilst there are In addition to the new North East 6th October. Unfortunately I didn’t get many challenges both for us as a Branch, I formally launched the a trip to New Zealand out of it as our professional institute and in spatial Young Planners Network (YPN) on 6th new treasurer is not very generous with planning in general, I believe that October at a very well attended event the funds. It is a particularly important we are well equipped to deal with in the very plush Convention Centre milestone as it is the first time we these challenges as we have a well in Dublin (the same venue which have signed a bi-lateral agreement organised, well supported and strong hosted the Queen). The importance with another national institute. Both professional institute. of the event is highlighted by the institutes were very keen to sign fact that the Lord Mayor of Dublin the agreement in order to facilitate I propose to continue with and build (Andrew Montague) took the time to movement of planners between both on a number of initiatives started by give a very interesting and thought countries. Whilst traffic is likely to be the previous Council. The President’s provoking address to the audience, one way for the immediate future the Roadshow in particular was a very despite having a very busy schedule agreement makes it much easier for successful initiative which achieved a that particular day. As part of the Irish planners to work as planners in number of objectives of the Council event Frank McDonald and Ciarán New Zealand as they will be able to in terms of; hearing the views of our Cuffe participated in an interesting swap their IPI membership for NZPI members, obtaining views on what and lively panel discussion. We did of membership with relatively little hassle future direction and policies the IPI course retire after the formal event to and take up work much quicker. The should follow, giving support to the an adjacent hostelry where the young NZPI have advised us that there are efforts of the branches, establishing planners showed a few older planners very good opportunities for Irish the health and activity of branches, how to have a good time. I would like planners in New Zealand. Now that as a way of assisting in retaining and to thank all involved for giving their we have signed this agreement we expanding membership of the IPI but time and support to young planners hope it will be easier for us to pursue most importantly actually meeting and particularly the YPN Committee. similar agreements with the Australian and talking to our members. One of Whilst not a formal branch the YPN and possibly the Canadian Planning the main themes which emerged out is vitally important to the future of Institutes. of the roadshow was the need for the IPI as this is the future of our strong branches so that services can profession. The purpose of this network The Institute itself is attempting to be delivered locally to members. is to allow our younger members from assist young planners through our all sectors and employment areas own internship programme. We The branch structure has been to come together to deal with and commenced this in March 2011 when Planning Issues, Volume 1, No. 3, Autumn 2011 4
  • 5. President’s Column we employed our first planning intern. IPI is in a continuing dialogue with voice in seeking to achieve this. When The purpose of the internship is to members to ensure we make available the preliminary Census 2011 results provide some planning experience to the necessary CPD opportunities and were published the Irish Times carried a recent graduate by working with the that tangible benefits accrue to our a short interview with me where I IPI on a part-time basis. We intend members and their employers. stressed that very point in the context to continue this for the foreseeable of the population growth that has future and we have received positive For the year ahead we plan to taken place, particularly that in the feedback from many members in this maintain a comprehensive range of GDA. Given the type of development regard. member services including CPD events that took place during the Celtic Tiger and our flagship National & Autumn years it is essential that long term At a European level the IPI has always Conferences - the Autumn Conference strategic regional planning is taken been a strong supporter and member has just taken place on 21st October seriously so that we set out how we organisation of the European Council based around the very topical and want the country to develop in the of Town Planners (ECTP), and there often complex theme of Appropriate next 15 to 20 years. We are continuing is great respect for the IPI amongst Assessment. I was pleased to see so to engage with Minister Penrose and ECTP member organisations. This has many of you at the event. We are his advisers in relation to planning culminated in two recent successes, conscious that costs of attending matters. Whilst the economic climate Henk van der Kamp has been elected events should not be prohibitive and is not favourable, it is apparent that to the Executive Committee of the ECTP in that regard we continue to support good planning is very high on the and Philip Jones has been selected to branch events so that CPD can be Minister’s agenda and he is keen to be a judge for the European Planning delivered locally at a low cost. Whilst continue to engage with the Institute. Awards, you may remember this event we do try to keep national conference was held in Dublin Castle in 2008. fees at an affordable level we do In order to achieve the objectives I will be representing the IPI at the have to balance that with ensuring of the Institute, a strong IPI Council upcoming ECTP Autumn Assembly to the Institute raises enough income to is essential. As President I am very be held in Paris in early November. fund our running costs so that we fortunate that the majority of outgoing can deliver the type and quality of council members have remained on The real value of the Institute is services which are expected. Council, thereby providing for good ensuring that as a profession we continuity from the previous year. have a strong collective voice in Looking externally, the Institute The full IPI Council for the year and promoting best practice in Irish exists of course not only to serve assigned roles are detailed on the Planning. It is important therefore its membership but also to give website. that we maintain and expand our strong leadership on matters relating membership to give us that voice to planning and development in I want to remind members that whilst and this will be a priority in the year Ireland. We are a ‘planning’ Institute we on the IPI Council have made the ahead. We are aware that there are rather than a ‘planners’ Institute. We choice to serve on Council and are many planners who are not members therefore recognise and are willing to committed to developing the Institute, of any professional planning institute engage positively with the many other we can only achieve so much on our which is somewhat disappointing stakeholders in the planning arena own as we all have work and personal in terms of the development of the and will continue to do this on your commitments. The IPI has over 700 planning profession in Ireland. We are behalf. I feel that a key message from members many of whom have a wide also aware that a number of local the previous president needs to be range of skills and experience. Whilst authorities and other public sector reiterated to allay any fears that the you may not wish to be involved in bodies are prepared to reimburse Institute is not standing up for the Council or Committees there are many membership fees for IPI membership planning profession. We will continue areas where council would benefit as part of PMDS in the public sector. to advocate that there can be no from your skills and