The carrying out of housing development by a local authority in their functional area is exempted development under the Local Government (Planning and Development) Act, 1963. However, such development is subject to the alternative procedure provided for in section 3 of the Local Government (Planning and Development) Act, 1993. Effect is given to the provisions of section 3 by Part X of the Local Government (Planning and Development) Regulations, 1994, under which local authorities are obliged to give public notice of, inter alia, any housing development proposed by them. Submissions or observations dealing with the proper planning and development of the area concerned must be sought in regard to the proposed development and the plans must be available for inspection by the public during a period of not less than one month. Following the period allowed for submissions or observations, a report must be prepared regarding the details of the proposal and this must include details of any submissions or observations received in relation to it. The report must be submitted to the elected members of the local authority who have the discretion, under section 3 of the Local Government Act, 1995, to direct that the proposed development is not to proceed.
A local authority carrying out housing development outside their functional area must obtain planning permission in the normal way.
