An Bord Pleanála, the national planning body, has introduced a new code of conduct on conflicts of interests for its board members, planning inspectors and staff. For the first time the “immediate neighbourhood” or geographic area near to their home or other property interests is defined. Board members must recuse themselves from decisions affecting these areas. It also sets out clearly the range of family members and other individuals whose cases they cannot be involved in.
Following the conviction last week of the former deputy chair of the body, it is something of a stable door moment. Paul Hyde pleaded guilty to two counts of failing to declare his interests in a number of properties when an officer of the board. Hyde has been sentenced to two months in jail, which he is appealing.
But it is also a positive step towards restoring the board’s reputation and effectiveness which have been badly damaged and disrupted by the Hyde controversy and other issues including senior staff departures.
The number of planning cases handled by An Bord Pleanála has fallen by half in the year to March. Responsibility for sorting out the board rests with the Minister for Housing Darragh O’Brien.
Under his flagship piece of legislation, the Planning and Development Bill, which is due before the Oireachtas in September, An Bord Pleanála will continue in existence but will be renamed An Coimisiún Pleanála. However, its decision-making and governance structures will be separated.
The chairperson and board members – who currently carry out both roles – will be replaced by full-time planning commissioners working under a chief commissioner. They will be drawn from the current chairperson and board members.
A governing executive led by a chief executive will be put in place. This body will approve and review the “procedures” of the commission – including the code of conduct – but can only recommend changes.
It is a complicated relationship necessitated by the need for the planning process to be seen to be independent. The potential for a debilitating internal power struggle is obvious. How it works in practice is vital to the integrity of the planning system.
It is also vital to Ireland being able to meet its significant investment needs in the years ahead. Proposed housing developments have been stuck in the planning system and the courts for too long, partly due to a lack of resources in both the planning system and the courts. And the planning system also needs to be able to handle the complex web of decisions which will be needed as Ireland moves towards developing offshore wind energy, some of which will involve An Bord Pleanála. There is still much work to do.