Dáil Éireann Debate, Thursday - 8 September 2022
618. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if he will provide an update on ending strategic housing developments, returning planning decisions to local authorities and reforming the judicial review process under Housing for All. [43331/22]
View answerThe Programme for Government - Our Shared Future committed to not extending the Strategic Housing Development (SHD) arrangements beyond their legislative expiry date of end December 2021, which was subsequently extended to 25 February 2022 arising from the Covid-related extension of statutory timelines within the planning system by eight weeks in respect of the period March to May 2020 due to the shutdown of the construction sector.
The Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 (Act of 2021) was signed into law by the President on 14 December 2021. Furthermore, the Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 (Commencement) Order 2021 which brings the provisions of the Act into effect was signed with an effective date of 17 December 2021.
The main purpose of the Act of 2021 is to restore the two-stage planning process, with decision making for Large-scale Residential Development (LRD) type applications returning to the local planning authority in the first instance, with the subsequent right of appeal to An Bord Pleanála (the Board), thereby delivering on the commitments in the Programme for Government as well as Housing for All.
The Act of 2021 also includes a number of transitional arrangements in relation to the expiry of the SHD arrangements and their replacement by the new LRD arrangements. Under the Act:
- SHD prospective applicants/ developers already in receipt of an SHD opinion under the SHD arrangements on the commencement of the Act (17 December 2021) had 16 weeks to submit an SHD application to the Board from that date.
- SHD prospective applicants/ developers who had formally commenced consultations with the Board and were awaiting an SHD opinion on the commencement of the Act (17 December 2021) were given 16 weeks to submit an SHD application to the Board from the date of receipt of the SHD opinion.
The judicial review provisions relating to planning decisions are contained in sections 50-50B of the Planning and Development Act 2000, as amended, and some amendments were made to these provisions before the Summer under the Planning and Development, Maritime and Valuation (Amendment) Act 2022. The generality of the provisions are presently being considered as part of the wider Planning Review being led by the Attorney General. It is anticipated that this review will be completed by the end of the year.