experience (e.g. Whilst there are a number of public ‘stepping down’ of the planning system IT, conferences, local branch, CPD, and private sector organisations who - as advocated by some others outside research, etc.). I wish to appeal to have being doing this for years, I would the planning system - just because members to assist the IPI in whatever particularly like to commend Meath the ‘Celtic Tiger’ years are gone. To way they can in the coming year so County Council who wrote to the IPI do so would miss the very point of that we can continue the momentum stating that they have recently set up what a good planning system seeks which has been apparent over the an initiative where they will reimburse to achieve. It is important that we past few years. subscriptions to the IPI where the staff have a well structured and resourced member undertakes 5 days of CPD planning framework that can play its There are a number of specific per year. This ties in very well with important part in ensuring a good initiatives I would like to bring to your the establishment of the North East quality of life for our citizens into attention: Branch whereby CPD can be delivered the future. This Institute will continue locally as well as nationally. The to be a balanced and constructive 5 Planning Issues, Volume 1, No. 3, Autumn 2011
  • 6. President’s Column Continuing Professional Development The IPI introduced a voluntary CPD system at our 2009 AGM. We consider this to be a very important first step towards the development of the planning profession in a similar manner to other professions. There are various ways in which the necessary CPD points can be achieved and we hope that members will support this initiative. Autumn Planning Conference 2011 We held a very successful autumn conference on 21st October 2011 in the Gibson Hotel in the Dublin Docklands. It was a great new venue which we will no doubt return to in future. The theme of the conference was based around the subject of SEA and AA. This is an area that is constantly evolving due to the many demands being placed on the planning system by the conveyor belt of European Directives and case law. Many Conor Skehan (Chairman of the Peatlands Council / Lecturer at the DIT School of Spatial Planning) suggests practitioners shared their experience a practical approach to Appropriate Assessment for Planners at the 2011 IPI Autumn Conference of how AA and SEA is currently carried out and what will be required Dinner in the Clarence Hotel is set format and content for 2012. Please of us in future. Conor Skehan in his to continue this year with the dinner email info@irishplanninginstitute. presentation took us into the future scheduled for 11th November 2011. ie with any suggestions or papers by suggesting that with all the current I would hope to welcome as many that you may have in mind. and emerging legislation (landscape, members as possible to this event. ecology, flooding, water catchments, London Field Trip 2012 etc.) the country side could be tied National Planning Awards 2012 It is hoped to organise a trip to London up in red tape and bureaucracy for Many of you will be aware of the in early 2012 based around visiting years, whilst Peter Carvill from NPWS National Planning Awards and indeed the Olympic facilities. Whilst this is in informed the delegates that based on some of you may have submitted its early stages of planning we would current legislation, farmers could even entries. The awards have been welcome expressions of interest from need permits to plant certain types of revamped this year with awards members so that we can have some crops or to keep certain types of pets! across a wide variety of categories. ideas of numbers. We would of course On a positive note, Conor encouraged Judging of entries will take place over like to invite any members working planners to rise and meet the various the coming months with an awards on the UK to participate in the trip. environmental and developmental ceremony to be held on February The above is only an indication of the main challenges and to grasp the 2012. I am delighted to see that we events proposed for the coming year. opportunity by preparing “integrating have a record number of entries this rural strategies” to deal and plan for year which shows the interest and Whilst it is not always apparent to sustainable rural development, whilst enthusiasm for good planning in Ireland. members, there is a huge level of still meeting all environmental and activity going on in the IPI and you legal requirements. As Conor pointed National Planning Conference 2012 can follow what we do on Facebook our, planners are uniquely skilled to Initial plans have commenced in and on the website (which we hope to do this. I intend to take the messages organising our annual National upgrade in the coming months). I look arising from this conference and raise Planning Conference in Kilkenny in forward to continuing what has so far them with the relevant ministers so April 2012. Last year’s conference been a busy and interesting year as that planners are seen as the problem was well supported and we varied the IPI President and meeting as many solvers rather than portrayed as format by introducing parallel streams of you as possible at various events. the problem, as is often the case. as well as a discussion forum. We have had positive feedback in this regard. Annual Dinner 2011 The Institute would like to invite any Brendan Allen, MIPI The tradition of holding the Annual comments our suggestions on the President, Irish Planning Institute Planning Issues, Volume 1, No. 3, Autumn 2011 6
  • 7. Analysis of adoption. A Facebook or Twitter top-down developer (NAMA). There will have risen and perhaps fallen over is not enough regulatory, creative or the course of a plan’s life (remember fiscal space for innovative communities Bebo?). So, what are we doing now to prosper. E. F. Schumacher’s “Small ... about now? How do we encourage Is Beautiful” has never been so investment, innovation, improvements, relevant. autonomy and the economy? What is our role? Manage the Town as a Priority There needs to be a mental shift Proactive Leadership & Governance from ‘development management’ Councils have a responsibility to set to ‘town management’. If it is the the tone for planning and development: vision of a local authority to make the strategic messages that affect a town better (encouraging vitality, every action of the institution. viability etc) then it has to do things However, most corporate thinking is to make it happen. This may include at least twenty years out of date. Ring Town Centre Partnerships, Business roads are still cited as a regeneration Improvement Districts, share capital, RICHARD HAMILTON, MIPI investment. An organisation doesn’t Local Development Vehicles etc, become ‘smart’ by giving a new label extraordinary temporal rate increases, Things Planning Should to the things it does and always has rate relief, incentive based contribution Do done. schemes, or just shaking-up budgets to redirect expenditure. Current media reference to planning What County Manager has come out is only able to comprehend that the and said they want to have the most There is plenty of space in towns. be-and-end-all of planning is zoning. cycle lanes per person in the EU in their But it needs to be made into the right But do we have any other ideas as town, or that they want to dedicate kind of space for leisure, education, planners? Some food for thought: their town centres to space for people retail and residential requirements. or promote independent shops? The This requires effort. Planners need to Plan for the Present point is that innovation is not always be responsible for this, to know what ‘Now is the time to plan for the future’ about IT start-ups, iconic architecture the town needs, and how it can be is a well-worn mantra trotted out by or vision statements. But it always delivered. the development professions over good and proactive governance, and the last number of years. It brings strong partnerships: Make towns more attractive than to mind a memorable presentation suburbs/rural living by David Engwicht at Cultivate’s “....for great things to happen People must want to live in towns; Convergence festival in June 2010. He people have to learn to help each unloved & dismantled by modernist satirically noted ‘…how fortunate for other. The stereotype of the selfish planning, architecture and engineering. these experts to have such foresight, backstabbing ‘Apprentice’ does not Thirty years of neglect and and know what lies ahead!’ thrive in an enterprising community mismanagement1 provide an exit-pass – though they may do well in The to retail, housing and businesses. The property phenomenon, that any City. Successful citizens in the We need to reassemble the town, action now constitutes a ‘fire-sale’ in enterprising community learn to and fundamental to that is to keep lieu of a better future, is symptomatic of associate, collaborate, cooperate people living there, and re-populating grand self-delusion. We face systemic and mutualise. To find those with the centres. For this to happen, the and profound changes in land use whom there is a common cause. centre has to be made more attractive that are possibly beyond economic And they understand that giving and present better opportunities recession. Is the only response to help to others is as important as than the suburban equivalent. The be more crisis management, or wait getting help themselves. The have grass verge in most housing estates for the next phase of the boom and the “Go-Giver” mindset and they is more attractive than most urban bust? express it through their actions. streets. We need to provide plots at They live it.” cheap prices and encourage self-build What development plan faces the projects with proactive design codes. challenges of the next one to five Towards the Enterprising Have we got the right tools for this years, not the next twenty? Indeed, Community, 20 May 2011 (http:// urban acupuncture [Jamie Lerner]? how can it? These increasingly localenterprise.wordpress.com/) monolithic documents are conceived in red tape, where any life support for We have a top-down hierarchical innovation or creativity, is sucked out governance structure. This problem in the course of the arduous process is exacerbated by having a centralised 7 Planning Issues, Volume 1, No. 3, Autumn 2011
  • 8. Analysis Sustainable urbanism must be at the the town centre; the regeneration of money back with a predictable return. heart of urban renewal, adaption and failed suburbs expected to help failed So what is to stop local authorities innovation. Planners (and landlords) centres. We know it doesn’t work or communities progressing water or need to work hard to facilitate renewal, that way. energy utilities that they can invest and make it less complex (financially, Don’t plan to solve traffic congestion in through bonds or shares? There legally and physically). Cities and towns have a limited are examples of successful projects amount of space for which we compete such as Hørshom Waste to Energy in Plant street trees (pedestrians, cafes, vendors, buses, Denmark and Fintry Development Trust This is so important and fundamental bikes). People want to be able to (Public Private Energy Trust) Scotland to successful urban places, that it drive their car from beside their bed (windfarm). Communities and local shouldn’t need to be mentioned. Street to their desk (paraphrasing Manuel authorities should be able to make trees are easy and cheap to achieve Díez-Garrido,). Traffic congestion is money on infrastructure development and can have a transformative effect a symptom of this competition. Road and save costs on bills - after it’s on places. They are more beautiful engineers have done great damage built. and cheaper than street furniture and attempting to solve it. So priorities hard landscaping. have to be set for that ‘space’ which Planners are good at doing things exists between buildings – the street. outside the box, leading innovative Only set objectives in a plan that We should expand the network of thinking and proactive initiatives. can be followed by direct action streets, and reduce the blockages (L. The planning system needs to be It’s time to scrap the MBA style vision Krier) so that everyone can benefit structured to support this economic statement. The core objective of a from the investment, and public role we play. plan should be clearly understood, streets created. and achievable through a set of direct Richard Hamilton, MIPI actions or measures. Development Infrastructure Plans that have achieved social My bills from ‘Panda’ suggest my Richard Hamilton MIPI is the Principal isolation, segregated land uses, car- wheelie bins are being collected by of Urb Planning based in Dublin www. based movement, strip malls and cul- barristers. But who would have thought urb.ie This article is based on a de-sacs, should at least be honest fifteen years ago this could be huge series of ideas published on his ‘Life and admit this was their goal all- business? Isn’t it time to examine after Roundabouts’ Blog between 15th along. Improvements are expected to how utilities can be used to reduce and 28th June, 2010. happen by osmosis. A new shopping people’s bills, and release more cash centre (anywhere) is expected to into the economy? Utilities provide Notes improve everything else around it; a reliable return on investment over 1 Town Centres-Best Practice, FSP suburban populations to support time... because you can get your Retail Blog, 24 June 2011. “Perfect Sense” - A Review I was struck by the plot of a the collapse of our fiscal institutions a lack of purpose; and in general a recently reviewed movie, “Perfect in Ireland. The movie plot seems to time of rising concern about the loss Sense”, starring Ewan McGregor. capture the panic and the mood of of confidence and direction. It was McGregor plays a central role at the country as we individually and very hard to know how to promote the heart of an unfolding pandemic collectively rationalized the demise the repair of historic buildings without concerning the loss of human senses, of our economy and our society. In funding to support best conservation the first symptoms are identified as particular, how a dramatic chain of practice, or to cultivate seed projects the out pouring of grief and as the events impacted and affected the when funding had disappeared. The disease progresses it cause sufferers lives of those dependent on the main streets of our towns and cities to lose their sense of smell, taste vagaries of the building sector and, witnessed the downturn in a very real and eventually hearing, leading to the within that industry, the niche area of way with many sites becoming vacant gradual breakdown of society….where’s conservation. and derelict as owners literally turned this going you may wonder. their backs on their old buildings and Describing working as a Conservation overlooked their continual maintenance It occurred to me that the makers Architect/Officer over the last few as being integral to the vitality of the of the movie had managed to reflect years may best be summed up as a community. in a way the inertia (call it what you time of vanishing once-viable projects; may) that we have all experienced of lost funding, opportunities and Back to the pandemic: how did as we wrestled with the enormity of expertise; of uncertainty coloured with our hero respond to the challenge? Planning Issues, Volume 1, No. 3, Autumn 2011 8
