Dáil Éireann Debate, Tuesday - 30 January 2024
328. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage in relation to the rules for strategic housing developments as they apply to purpose built student accommodation, the minimum room size, in square meters for a single occupancy room; the minimum and maximum period of duration of stay; what restrictions apply to these rooms being rented to non-students; and if he will make a statement on the matter. [3857/24]
View answer360. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage in relation to section 13(d)(b) of the Planning and Development (Housing) and Residential Tenancies Act 2016, as per the definition of student accommodation (details supplied); what oversight is conducted to ensure compliance with this; who is the relevant authority with responsibility for this; and if he will make a statement on the matter. [4263/24]
View answerI propose to take Questions Nos. 328 and 360 together.
The Planning and Development (Housing) and Residential Tenancies Act 2016 (the 2016 Act) introduced new streamlined arrangements to enable planning applications for strategic housing developments (SHDs) of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála (the Board) for determination. Section 13(d) of the Act of 2016 defines student accommodation for the purpose of that Act to mean a building or part thereof used or to be used to accommodate students whether or not provided by a relevant provider (within the meaning of Qualifications and Quality Assurance (Education and Training) Act 2012 ), and that is not for use -
(i) as permanent residential accommodation, or
(ii) subject to paragraph (b), as a hotel, hostel, apart-hotel or similar type accommodation,
and includes residential accommodation that is used as tourist or visitor accommodation but only if it is so used outside of academic term times.
The Programme for Government - Our Shared Future and Housing for All committed to not extending the 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 during that period. The SHD arrangements have since been replaced by new planning arrangements in respect of large-scale residential developments (LRD), including student accommodation developments of 200 bed spaces or more, as provided for in the Planning and Development (Amendment) (Large-scale Residential Development) Act 2021 (the 2021 Act) which was signed into law by the President on 14 December 2021.
Neither the 2016 Act or the 2021 Act provide for minimum room sizes in respect of student accommodation developments. However, guidance in relation to the provision of student accommodation is available in the Department of Education’s Guidelines on Residential Developments for 3rd Level Students.
It is a matter for the relevant planning authority – the Board in respect of SHD applications and the local planning authority in respect of LRD applications – to consider each application for planning permission on a case-by-case basis and to decide to grant permission, subject to or without condition(s) relating to use, or to refuse permission. Enforcement of planning legislation, including in respect of any condition relating to use or exempted development, is a matter for the relevant local planning authority.
