Initial Presentation for Review Group 19 th August, 2015 Dr Mary - - PowerPoint PPT Presentation

Initial Presentation for Review Group

19th August, 2015 Dr Mary Kelly, Chairperson Loretta Lambkin, Chief Officer

Agenda

» About An Bord Pleanála » Decision Making Process » Planning Casework and Performance » Judicial Review » Organisation and Change » Concluding Remarks

Agenda

» About An Bord Pleanála » Decision Making Process » Planning Casework and Performance » Judicial Review » Organisation and Change » Concluding Remarks

About An Bord Pleanála

» Established 1976 as independent planning appeals body following controversies in 1960s and 1970s » Initially chaired by High Court Judge » Reconstituted in 1983 » Method of appointment of Board Members from panels introduced » Timelines for determining appeals introduced 1992 » Consolidation Act 2000 – additional functions for An Bord Pleanála » Strategic Infrastructure Act 2006 » Planning and Development (Amendment) Act 2010 » Further amendments 2011 and 2012

Background

About An Bord Pleanála

» Organisation with excellent reputation amongst the public and institutions » Prides itself on living its values » Independence and impartiality » Professionalism and integrity » Participation and transparency » Important to preserve independence and integrity » Important not to undermine An Bord Pleanála

Background

About An Bord Pleanála

Prescribed under Planning Acts

Determination of:

» Planning appeals under Planning and Development Acts » Compulsory acquisition of land by local authorities » Appeals under Water and Air Pollution Acts and Building Control Act » Section 5 Exempted Development Referrals » Strategic infrastructure development applications including Local Authority Projects » Strategic Development Zones

Additional functions

» Expanded functions under Planning and Development Acts » Regularisation of quarries and substitute consents » New role as competent authority for Projects of Common Interest and to take on foreshore consents

Mandate

About An Bord Pleanála

Structure

Chairperson

SAO FEM SAO Secretary SAO HR SAO Finance SAO ICT SEO

Drafting

SEO

FEM

SEO

ICT

SEO

ICT

SEO

ICT

SAO Internal Audit ADP Appeals SAO Appeals ADP Appeals ADP LAPS/ SIDS SAO LAPS/ SIDS

Board Members – 7 Ordinary Members

Deputy Chairperson Chief Officer

Director of Planning Director Corporate Affairs

SEO

Personnel

SEO

L&D

SEO

Finance

SPIs PIs SEO EOs AAs SEO SPIs PIs SEO EOs AAs SEO EOs AAs EOs AAs EOs AAs EOs AAs EOs AA EOs AAs EOs AAs

Appeals Division Strategic Infrastructure Division

ADP = Assist Director Planning SAO = Senior Administrative Officer SPI = Senior Planning Inspector SEO = Senior Executive Officer PI = Planning Inspector EO = Executive Officer AA = Administrative Assistant

PLANNING OPERATIONAL DIVISION CORPORATE AFFAIRS DIVISION

Agenda

» About An Bord Pleanála » Decision Making Process » Planning Casework and Performance » Judicial Review » Organisation and Change » Concluding Remarks

Decision Making Process

Life Cycle of a Case

18 Weeks

Processing Acknowledge appeal letters, validation and cross circulation of correspondence Inspectorate Case Review, Site Visit, option for Oral Hearing and report writing. Post Decision Public Access, Judicial Review, Complaints etc Board/Drafting Review report and case file, Board meeting and decision, Publish Order

150 case types - planning appeal process detailed below - cases generally follow similar process governed by varying business rules.

9 Weeks 5 Weeks 4 Weeks

Planning Appeals Strategic Infrastructure Referrals Quarries Other

Decision Making Process

Life Cycle of a Case

150 case types - planning appeal process detailed below - cases generally follow similar process governed by varying business rules.

» Up to now entirely paper based and largely manual » Depends on retention of corporate knowledge » No formal knowledge management system » No Geographic Information System

Processing Acknowledge appeal letters, validation and cross circulation of correspondence Inspectorate Case Review, Site Visit, option for Oral Hearing and report writing. Board/Drafting Review report and case file, Board meeting and decision, Publish Order

Decision Making Process

» Chairperson and nine Ordinary Board Members under Planning and Development Act (PDA) » Currently Chair plus eight » Chair appointed following public competition » Ordinary Members appointed by Minister following nominations from panels set out in PDA » Good mix of skills - 3 engineers, 2 architects, 2 planners, 1 barrister/planner