  • 9. Analysis McGregor, a chef who is faced with The decision by central government promotional job to be done in this financial ruin and the loss of his to review the Planning & Development area and the justification for it is very business, decides that as people have Act 2000 provides an opportunity to clear as it aligns our endeavours with lost their senses, as they can’t see, review the hugely positive contribution our EU partners who have devised the hear, taste or smell the food in his that the legislative framework has current funding programme to address restaurant, he decides to reinvent made to supporting cultural heritage the neglect of historic cities as the the menu and offer an alternative and hopefully it retains the really key fabric /infrastructure to sustain approach. McGregor sees the light positive aspects of the legislation, future communities. I encourage you and develops a new repertoire of such as the important guidance of the to go online and to find the Hero dishes that give a satisfying ‘crunch’ architectural heritage guidelines on programme and to fix your eyes on as the key culinary experience to win protected structures, while taking the the horizon and work for a brighter the support of his customers. opportunity to finely hone areas of the future. legislation that weren’t achieved. The Here’s my take on the moral of the limited appointment of Conservation Nicki Matthews story. Whilst we (in the various roles Officers to Local Authorities has we play in Planning and Development) greatly reduced the impact of the Nicki Matthews is an architect and continue to strive to move forward implementation of national policy conservation officer with Dublin City together we will identify opportunities and the coherence in approach to Council. This article has been written and strengths that add to our capacity informing planning is essential to in a personal capacity. to re-build and to re-imagine a future improving the quality of our built for our country. This is not a time for environment. The employment of more professionals to stay in the comfort Conservation Officers (even under the of their respective remits. We need to current public service embargo) is be forging new alliances, identifying justified on the amount of EU funding new opportunities and actively offering currently available for historic towns solutions to inform the on-going and cities. This is a strong signal process of re-building confidence in from the EU and the Hero programme our historic towns and cities. We need is the only immediate hope for the new planning tools and measures future repair of historic buildings to deal with dereliction and wasting and a much needed stimulus for the assets and mechanisms to inform reviving the crippled building sector. best practice of heritage buildings that With EU funding come ideas derived have been left stranded and isolated from internal best practice and in large property portfolios now under management, which encourage and control of NAMA. promote multi-disciplinary teams and the development of ethical framework It is timely that the sections of the or plans in which to coordinate our Act regarded as more draconian at efforts. All welcome experience in my the time of its introduction in 2000, opinion to address a broken planning and which were considered in general system. to be too onerous to implement, are now reviewed with regard to In tandem with the review of the the management of wasting heritage legislative framework, it would be assets and derelict sites. It is simply hugely beneficial to address the no longer reasonable to place the positive contribution that heritage financial burden on local authorities projects have made to society and to take on the role of CPO/acquiring to demonstrate best conservation Suggested Links properties or to finance property practice of regeneration/sustainable regeneration when all sources of re-use of built heritage assets. There Project Hero heritage funding have been removed. are some real success stories, which http://www.ovpm.org/en/news/ Other European cities have placed the could be used to inform other heritage_opportunity_eu_project_ responsibility on the owners of the communities. Heritage is no longer hero_presented_its_new_approach_ properties and levied derelict sites/ the frilly add-on option or a marginal management_historic_cities under-performing buildings, which activity followed by a few converted detract and undermine other property zealots. Europe regards conservation/ Perfect Sense owners. regeneration as a mainstream activity http://www.tntmagazine.com/ at the heart of sustainable living, tnt-today/archive/2011/10/04/ Here are a few final thoughts to healthy communities and vibrant film-review-perfect-sense. ponder and where light may be shed. cultural cities. There is a significant aspx#ixzz1aXgAwMG 9 Planning Issues, Volume 1, No. 3, Autumn 2011
  • 10. Analysis increased the level of employment Spatial Strategy (NSS) was produced and wages commanded and so the in 2002. The document identified multiplier effect kicked in and the Gateways and Hubs to accommodate Celtic Tiger took off. balanced regional growth, up to 2020. However, the document was politically On entering the single currency, watered down and the relationship interest rates were dramatically to capital investment was not tight reduced and suddenly developers enough; thus it could not deliver on found that banks had a lot of cheap much of its strategic focus. In terms money available, so borrowing large of its implementation, the strategy amounts became the norm and was largely ignored, even by Central construction intensified. In turn those Government when implementing its buying properties were encouraged to decentralisation plans and introducing borrow larger amounts of money and property tax incentives. as the price gap widened, the amounts and percentage borrowed increased At a local plan making level, mere and construction started to drift into ‘regard’ was given to national and ALICE CHARLES, MIPI the more ‘affordable’ rural hinterland. regional policy and often despite the This movement was compounded by best advice of Planners, Councillors Irish Property Market the comparative ease (in time and and management succumbed to Collapse: the Cause, processing) of developing on new pressure from developers and vested development land in the hinterland interests, who exerted undue influence the Legacy, NAMA and areas of major centres, as against the on plan making. As a result, bad zoning the Role of Planning greater complexity of delivering urban decisions were made, which led to an redevelopment in brownfield locations. abundance of zoned land, often in the Whilst the current Irish property wrong location and lacking services. market collapse is by no means When the pace of the Celtic Tiger unique, the extent of the collapse is started to slow, the Government When developers were contemplating arguably greater than that experienced responded by introducing property tax the purchase of land or property, they internationally. This is essentially incentives to prop up the construction had little regard for statutory Plans a result of poor governance of industry. This resulted in areas like and similarly bankers often ignored the planning system, property tax the Upper Shannon being littered planning parameters when making incentives and lax regulation, in with Section 23 properties. Whilst decisions on lending. In developers the preceding decade. The legacy many may have quietly questioned haste to make profit on their hefty is a plethora of unfinished estates, the sustainability of such practices, investments, good design often fell zombie hotels and golf courses and few voiced their concerns and when by the wayside. As a result, Planning an abundance of zoned land. NAMA they did they were shot down by Authorities were increasingly faced is but one mechanism that has been Government and the mass media who with determining planning applications employed to deal with the banking promoted property as a sure bet. for