Process for An Bord Pleanála appointments 'must change', says Taoiseach

Process for An Bord Pleanála appointments 'must change', says Taoiseach

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The process for appointing members of An Bord Pleanála must change, Taoiseach Micheál Martin said, as he admitted that the probes into the planning watchdog “worry” him.

Planning in Ireland was thrown into the spotlight when An Bord Pleanála’s deputy chairman Paul Hyde stepped back from his duties on May 9, on a “strictly without prejudice” basis after an independent investigation into his decision-making was established under the stewardship of senior counsel Remy Farrell.

Mr Farrell’s probe is expected to be delivered on Friday, July 29.

The investigation initially concerned itself with potential conflicts of interest within Mr Hyde’s decision-making, including one example of him granting planning permission for a house extension to his sister-in-law, overruling his own planning inspector in the process.

Mr Farrell’s probe is one of three currently in progress, including one internal to An Bord Pleanála itself, regarding decisions of Mr Hyde and the overall planning process in place.

It has since been expanded to include Mr Hyde’s decisions regarding telecommunications masts, after the Irish Examiner revealed he had overruled his own inspectors on 32 occasions out of 37 applications in granting permission within the past 20 months.

Mr Hyde has always denied any impropriety.

Mr Martin said the system must change for how members of the board are appointed, and that the investigations worry him.

“I am [worried],” he said. “I don’t like to see it, I am concerned about it yes. And there are investigations underway at the moment so I think there are lessons.

I think the process of recruitment into An Bord Pleanála at that level needs to be changed. 

I think the housing minister will come forward with ideas on that. But we await the outcome of the Remy Farrell review. I have no access to that and I don’t know what that contains.”

Asked if he was worried if the credibility of An Bord Pleanála had been damaged by the ongoing controversies, Mr Martin said he believes that faith in the watchdog can only be restored if those at the top are upfront about what has happened: 

I think there’s an obligation on An Bord Pleanála to be fully transparent on its own. Because that will go to the heart of its credibility. 

Mr Martin was adamant that overhauling the planning system was necessary, pointing to the ongoing review of the laws by Attorney General Paul Gallagher.

He said he hoped the review would speed up the planning process, particularly so young couples can build and buy more affordable homes quicker.

Mr Martin said his two years as Taoiseach have taught him “balance” must be found because “people want to examine every decision”, but he felt the balance was “kind of wrong at the moment”.

Meanwhile, the Irish Examiner can reveal that Mr Hyde left An Bord Pleanála without severance payment.

He resigned on July 8 amid the ongoing probes.

While his €144,000 per annum salary will be paid up to the date of his resignation, “there is no severance package”, a spokesperson for An Bord Pleanála confirmed.

Mr Hyde’s full pension entitlements under the board’s defined benefit scheme remain intact, though, the spokesperson confirmed, adding that those entitlements are based on his career-average pay.

Mr Hyde was appointed to the board in May 2014 by then housing minister Phil Hogan, and was elevated to the role of deputy chair in 2019 by Mr Hogan’s successor, Eoghan Murphy.

Between 2014 and 2017, Mr Hyde’s salary was €110,000, rising to €113,000 under pay restoration in 2017, and €119,000 in October 2018.

As deputy chair, his pay ranged from €136,000 in April 2019 to its final level of €144,000 set in February of this year, under the current public sector pay agreement.

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