The Board

Decision Making Process

» Full time Board acts like a quasi-judicial tribunal » All appeals/cases must be determined by the Board » Board sits in divisions » Quorum generally 3 (2 in limited circumstances) » Designated Strategic Infrastructure Division of 5 members » Full Board used for complex cases » 10 Board sessions a week (6 per member with 4 allowed for preparation and drafting) The Board

Decision Making Process

» Inspector’s Report with Recommendations to Board » Draft Order attached and file allocated to individual Board member » Board member reviews and prepares file for presentation to Board » Amount of work varies depending on complexity » Planning history, Planning Authority report, EIA, AA, refusal reasons » Discussion and vote » Board member writes Direction and signs Order when drafted » Very simple files – 6 to 9 per meeting » Complex files may take several meetings and require further information and analysis

The Board

Decision Making Process

The Board

14.5 14.9 19.9 17.7 15.4 5 10 15 20 25 2010 2011 2012 2013 2014 % of cases disposed

Overturn Rates of Inspector Recommendations Under the Acts, the Board does not have to accept the Inspector’s Recommendation

» Where it does, it adopts the Inspector’s report » Where it does not, it must give reasons and considerations for not accepting » Developing jurisprudence in all areas of administrative law requiring fuller reasoning for decisions » Board does not accept Inspector’s recommendations in circa 15% of cases » Often a source of criticism from parties when Inspector has recommended in their favour and Board does not agree

Decision Making Process

The Board

5801 5090 3248 2326 1794 2253 1864 11 11 10 6 4* 9 9 2 4 6 8 10 12 1000 2000 3000 4000 5000 6000 7000 2008 2009 2010 2011 2012 2013 2014

• No. of Board Members & Cases Disposed

Cases Disposed of

• No. of Board Members

There is a correlation between the number of Board members and cases disposed.

Decision Making Process

Summary Points

» Maintaining our reputation » Capacity of the Board to cope with upturn » Ensuring continuity

Agenda

» About An Bord Pleanála » Decision Making Process » Planning Casework and Performance » Judicial Review » Organisation and Change » Concluding Remarks

Planning Casework and Performance

Workload – All Planning Cases

5308 5422 4562 4743 5261 5946 5930 6664 5571 3786 2850 2110 2227 1814¹ 1810 2431 2753 1426 1353 1503 2062 2364 2865 2635 1332 935 719 1152 718¹ 664 1000 2000 3000 4000 5000 6000 7000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

All Planning Cases : Intake and On Hands - 2000 to 2014

Intake of Cases Cases on Hand

» Approximately 7% of planning authority decisions are appealed each year to An Bord Pleanála and make up the bulk (over 80%) of our casework. » The number of planning cases received has dropped from Celtic Tiger years and remains static in line with conditions in economic environment. » In recent months, there has been an uplift in the number of planning appeals lodged which may be an indication of increased activity in the construction sector.

Planning Casework and Performance

Statutory Objective Period

» Provisions in the relevant Acts set down an objective to ensure appeals and other matters are determined in specified periods of time (in most cases 18 weeks). » Currently, 76% (75% in 2014) of all cases including those where no objective applies are disposed of within the relevant target. » Normal planning appeals achieve a higher rate of compliance (83% in 2014) with the average number of weeks to dispose cases at 15.6.

5308 5422 4562 4743 5261 5946 5930 6664 5571 3786 2850 2110 2227 1814¹ 1810 47% 29% 36% 74% 85% 78% 52% 48% 23% 26% 63% 81% 41% 62% 75% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 1000 2000 3000 4000 5000 6000 7000 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Performance versus Statutory Objective (All Cases)

Intake of Cases Statutory Objective Period

Planning Casework and Performance

» An Bord Pleanála as one stop shop » Good feedback from applicants and many 3rd parties » No appeal against Board decision (except Judicial Review) » Pre Application consultation provided for » Most require Environmental Impact Assessment and many Appropriate Assessment » High Court, Supreme Court and European Court of Justice case-law » Complexity means difficult to achieve 18 week target

Workload – Strategic Infrastructure Development

Planning Casework and Performance

Strategic Infrastructure Development

65% of applications were disposed within target in 2014.