intensive development of a poor and corresponding property market However, the Celtic Tiger came to a design quality and with limited collapse. In this article, Alice Charles grinding halt in 2008, with the onset social and community infrastructure. explores the cause, the legacy, and of the global financial crisis and in Whilst Planners often rejected such the role of planning and of NAMA in particular the level of exposure of our applications, in some cases they seeking a solution. banks to land and property loans. were granted. Too often it was left to An Bord Pleanala to interpret What happened? Where was planning? the Development Plan correctly and The roots of the Celtic Tiger can be Many would rightly ask, where was refuse such development; that’s if the traced back to the early 1990’s, when planning during the Celtic Tiger and application was appealed to the Board. Ireland started benefitting directly from whilst we may find it difficult to prosperity resulting from the influx accept, we must acknowledge that Not only should the planning profession of multinational companies. Ireland the planning system failed. This may have been more vocal in outlining its became the destination of choice for be attributed more to the politics of concerns but the planning system multinationals, due to the workforce’s planning than the actual profession, should have acted as a counter balance educational attainment relative to but the system nonetheless failed. to the development frenzy. Planning other English speaking countries. This Despite a strong legislative base, should have controlled the level and resulted in a dramatic increase in the governance of Planning in Ireland location of development in the interests employment and as employment grew historically lacked joined up thinking of the common good and proper so too did the demand for houses. and often pandered to political and planning and sustainable development. The construction industry responded local interests. In an attempt to by increasing output and in so doing overcome this problem, the National Planning Issues, Volume 1, No. 3, Autumn 2011 10
  • 11. Analysis The legacy NAMA is an asset management approval or rejection. If plans are Our downfall has been well company that acquires good and approved the bank will work with the documented by the global media bad loans at market value from the developer towards the implementation and it has unfortunately led to the Irish banking institutions. NAMA has of the Plan, but if rejected then the appearance of new phenomena, such acquired more than 11,500 property- bank can appoint receivers and seek as the ‘unfinished/ghost estate’ and related loans from the Irish banking to realise whatever value they can for the ‘zombie’ hotel. The legacy of the institutions involving 850 debtors, the asset. It is also worth noting that Celtic Tiger is not only a collapsed 16,000 properties and loan balances land and property assets managed economy and development sector, but of €72.3 billion. The loan book will by foreign banks often sit alongside a surplus of partially completed or shortly increase to €74.2 billion after NAMA assets and it may be in the completed developments, comprising the residual tranche of loans are public interest for both parties to 2846 unfinished estates, zombie hotels removed from the bank’s balance work together to realise best value and golf courses, with a excess of sheets. 60% of the loans are secured for the asset. 15,000 bed spaces, struggling private by commercial or residential property hospitals, vacant commercial property and 40% by undeveloped land or by NAMA and Planning: The Legislation and derelict historic properties. properties under development. 60% of NAMA is a commercial entity that the loans are in Ireland; nearly 30% is focused on the recovery for the In addition, there is an abundance are in the UK, whilst the remainder taxpayer of what it has paid for the of zoned land, some of which has are in the wider world. The objective acquisition of the assets plus any permitted proposed development, set under Section 10 of the NAMA Act additional project funding, working along with considerable amounts of 2009, is to obtain so far as possible capital and other costs. Whilst this may unzoned land on which imprudent the best achievable financial return appear contrary to the basic premise of lending was made. There is more for the State having regard to the planning for the ‘common good’, when than 41,000 hectares of land zoned amount paid, plus whatever additional the legislation is scrutinised, planning for development, yet the Regional working or development capital costs actually plays a significant role in Authority Housing Land Requirement, for the acquired bank assets. NAMA’s performance of its duties. sets out an estimate of need to 2016 of at most some 12,450 hectares. When the loans are acquired by This is demonstrated in various sections (The current process of Core Strategy NAMA, it requests debtors to submit a of the National Asset Management Act adoption and subsequent variation/ detailed 3-year business plan within 30 2009 (NAMA Act), but specifically in review of development plans and days of acquisition. Business Plans are Sections 2, 11 and 12. Section 2 of local area plans will bring the then reviewed and NAMA determines the NAMA Act explicitly states that short term zoned land bank down whether these plans are viable and one of the purposes of the Act is ‘to towards the lower figure.) As our will either approve them, reject them contribute to the social and economic infrastructure was not upgraded in or refer them back to the respective development of the State’. Section tandem with development, we have a borrower for amendment. Where plans 11 of the NAMA Act indicates that huge physical, social and recreational are approved, NAMA will monitor the in exercising its ‘functions NAMA shall infrastructure deficit, with investment debtors’ subsequent performance to have regard to the need to avoid critically needed in water, wastewater, ensure they adhere to the targets undue concentrations or distortions public transport, education and health contained in the approved business in the market for development land’. to meet the needs of the existing and plans in relation to the agreed debt Section 12 refers to the powers of future population. repayment/disposal strategy. Where NAMA and it explicitly states that business plans are rejected and NAMA has the power to ‘make any The solution borrowers are considered to be no planning application in relation to The National Asset Management Agency longer viable, enforcement is pursued land, and intervene in any planning (NAMA) was established in 2009, as a against the debtor and receivers application made by another person’ key part of the solution to the Irish working on behalf of the organisation and ‘make any application to develop banking crisis. NAMA operates under offer the land and property for sale. minerals on land’, and ‘undertake the confines of the NAMA Act 2009, development for the purpose of and is a mechanism to deal with the It must be acknowledged that the realising the full value of any asset’, riskiest land and development loans Foreign Banks also have mechanisms in and in exercising its powers ‘NAMA on banks’ balance sheets. These loans place to manage land and development shall have regard to proper planning stopped banks from lending into the loans. The model is somewhat similar and sustainable development as economy, thus preventing economic to that of NAMA, with many forming expressed in Government policy and recovery. NAMA involves the removal global restructuring teams to manage in any relevant regional planning of land, development and associated major corporate clients in financial guidelines (within the meaning of the loans off the bank’s balance sheets and distress. The principal aim of the banks Planning and Development Act 2000) their acquisition by NAMA, for which is to maximise debt recovery and in and development plan...’. Section 148 NAMA has to date, paid the banks so doing, they require borrowers to and Schedule 1 of the NAMA Act also €30.5 billion in redeemable securities. prepare revised Business Plans for provides Statutory Receivers with similar 11 Planning Issues, Volume 1, No. 3, Autumn 2011
