The Programme for Government - Our Shared Future commits to not extending the SHD arrangements beyond their legislative expiry date of end December 2021, which has now been extended to 25 February 2022 arising from the Covid-related extension of statutory deadlines within the planning system by 8 weeks in respect of the period March to May 2020. Work has been advancing to prepare for new arrangements to replace these provisions, which will have the potential to be almost as time-efficient as the SHD arrangements but will also return the primary decision-making function to the local level, with associated gains in terms of public participation.
These proposals were outlined by my colleague, Minister O'Brien, in a Memorandum to Government on 13 July 2021, accompanied by a General Scheme of a Planning and Development (Amendment) (Large Scale Residential Development (LSRD)) Bill 2021 (the General Scheme), which is available at: www.gov.ie/en/publication/a10f2-general-scheme-of-planning-and-development-amendment-lsrd-bill-2021/
Pre-legislative scrutiny of the General Scheme was undertaken by the Joint Oireachtas Committee (JOC) on Housing, Local Government and Heritage in September 2021 and the JOC Report on the General Scheme has now been received by my Department.
My Department has finalised the drafting of a Bill – now to be titled the Planning and Development (Large-scale Residential Development - LRD) Bill 2021 - in consultation with the Office of the Attorney General. Government approval for the publication of the LRD Bill is being sought on 4 November 2021, following which the Bill will be progressed through both Houses of the Oireachtas as expeditiously as possible with a view to enactment during the current Oireachtas session.
Due to the additional time associated with the JOC pre-legislative scrutiny of the General Scheme and other issues arising, the "indicative" transitional timelines outlined in Head 13 of the General Scheme in relation to the winding-up of the SHD planning arrangements and their replacement by the new LRD arrangements no longer apply.
My Department is collaborating with the Houses of the Oireachtas on the timings for the progression of the Bill and it is intended that the legislative process will be concluded as speedily as possible during the current Oireachtas session. Pending the enactment of the Bill and the making of supplementary LRD regulations, the existing SHD arrangements remain in force. In effect, SHD pre-application consultation requests and SHD planning applications may continue to be made to the Board for the time being until the LRD Bill is enacted and the supplementary LRD regulations are in place.
In this regard, Circular Letter PL 10-2021 issued to planning authorities, including An Bord Pleanala, on 22 October 2021, indicated that it is intended that, subject to Oireachtas approval and Presidential signature of the Bill, the SHD system will transition from 17 December 2021 and be replaced by the new LRD planning regime.
Planning authorities will be notified by further Circular Letter when the necessary legislation is in place and the coming into effect of the new LRD arrangements.