38 17 17 9 9 2 2

• 2
• 2
• 4
• 15

3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 57 60

Laois Kilkenny Reinforcement Project CPO - N5 Westport to Turlough Road, Mayo N5 Westport to Turlough Road, Mayo CPO - M7 Naas to Newbridge By Pass, Kildare M7 Naas to Newbridge By Pass, Kildare CPO - Kilkenny North Ring Road Extension Kilkenny North Ring Road Extension Long Term Car Park at Dublin Airport 32 Turbine Wind Farm, Rhode, Offaly Pontoon Facility at Bunagee, Culdaff, Co. Donegal CPO - M7 Osberstown Interchange and R407 Sallins By Pass Scheme… CPO - M7 Osberstown Interchange Motorway Scheme M7 Osberstown Interchange and R407 Sallins CPO - N4 Collooney to Castlebaldwin Road, Sligo N4 Collooney to Castlebaldwin Road, Sligo Cork Science and Innovation Park CPO - N86 Dingle to Annascaul and Gortbreagoge to Camp Road… N86 Dingle to Annascaul and Gortbreagoge to Camp Road (reactivated) LUAS Cross City Dawson Street Stop CPO - Cork Science and Innovation Park

Strategic Infrastructure Development Cases - Concluded 2014

SID (Local Authority) SID (Private)

* Red line denotes statutory target, i.e. 18 weeks after statutory observation period, with allowance for Christmas period.

Planning Casework and Performance

Strategic Infrastructure Development

To date in 2015, 5 cases have been concluded, only 1 of which was within the target decision date.

55 43 29 7

• 5

3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 57 60 63 66 69 72 75 78 Cluddaun Wind Farm, Co. Mayo Redevelopment of Dublin Port Redevelopment of Ringaskiddy Port Facilities National Mental Health Services Hospital, Portrane National Rehabilitation Hospital, Dun Laoghaire

Strategic Infrastructure Development Cases (to July 2015)

SID (Private)

* Red line denotes statutory target, i.e. 18 weeks after statutory observation period, with allowance for Christmas period.

Planning Casework and Performance

Strategic Infrastructure Development

The average number of weeks to dispose cases has reduced significantly and compares favourably with the UK’s timeline for National Infrastructure projects at circa 75 weeks.

35 50 23 27 25 23 14 20 6 32 31 28 36 30 21 20 14 27 50.3 58.7 63.8 55 50.1 30 10 20 30 40 50 60 70 2007 2008 2009 2010 2011 2012 2013 2014

Strategic Infrastructure Applications

Cases Received (All) Cases Disposed (All) Average time (weeks) (All)

Planning Casework and Performance

Strategic Infrastructure Development

Significant Applications on Hands Received Status National Children’s Hospital

August 2015

Open for submissions - 2/10/15

North-South Electricity – Interconnector

July 2015

Open for submissions - 24/8/15

Galway Harbour Extension

January 2014

At Board for Decision (May invoke IROPI)

Dun Laoghaire Harbour

July 2015

Open for submissions - 27/8/15

Electricity Substation (Facebook)

June 2015

For report (Oral hearing decision to be made)

N59 Clifden to Maam Cross

August 2014

Further information received, Planning Authority to publish notice inviting submissions.

Emlagh Wind Farm (46 turbines)

October 2014

For report (Oral hearing concluded )

Maighne Wind Farm (47 turbines)

April 2015

For report (Oral hearing decision to be made)

Oweninny Wind Farm (112 Turbines)

July 2013

Further information sought - 21/9/15 (Legal issue arising from High Court Case )

Meenbog Wind Farm (49 turbines)

February 2015

File with inspector

Arderroo Wind Farm (29 turbines)

September 2014

For report (Oral hearing concluded)

Planning Casework and Performance

Workload – Quarries

Quarries (Notice Review and Substitute Consent cases) have been a significant and complex category of cases over the past number of years as a result of legislation to regularise planning control to accord with EU Directive requirements.

Confirm Planning Authority Determination 172 Set Aside Determination 127 Other 36

Quarry Notice Review Cases (2012-2014) Substitute Consent Received Concluded

Applications To Date 133 70

Planning Casework and Performance

Workload – Referrals and Other Cases

Referrals (dealing with questions as to what is or is not development or is or is not exempted development) made up 86 decided cases in 2014. Non-Planning Casework

Building Control

2014 Received Decided Referrals 91 86

Building Control 2014 Received Decided Relax & Dispensation Certificate 3 Fire Safety Certificate 11 18 Fire Safety Revised Certificate 2 2 Regularisation Certificate 2 6 Disability Access Certificate 2 2 Disability Access Revised Certificate 1 Total 18 31

Planning Casework and Performance

» Performance at current case load is good » For strategic infrastructure and other complex cases, adherence to timelines is difficult » Priority is given to cases including : » developments with employment or economic potential » strategic infrastructure development » school buildings / educational facilities » housing » Capacity of Board to deal with much increased workload