  • 12. Analysis powers to that of NAMA indicating sought and received written Discussions have taken place with that they have the power ‘to apply for submissions from selected prescribed DoECLG, ABP and the CCMA on issues and maintain any planning permission, organisations listed in the Planning and which have an impact on NAMA’s building regulation approval or any Development Regulations, including the work including the extent of over- other authorisation’. In addition, the Irish Planning Institute who submitted zoning, housing densities, unfinished NAMA Act refers to the need to give a comprehensive response. The housing developments (both houses consideration to planning in relation submissions spanned a wide range of and apartments), infrastructural to the valuation and acquisition of views covering proper planning and development, special problems assets from the banking institutions in sustainable development generally, as associated with hotels and golf courses, various Sections of the Act. well as the specific issues such as development contributions, bonds and housing policy, public transport, key the new planning legislation. NAMA Planning Advisory Committee infrastructure, amenity and community and its workings facilities, provision of sites for public The Committee guided NAMA’s Section 33 of the NAMA Act 2009 purposes, economic and social participation on the Expert Advisory provides that the NAMA Board may development objectives, planning Group on Unfinished Housing establish advisory committees and legislation and processes and long- Developments which was established two have been set up to date: the term public interest. As advised by the to advise the Ministers of State for Planning Advisory Committee (PAC) Committee, the Board has had regard to Housing and Planning on actions and the Northern Ireland Advisory these submissions in the development to ensure the effective management Committee. of NAMA’s strategies and policies. of these developments. The Group’s report was published by the Minister The Planning Advisory Committee is The Committee had discussions with for Housing in June 2011. That report comprised of the following people: a number of Government Departments identified 2,846 unfinished estates • William Soffe (Chairman, Board and with other organisations in and it categorised them by reference Member) relation to planning and development to the extent to which they required • Brendan McDonagh (Chief matters of mutual interest. These remediation. The report identified 225 Executive, NAMA and Board bodies included the Department of Category 4 estates, which are deemed member) Environment, Community and Local to require immediate remedial attention. • Michael Connolly (Board Member) Government (DoECLG), the Department NAMA debtors have loans with an • John Mulcahy (Head of Portfolio of Education and Skills (DoES), An exposure to 31 of those Category Management) Bord Pleanála (ABP), the Health 4 estates. NAMA is undertaking an • Michael Wall (External Member) Service Executive (HSE), the Housing analysis of the estates with a view • Alice Charles (External Member) and Sustainable Communities Agency to developing site resolution plans, (HSCA) and the County and City which will address the most pressing The purpose of the Planning Advisory Managers’ Association (CCMA). The matters that require resolution and Committee is to provide strategic following are some of the issues which has committed to investing €3 million advice and recommendations to the have been covered in these discussions to fund urgent construction works. Board on planning, land and related and which have been the subject of matters that may exert an influence the Committee’s advice to the Board: NAMA has proactively engaged with on the valuation and realisation of both the DoES and the HSE and development potential of NAMA assets Recognising the pressing need for a other State bodies in relation to their and thereby affect the achievement of national planning information system, possible need for land and property NAMA’s purpose and functions. the DoECLG (with the support of other for schools and health care facilities, interested organisations, including etc. A number of locations have been To date the Committee has had two NAMA) plans to establish, by the end identified for further consideration by priorities: of 2011, an internet browser-based State bodies. There are also ongoing GIS planning information system, discussions with the HSCA about 1. To consult widely with other incorporating national planning spatial their interest in land and properties interested parties so as to data including zoning, unfinished (mainly in urban areas) for social and develop an understanding of housing developments, housing land affordable housing and rent and leasing their perspective on a number of availability and developing areas. The schemes. In this regard a member of key issues and, thereby, in turn, Committee has worked closely with staff has been seconded from the inform the NAMA Board’s policies the Department in terms of NAMA’s Housing and Sustainable Communities and strategies. contribution to the system. On Agency (HSCA) to review the residential 2. To enter into discussions with completion of the exercise NAMA will units managed by the organisation, to Government bodies and with other supplement the GIS planning information establish if any of the assets may parties, so as to determine how system with information pertaining be suitable for the provision of social best to align NAMA’s role with to its assets, to inform a strategic and affordable housing. In accordance other public policy objectives. review of the positioning if its assets. with the Board’s direction, such land/ On its establishment, the Committee properties will be offered at NAMA’s Planning Issues, Volume 1, No. 3, Autumn 2011 12
  • 13. Analysis minimum reserve price (independently analysis of the strategic strengths viable i.e. student accommodation, appraised) to such State Departments and weaknesses of assets in relation nursing homes, private hospitals, or bodies for four weeks, subject to a to location, zoning, planning history, social and affordable housing, etc. definite decision, contract and closing servicing, transportation linkages, site Commercial Property: As the Irish period of up to 90 days, prior to designations, development/energy / economy regains momentum over open market offering. agricultural potential. Assets that are the coming years and as investor located in major centres of population confidence grows, demand for Finally, the committee actively sought are likely to offer the most potential for commercial property will improve. and inputted into the process of development in the short to medium There is, of course, overcapacity in recruiting a full time Planner for term and are likely to be prioritised. all commercial sectors at the moment the organisation. The organisation but there are significant sectoral has now recruited Chris McGarry, Use of Unfinished Estates: Whilst the and regional variations. For instance, who has more than 20 years town organisations immediate priority is to vacancy rates for city centre office planning experience. He commenced ensure that the estates that present space in Dublin are falling and with no employment with NAMA in September a health and safety hazard are completions expected in the short term 2011 and is already hard at work remediated, the organisation