Dáil Éireann Debate, Tuesday - 16 June 2020
1065. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the way in which phasing can be achieved in the absence of approvals which are not in compliance with LAPs in the context of SHDs that deviate from local area plans in seeking higher densities are factored into planning for social and physical infrastructure deficits; and if he will make a statement on the matter. [10840/20]
View answerThe Planning and Development (Housing) and Residential Tenancies Act 2016 introduced streamlined arrangements to enable planning applications for Strategic Housing Development (SHD) of 100 housing units or more, to be made directly to An Bord Pleanála for determination. Under this provision, planning applications for SHD may be made only where the proposed development is on land that has already been zoned for residential use, or mixed-use including residential use.
The 2016 Act empowers An Bord Pleanála, where it deems it appropriate, to grant planning permission for SHD development that materially contravenes a county development plan or local area plan, but not where the proposed development would materially contravene a zoning objective of the relevant plan.
The SHD provisions are in line with pre-existing provisions in the Planning and Development Act 2000, as amended, relating to appeals and other cases determined by An Bord Pleanála. Where a planning authority has refused to grant permission for a proposed development because it would materially contravene a local development plan, and in certain other cases where planning applications are made directly to An Bord Pleanála, in specified circumstances An Bord Pleanála may grant planning permission for proposed development that materially contravenes the development plan.
In determining any planning application, An Bord Pleanála is required to have regard, not only to the county development plan and any relevant local area plan, but also to planning guidelines issued by the Minister for Housing, Planning and Local Government, as well as to other relevant Government policies and objectives. Development plans and local area plans are generally drafted and adopted in accordance with national policies and objectives, as well as statutory planning guidelines which are current at the time of their adoption.
However, there can be instances where new Government policies and objectives are adopted after the adoption of a county development plan or local area plan, that may supersede specific local policies in the development plan or local area, and which consequently An Bord Pleanála is required to have regard to in the determination of planning appeals or applications before it.
In determining a SHD application, An Bord Pleanála must consider the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the strategic housing development - including under Section 9(2)(a) Planning and Development (Housing) and Residential Tenancies Act, 2016 having regard to ‘the provisions of the development plan, including any local area plan if relevant, for the area’.
In the granting of a permission for a proposed SHD development under Section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016, An Bord Pleanála may decide to attach such conditions as it considers appropriate. Under Section 9(7), such conditions may be in relation to any of the matters specified in section 34(4) of the Planning & Development Act, 2000 or in relation to points of detail to be agreed between the planning authority and the person carrying out the development.
Section 34(4) of the Planning & Development Act, 2000 specifically includes the opportunity for conditions to be attached to a permission in the nature of:-
- conditions for requiring the carrying out of works (including the provision of facilities) which the planning authority considers are required for the purposes of the development authorised by the permission;
- conditions for determining the sequence and timing in which and the time at which works shall be carried out;
- conditions for requiring the provision of roads, including traffic calming measures, open spaces, car parks, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities;
An Bord Pleanála may in this manner, if considered appropriate, attach conditions to a permission for development in relation to the phasing of development proposed in a SHD application, including phasing outlined in the relevant local area plan.