Summary Points

Agenda

» About An Bord Pleanála » Decision Making Process » Planning Casework and Performance » Judicial Review » Organisation and Change » Concluding Remarks

Judicial Review

» All decisions of An Bord Pleanála are subject to Judicial Review » Planning is a litigious area with over 700 decisions challenged to date » Development of windfarms has proved controversial amongst public » Regularisation of quarries has attracted judicial reviews from developers and public » Increased complexity in planning legislation arising from European Union Directives and European Court of Justice case law decisions gives more scope for making legal challenges to planning decisions » Implementation of Aarhus Convention (cost rules)

Drivers

Judicial Review

Planning Caseload and Judicial Reviews

5111 5387 5628 6163 5801 5090 3248 2326 1794 2253 1864 32 36 23 32 45 16 13 20 17 32 42 5 10 15 20 25 30 35 40 45 50 1000 2000 3000 4000 5000 6000 7000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

• No. of Judicial Reviews
• No. of cases disposed of

Year

Judicial Reviews Initiated 2004 to 2014

Judicial Review

Legal Expenditure

€1,655,228 €2,131,458 €2,129,023 €1,835,305 €2,625,435 €2,007,498 €1,481,900 €1,992,061 €1,067,818 €1,488,343 €2,388,065.19 €798,995 €1,643,303 €1,306,508 €964,244 €1,174,170 €1,213,237 €491,727 €468,710 €167,946 €15,718 €222,337 €0 €500,000 €1,000,000 €1,500,000 €2,000,000 €2,500,000 €3,000,000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

Legal Expenditure 2004 - 2014

Gross Legal Expenditure Total Costs deemed Recoverable in Year1

Judicial Review

» Success in defence of judicial reviews of decisions

Outcomes

» Recent Wins » People Over Wind » Callaghan » Craig » McEntee (Nobber) » Harrington » McGrath » Recent Losses » Kelly Wind Farm » O’Grianna EIA

Successful Outcomes 196 Unsuccess ful Outcomes 61

Legal Cases - 2004-2014

Judicial Review

» Majority of outcomes are positive » Legal costs » Regular review with Legal Agents » Changes to guidelines to reflect legal outcome » Approach to Board Orders

Summary Points

Agenda

» About An Bord Pleanála » Decision Making Process » Planning Casework and Performance » Judicial Review » Organisation and Change » Concluding Remarks

Organisation and Change

Structure

Chairperson

SAO FEM SAO Secretary SAO HR SAO Finance SAO ICT SEO

Drafting

SEO

FEM

SEO

ICT

SEO

ICT

SEO

ICT

SAO Internal Audit ADP Appeals SAO Appeals ADP Appeals ADP LAPS/ SIDS SAO LAPS/ SIDS

Board Members – 7 Ordinary Members

Deputy Chairperson Chief Officer

Director of Planning Director Corporate Affairs

SEO

Personnel

SEO

L&D

SEO

Finance

SPIs PIs SEO EOs AAs SEO SPIs PIs SEO EOs AAs SEO EOs AAs EOs AAs EOs AAs EOs AAs EOs AA EOs AAs EOs AAs

Appeals Division Strategic Infrastructure Division

ADP = Assist Director Planning SAO = Senior Administrative Officer SPI = Senior Planning Inspector SEO = Senior Executive Officer PI = Planning Inspector EO = Executive Officer AA = Administrative Assistant

PLANNING OPERATIONAL DIVISION CORPORATE AFFAIRS DIVISION

Organisation and Change

Workforce

» Loyal and dedicated workforce

• rganised along traditional public sector

model of technical and administrative divisions. » Moratorium on recruitment has been in effect since 2009 (only 1 new recruit in last 6 years). » By end of 2016 there will be no staff under the age of 30. » External appointments of Director of Planning and Senior Planning Inspector (2) in September.

45.9 1 51.4 9 31.5

Staff Numbers (Total 138)

Planning Inspectorate Chief Officer Corporate Staff Board Planning Administration

Organisation and Change

Skills and Qualifications

» 45 professional and experienced planners, many qualified in a range of other disciplines including:

» Environmental Impact Assessment » Environmental Engineering » Coastal Zone Management

» Workforce Plan submitted to Department in March 2015 and highlighting the:

» Requirement for replacement of planning posts » Need for specialist expertise e.g. ecology » Addition of resources for the ICT Department (Programmer/GIS)

» Learning and Development to focus on:

» Marine and foreshore » ICT Skills » Management Development/Leadership

Organisation and Change

ICT Strategy (Plean-IT) » Feasibility study identified the planning casework system (LEX) is no longer fit for purpose and a major risk to the functioning of the

• rganisation.