is also and evidence of strong demand from both providing the organisation actively looking at future uses for technology companies and from new with planning advice in relation to surplus stock. On completion of the multinational companies, the outlook specific assets, but also putting the HSCA staff member’s spatial analysis for this sector is quite positive. On processes in place to ensure that the of the unfinished assets managed by the other hand, a pick-up in activity organisation plans strategically for the NAMA, it is hoped that the Department in the retail and industrial sectors collective use of its assets nationally will have a clear view of the assets is heavily dependent on a general and internationally. Chris has also that offer potential for the previous resurgence of economic activity. been charged with commencing active of social and affordable housing and engagement with Planning Authorities, the organisation will happily offload Undeveloped land, future development in relation to assets within their its assets, at the price paid, to Local land and back to agriculture or forestry: local authority areas, having regard Authorities and social and affordable Undeveloped land accounts for 40% to proper planning and sustainable housing providers, within the confirms of NAMA loans. The most valuable of development principles and to NAMA’s of planning legislation and policy these loans is within, or close to, major commercial remit. guidance. In the interest of ensuring centres of population and will in time sustainable balanced communities and lend itself for development. However, Future planning consideration for indeed recouping taxpayer’s money, some land will not be developed and NAMA and State bodies NAMA is also exploring mechanisms will revert to agricultural use and with Whilst NAMA faces formidable for offering residential property to the the outlook for the agriculture sector challenges ahead, it presents an market. However, it is acknowledged much improved in the short to medium opportunity to facilitate a “plan led” that some assets will not readily term, there is likely to be solid demand rather than a “developer led” approach lend themselves for the purposes of for agricultural or forestry land. to future development in the State. social and affordable housing and are This will not only enable NAMA to unlikely to be taken up by the market. Develop Public Sector Land Register achieve best value for the taxpayer but In such cases solutions will need to / Vest Public Sector Land in the will be in the interest of the ‘common be employed on a site by site basis, Organisation: NAMA is likely to good’ and represent proper planning which will include retrofitting, exploring support the development of a public and sustainable development. In order alternative uses i.e. community, sector land register, which would to achieve such a goal, it requires sheltered accommodation, etc, and enable the State to strategically collective action from both NAMA and in some cases demolition, which may assess the potential of its assets. State Bodies. For NAMA’s part this require the relocation of residents This would allow for the preparation might include the following: from estates allocated for demolition of joint masterplans and ultimately to superior property. achieve best value for the taxpayer. Use GIS planning information system Alternatively the State may seek to to analysis and plan: Proper planning Hotels and Golf Courses: Where a vest or sell surplus public sector is built upon research, analysis and number of NAMA-funded hotels and lands to the organisation, where it planning. DoECLG in cooperation with golf courses are competing in a would be in the interests of the State. NAMA are hard at work developing a location where there is only potential GIS planning information system and for a single facility, NAMA will more Engagement with Non-Participating on completion later this year, this tool than likely have to make a decision Institutions: NAMA will need to will be used by NAMA. NAMA will based on the optimal commercial proactively engage with non- supplement this system with relevant outcome. Therefore NAMA will have participating institutions, in accordance planning data in relation to existing to actively consider alternative uses with the approved code of practice, in assets managed by the organisation for hotels and golf courses that are order to optimise returns on common and will then undertake a spatial considered to not be economically assets and debtors. NAMA also 13 Planning Issues, Volume 1, No. 3, Autumn 2011
  • 14. Analysis expects non-participating institutions consider asking Local Authorities the fundamental requirements of to operate in a reciprocal way taking to prepare Infrastructure Capacity proper planning and sustainable account of NAMA’s objectives. Assessments that identify the development will need to measure physical, social and recreational the cost and the benefits to society Use of CPO Powers: The NAMA Act needs of the existing and future of one-off housing. DoECLG and provides the organisation with CPO population and the cost of realising Local Authorities would be prudent powers which can be availed of. The these objectives. This would provide to promote the development of organisation may have to consider an equitable means of developing serviced sites in small villages and compulsorily purchasing land and costed development contribution towns and offer housing choice property to facilitate access to assets schemes and provide some degree and help to regenerate rural or where it is in the best interests of of certainty in relation to the settlements. It is recognised that realising the overall value of assets. cost of development and servicing some degree of need will exist DoECLG, Local Authorities and other development. for one-off housing, in serving State bodies may consider the following: the needs of the agriculture 4. Brownfield Land Policy community, but the intensity of 1. Revise and Focus the NSS It would be prudent for DoECLG to such unsustainable development around Five Key Cities promote a Brownfield Land Policy, cannot persist. Whilst NAMA is a State body which would not only promote the with no direct involvement in the development of urban Brownfield It should be emphasised that the drafting of legislation or guidance, land first, but would provide type of planning judgements, which it is likely to support any review guidance on the remediation, I suggest above, NAMA is likely to of the National Spatial Strategy by planning and servicing of such sites. make over the next short period, such DoECLG. The NSS not only needs as considering alternative uses to to prioritise development around 5. Support density a current non viable use, analysing the major centres of population, The promotion and achievement of the location of its assets, and thus but it needs to provide a strategic medium to high densities enables their immediate or future planning framework for the development the delivery of economically viable value, by reference to regional and of energy, waste and agriculture, infrastructure in tandem with development plan policy etc., are which will act as major drivers of development and prevents further those which will (or should) be made future growth. unnecessary urban sprawl onto by all participants in the planning and Greenfield sites. Therefore DoECLG development sector. In addition they 2. Urban Capacity Studies prepared is likely to support continued reflect the progression of Ministerial by Local Authorities when Plan- medium to high densities. Building guidance through to statutory planning making height is not necessary to deliver policy changes, in areas such as If DoECLG were to introduce Urban higher density development. This population targets, relationship of Capacity Studies, as part of the is evident in