The Office of the Planning Regulator has been accused of acting as if they are under a "cloak of infallibility" by a Councillor.
The OPR is at odds with all Dublin City Councillors over the Council's plan to curb build-to-rent developments in their city-wide development plan. The OPR has turned down two invitations to appear before the Council to explain the rationale behind their submission to the development plan requesting the curbs on BTRs be removed.
Planning Regulator Niall Cussen declined the invitation to attend the first meeting because of fears the Office of Planning Regulator would have to appear before all 31 local authorities which he said would be "very difficult" for their "small team". Fine Gael leader Cllr James Geoghegan, who was presenting all groups on the issue, told Monday's meeting of councillors it was "absolutely ridiculous" that the Office declined to come before the Council twice.
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He said: "The level of obfuscation the office has gone to in order to not come before the elected members of Dublin City and simply explain their rationale, their reasons as to why they are in favour for some aspects of our development plan and why they are opposed to others and to enable us to ask them very simple questions. That is basic fair procedure. They seem to think that they're under some sort of cloak of papal infallibility - they cannot be questioned.
He added: "It is absolutely ridiculous". DCC's Development Plan will be drawn up this week with meetings due to take place in the evenings.
Cllr Geoghegan put forward a motion that the OPR be asked to come before the Council again if they disagree with the completed development plan. All councillors and the Chief Executive Owen Keegan supported Cllr Geoghegan's motion.
The OPR said it is "not appropriate" for the Planning regulator to appear before the Council because of its "independent role in the plan-making process". A spokesman said: "In its independent regulatory and oversight capacity, the OPR has made its formal written and statutory submission to the draft Dublin City Council Development Plan.
"Under the planning act, the Office must await the response of the Council to its submission and any material amendments that may be put forward in response to the written recommendations and observations of the OPR submission." He added that the OPR has offered to respond to any "specific clarifications" DCC require.
Under DCC's proposed curbs, at least 40% of properties in BTR schemes of more than 100 units would need to be "standard build-to-sell apartments" and BTR projects of fewer than 100 units would generally not get approved as they do not have a "critical mass" to support community facilities.
These policies went against national policy, deputy planning regulator Anne Marie O'Connor said in a submission to the development plan. Previously, all Dublin City Councillors united against the Planning Regulator in a row over dominating build-to-rent developments.
They accused the Office of the Planning Regulator of being "undemocratic" after they refused to attend a DCC meeting to discuss the city's Development Plan twice. The Local Authority's Chief Executive and Council planners have been critical of the BTR developments which they say are "unsustainable" due to the high levels of planning applications across the city.
Build-to-rent apartments do not have to comply with minimum size standards required in homes for sale and Councillors say they do not work for families or communities. DCC analysis reportedly showed a rapid increase in the dominance of build-to-rent schemes.
In 2018, BTR accounted for just 15% of all applied for or granted schemes which skyrocketed to 82% by 2020.
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