Dáil Éireann Debate, Thursday - 28 January 2021
107. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if a policy will be introduced within his Department to provide a fair resolution to builders who purchase zoned land and due to the lack of adequate infrastructure such as sewage services they make the necessary investment to provide infrastructure only to have the land dezoned due to a change on policy either nationally or locally. [4899/21]
View answerThe preparation of a statutory city or county development plan is a central function of a planning authority undertaken in accordance with Sections 9-13 of the Planning and Development Act, 2000 (as amended). The zoning of land for particular uses, including for new housing, is specified in this legislation to be a reserved function of the elected members of the planning authority. This task is undertaken in order to contribute to meeting the identified housing supply needs of the local authority area in question.
In this regard, I have recently issued the ‘Housing Supply Target Methodology for Development Planning, Guidelines for Planning Authorities ’ under Section 28 of the Planning and Development Act (as amended). These guidelines provide an integrated and nationally consistent methodology for each planning authority to estimate an overall housing supply target for their development plan that is consistent with adopted national and regional population growth targets in the National Planning Framework and Regional Spatial and Economic Strategies. This housing supply target is quantified as an overall number of housing units that is to be planned and provided for in the development plan process, with scope for adjustment in certain local authority areas.
In producing the county development plan, the consideration and decision on what particular lands to zone is therefore taken by the elected members of the planning authority. In selecting lands to zone for future residential development, the planning authority is not, however, required to maintain zonings from a previous development plan.
The planning authority must consider the suitability of such lands for delivering new housing within the proposed plan period as part of the overall core strategy of the development plan. The Planning and Development Act is very clear (Section 10(8)), that “there shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan”.
The Planning Act also specifically addresses the matter of compensation under section 191, stating that “Compensation shall not be payable in respect of the refusal of permission for any development based on any change of the zoning of any land as a result of the making of a new development plan…”.
The availability of infrastructure to facilitate new development further to public or private investment is an important consideration in assessing the appropriateness of land for new housing development. Overall, the development plan adopted by the elected members must ensure that sufficient residential lands are available to contribute towards meeting the identified housing supply target, and should prioritise lands capable of delivering new homes within the six-year development plan period.
It would therefore be expected that sites that benefit from investment in services would normally be prioritised over sites that may be unserviced, but given the range of factors that must be considered as part of a county development plan process, these are matters for the planning authority to assess and determine in the context of the county development plan as a whole.