Georgian Dublin new development to infrastructure. local Plan making process, this where the highest densities of In short, NAMA will be operating would be of great use to NAMA. development are concentrated. within and availing of, the tightened This would provide the housing In order to achieve density, and improved context for planning. and employment capacity, empty consolidation must be the central homes and employment land theme of local Plan making. Conclusion and property strategy for a local The ultimate outcome of NAMA will authority area, which would be of 6. Discourage the continued not be known for many years to come, immense use in planning for the development frenzy of one off but if it is to be successful it’s vital future use of assets nationwide. houses that proper planning and sustainable The cost of providing all public development practices are at its core. 3. Infrastructure Capacity and private services together NAMA welcomes the engagement of Assessments prepared by with providing and maintaining the planning profession to date and Local Authorities, with linked infrastructure to dispersed one-off would welcome continued engagement Development Contributions rural housing is significantly more with DoECLG, regional and local Infrastructure development did expensive and inefficient than in a authorities and the wider profession. not keep pace with development, village, town or City. In addition, Alice Charles, MIPI during the boom and as a result with the surplus of housing stock there are huge infrastructure in villages, towns and cities, each Alice Charles, MIPI is Director of deficits, particularly in relation one-off house that is developed Alice Charles Planning and serves to water, waste water, transport, provides a further burden to the tax as an External Member of the NAMA education, health and recreation. payer, in that if such a development Planning Advisory Committee. This If this problem is to be not only didn’t take place, potentially an article has been provided with the resolved, but prevented in the asset managed by the State could kind permission of the National future, the DoECLG may have to be acquired. DoECLG in embracing Assets Management Agency. Planning Issues, Volume 1, No. 3, Autumn 2011 14
  • 15. Editorial - Making Use of the “Downtime” T he RIAI president Paul Keogh planning officer or the public due to addressed as part of this exercise. remarked in his inaugural their size and the time constraints of address a couple of years the process. Surely a more succinct The validation process is also a back that if any positives could be means of making these arguments major bone of contention and private taken from the recession and the should be considered? practice planners have long argued downturn in the development sector, for a more reasonable, fairer and it was that it provided architects with One idea would be to place the onus speedier system. The Department of time for “thought and redefinition of on the Planning Authority to make a the Environment has published revised direction”. This is also the case for greater degree of baseline information Development Management Guidelines planners and the planning profession. available upon which to make informed in an effort to address concerns about decisions. Retail Impact Statements the process but it remains the case Perhaps the “downtime” we are currently are a good example, where developers that validation is in the eye of the experiencing offers an opportunity to or their agents are required to technician. It can often seem that the consider more fundamental changes undertake health checks of town decision to invalidate is made without to our profession and to the planning centres or quantitative assessments an understanding of the practical process. After all, the refrain during of existing floorspace as part of the implications on the developer or his the boom years was that we were justification for their schemes. The agents. simply too busy to even consider situation can and has arisen where whether the processes we had put in there are multiple reports prepared by Finally, the move to standardise the place provided for an effective and different developers, all containing the planning process under the 2001 efficient planning service. same analysis. Surely this information Act has meant that some of the should be impartially amassed by the simpler applications for development The previous government made a planning authority and then made often fall victim to the excesses of number of significant changes to the available to developers or even the bureaucracy. A friend of mine planning regime at strategic level, discussed with them during the pre- recently asked for my assistance in mainly to ensure greater cohesion planning phase to determine whether making a planning application for a between the various layers of planning the proposed development is suitable new driveway entrance to his house in the country and also to enforce the or desirable. (no win no fee of course!). When I principle of evidence-based planning. told him that he needed to provide The new government promises further The expense of preparing a planning elevation plans to accompany his change. application was absorbed with little application and the need for notices debate during the boom years, at etc he looked at me in puzzlement. However the planning application least to planning authorities. However This led me to think that perhaps process itself, as a process which these costs now seem less justified a system of planning permits for many people are required to engage given our more straightened economic various types of development (such with at some point in their lives (and circumstances. Even during the boom, as driveways) could be devised which is supposed to encourage public handing over upwards of €1,000 to a which would offer a simpler process participation), remains opaque, overly- newspaper company to place an advert to would-be applicants, albeit with bureaucratic and overly complex, even seemed like an excessive imposition clearer guidance as to what type of to built environment professionals. on a developer. How must this appear development could take place. This to developers now? Erecting site also strikes me as good solution for The requirements for making an notices is also often an externalised commercial business such as shops application are a case in point. The cost, spawning its own mini-cottage where changes are proposed to multiple copies of expensive plans industry, while the length and detail shopfronts or signage. The current and the growing numbers of reports of notices seems to have increased arrangement of a standard planning expected with each application needs substantially over the years – consider application often appears so overly consideration. Providing comprehensive Chartered Land’s Dublin Central complex to the property owner that information and arguments for a development on O’Connell Street as in many cases the planning system development is obviously important to a case of site notices gone mad. is simply bypassed, and the changes the decision-making process, however Perhaps adopting the UK approach, are made regardless. Is this really the the increasingly voluminous impact where a simple site notice is erected best way that we can manage this statements prepared by planning by the planning authority themselves, process? Perhaps some “redefinition consultants and other specialists, would serve us better. It is known of direction” would prove worthwhile. which require a considerable amount that the Department is currently of work on the part of these revising the schedule of planning professionals to produce, are often fees: the additional costs associated unwieldy and inaccessible to the with the process should also be The Editor 15 Planning Issues, Volume 1, No. 3, Autumn 2011