Section 179A of the Planning and Development Act 2000, as amended - as inserted by section 14 of the Planning and Development and Foreshore (Amendment) Act 2022 - was commenced on 08 March 2023 and introduced a temporary time-limited exemption for local authorities from the 'Part 8' local authority "own development" approval process and from planning for the provision of specified forms of housing developments on designated State lands.
The primary purpose of the measure is to help expedite the provision of housing supply by local authorities, particularly social, affordable and cost rental housing at a time of need. The use of the exemption is 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 (EIA) under the EIA Directive or appropriate assessment (AA) under the Habitats Directive; and
• the development works in question are commenced by no later than 31 December 2024
The exemption can be utilised on any land owned by a local authority or by the prescribed State bodies and where the zoning objectives for the land as set out within the adopted development plan or local area plan includes residential use (i.e. where the land is zoned for residential purposes or for mixed use including residential). However, it is not required that the land be in the ownership of either a local authority or prescribed State body at the time the required residential zoning was designated; the land in question may be subsequently acquired by a local authority or a prescribed State body but must be in the ownership of such bodies at the time the exemption is being availed of.