» Existing processes are largely manual and not sufficiently automated or integrated. » Lack of Geographic Information System is not acceptable given it is a standard planning tool. » Website cannot support digital services. » Secured investment of €2.9 million from Government to implement new systems

Change Initiatives

Organisation and Change

ICT Strategy (Plean-IT)

Provide a fully digital service to the customer for on- line submission of appeals and other transactions in the future. This includes:

• A new Case Management System to manage

workflows, documents and records for processing and deciding of planning applications / appeals.

• A Website that facilitates digital services and

communications in an accessible and user-friendly manner.

• An integrated Geographic Information System with

interactive mapping functionality and support for geo- spatial analysis.

Change Initiatives

Organisation and Change

Change Initiatives

Judicial Review

• System support to facilitate ease
• f access to all relevant case

documentation

• Document management (e.g.

versioning) to provide an audit trail of changes and manage transitory records

Pre-Decision Review and Preparation

• System support for access to all case information
• Specific cases can be flagged within the system
• System support for sharing of information where

appropriate

Planning Case

Receipt

• Receipt of electronic and paper submissions
• Creation of shell record on system
• Production of a receipt from the system
• Guidance to appropriate fee via web portal
• Real time credit & debit card payment authorisation

Processing

• System support for screening and

validation

• Linking electronic copies of

precedent cases

• Electronic support of

correspondence and cross circulation

• System support for all workflow

steps .

Case Analysis and Recommendation

• System support for all workflow steps
• User specific features and full access

to all caseload information

• System support for site visits (e.g.

GPS enabled tablets, photographs, etc.)

• System facilitation for proactive

management of caseload

• System support for report generation

Decision

• Facilitation of meetings using IT

devices

• Relevant templates for review

cases will be provided

• System support for version

control of documentation

• Electronic notification of decisions

if requested by user

• Online access to decided files

Processing Decision Pre-Decision Review and Preparation Case Analysis and Recommendation Judicial Review

ICT Strategy (Plean-IT)

Organisation and Change

Change Initiatives

41

ICT Strategy (Plean-IT)

» Transformational change required across all areas as identified in development of a target operating model » Commenced in 2014 and to be largely completed end 2017 » Tender for services is live with contractor to be on site in December

Organisation and Change

Project Free Flow

» Streamlined approach to management of minor cases to new timelines of 14 weeks » In operation since March 2015: » 67 cases completed to end July » 13 week average duration » Potential for further refinement and extension to other case types » To be reviewed in Quarter 3

Change Initiatives

Organisation and Change

» Governance of An Bord Pleanála

» Returning Corporate Governance responsibility to the Board » Schedule of Matters Reserved to the Board » Monthly General Board Meetings » Holding Executive to account

» Strategy and Planning » Establishment of Executive Management Team

» New management information reporting including Key Performance Indicators » Introduction of new Annual Business Planning model » Service Level Agreement with DoE

Change Initiatives

Organisation and Change

» Planning Operations

» Strategic Infrastructure Review » Small files project (Project Free Flow) » Interim Geographic Information System / legacy mapping » Inspectors’ Photo project

» Function Reviews

» Tender for Legal Services / Review of Legal » Establishment of Procurement function » Outsourcing of Internal Audit » Introduction of new Communications Strategy including Brand Identity Guidelines

Change Initiatives

Organisation and Change

» Static workforce as a result of the moratorium » Dedicated and loyal staff » ICT Strategy (Plean-IT) is a driver of transformational change » Resourcing and addressing skills gaps

Summary Points

Agenda

» About An Bord Pleanála » Decision Making Process » Planning Casework and Performance » Judicial Review » Organisation and Change » Concluding Remarks

Concluding Remarks

» Maintaining reputation for integrity, fairness and transparency » Making robust planning decisions in light of increased levels of complexity » Ensuring continuity and consistency at decision making level » Dealing with increased caseload in a timely manner » Agreeing appropriate timelines for strategic infrastructure cases » Delivering Plean-IT project to provide modern digital customer service » Maintaining performance in face of ongoing radical business transformation » Ensuring appropriate resources and skill sets available to An Bord Pleanála » Communicating with public/stakeholders given quasi-judicial role

Challenges – A Fit for Purpose Organisation