I propose to take Questions Nos. 243 and 248 together.
The Planning and Development (Amendment) Act 2015 inserted the new section 28(1C) into the 2000 Act, and this provision was substituted by section 20(a) of the Planning and Development (Amendment) Act 2018.
The objective of this amendment was to ensure that specific planning policy requirements (SPPRs) included in guidelines issued by the Minister under section 28 would have to be complied with and applied consistently by planning authorities, regional assemblies (since 2018) and the Board. This had become necessary as some local authorities were introducing requirements and standards that diverged significantly from national policy guidance and legislation (e.g. apartment sizes and building performance standards) in their plans, resulting in a highly variable and inconsistent planning policy framework, in some cases within different parts of the same urban area.
The objective of guidelines issued under section 28 of the 2000 Act, and SPPRs in particular, is to achieve consistency of approach on critical matters throughout the hierarchy of plans at national, regional and local levels, in support of national policy objectives. Their use is limited and specific to clearly articulating Government policy and ensuring a consistency of application across the planning system.
The National Planning Framework (NPF) sets out the vision and strategic objectives to support Ireland’s national, regional and local spatial development in economic, environmental and social terms to 2040. Under the Planning and Development Act 2000, regional plans and plans developed by planning authorities must have regard to and be consistent with the objectives of the NPF.
In 2018, my Department published the updated Sustainable Urban Housing Development Guidelines to respond to changing housing need, in light of emerging dynamics in the urban employment market and ongoing demographic trends. The 2018 Guidelines addressed in particular, the relatively new build-to-rent sector and sets out a number of key distinct characteristics of such development. Further, related guidance has been subsequently issued in the form of updates to the Sustainable Urban Housing: Design Standards for New Apartments Guidelines for Planning Authorities, most recently in 2020, which while introducing a presumption against 'co-living' accommodation in most circumstances, has retained 'build-to-rent' (BTR) development as a distinct planning category.
In the context of the Apartment Guidelines specifically, the specific planning policy requirements included seek to enable reinforce the national policy objective of providing more compact forms of urban development as outlined in the NPF through increasing the density, scale and heights of buildings, including apartments, in appropriate locations. Those regarding BTR facilitate an element of tenure choice at particular types of location.
It should be noted that by the end of 2022, the vast majority of city and county development plans will have been reviewed and a greater consistency of approach will be provided in those development plans to achieve more dense patterns of development in appropriate locations, given the need for planning authorities to have regard to these Guidelines and to comply with relevant SPPRs contained within them. This will also coincide with the significant advancement of the Attorney General-led review of the Planning Act.
It is not currently proposed to repeal the provisions, which are considered to provide an important role in the integration of national policy within the planning hierarchy of plans from national to regional and local levels. The Planning and Development Act 2000 is currently being reviewed by the Attorney General, in conjunction with the Department of Housing, Local Government and Heritage, and any necessary amendments to current legislative arrangements will, where appropriate, be considered in this context.