Dáil Éireann Debate, Wednesday - 15 February 2023
91. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if the use of the recently introduced Part 8 planning derogation is a matter for local authority managers to decide on its application or whether more specific guidance is to be issued to local authorities by his Department; and to state what this guidance will be. [7601/23]
View answerSections 3, 13 and 14 of the Planning and Development and Foreshore (Amendment) Act 2022 will, once commenced, provide a temporary exemption from the "Part 8" planning approval process for local authority own developments for social and affordable (including cost rental) housing. The commencement of these provisions, which will be supplemented by supporting regulations, will insert a new section 179A into the Planning and Development Act 2000, as amended.
This new section will require a Chief Executive to inform the elected members of a local authority of proposed housing developments which it is intended to progress under the exemption as well as to give public notice and enable public inspection of the proposals in a prescribed manner. This new provision, which is a time-limited arrangement to help expedite the provision of housing by local authorities in the context of the need to increase housing supply, will be mandatory for local authorities in strictly defined circumstances where the following criteria are satisfied:
- the land is owned by the local authority or another specified State Body;
- the land is zoned for residential development;
- the proposed development does not materially contravene the development plan or local area plan for the area;
- the proposed development is in accordance with the relevant local authority’s housing strategy;
- the land is serviced or will be serviced with the necessary supporting infrastructure or facilities within the timeframe of the development;
- the proposed development is not required to undergo environmental impact assessment under the EIA Directive or appropriate assessment under the Habitats Directive; and
- the development works are commenced by no later than 31 December 2024.
It should be noted that the role of elected members in setting the overarching framework for the development of their local area through the adoption of the development plan, associated zoning objectives and the adoption of the local housing strategy is not impacted by these temporary arrangements. The elected members will also retain their "Part 8" approval powers for all other forms of local authority own development proposals i.e. roads, bridges, waste facilities, swimming pools, fire stations, libraries, any other development works with a cost exceeding €126,000 etc. Any local authority housing proposals that are not commenced by 31 December 2024 will require "Part 8" approval by the elected members in the normal manner.It is intended to commence the new provisions, make the necessary supporting regulations and issue guidance to local authorities on the implementation of the new arrangements in the coming weeks.
