The first item on the agenda is a motion on the Planning and Development (Amendment) (No. 4) Regulations 2015. I welcome the Minister of State at the Department of Justice and Equality, Deputy Aodhán Ó Ríordáin, who has responsibility for new communities, culture and equality. I welcome Mr. Eamonn Kelly, Mr. Gabriel O'Duffy and Mr. Terry Sheridan from the Department of the Environment, Community and Local Government and Mr. Eugene Banks from the Department of Justice and Equality. I call on the Minister of State to make his opening statement.
Planning and Development (Amendment) (No. 4) Regulations 2015: Motion
I thank the committee for affording me the opportunity to present to it the draft Planning and Development (Amendment) (No. 4) Regulations 2015. These draft regulations relate to provisions concerning development that is exempt from the requirement to obtain planning permission. Under section 262(4) of the Planning and Development Act 2000, as amended, each House of the Oireachtas must approve draft regulations relating to exempted development by way of positive resolution before they can be made by the Minister for the Environment, Community and Local Government.
The draft amending regulations make changes to the exempted development provisions set out in the planning and development regulations 2001 to 2015. These amendments relate to changes of use of particular types of premises providing accommodation and include changes that have general application, in addition to amendments specific to particular classes of persons.
The change of general application is the insertion of a new subclass of exempted development, class 14(g), into Part 1 of Schedule 2 to the planning and development regulations, which comprises the change of use of a premises from a hotel to a hostel. Under this amendment, a premises previously operated as a hotel may be used to accommodate persons in hostel-type accommodation. While the change of use is not confined to any particular class of persons, this amendment will be of particular benefit in clarifying the planning status of hotels that provide accommodation for homeless persons, asylum seekers and refugees.
This exemption does not apply to a hostel where care is provided. In this connection, the existing regulations define “care” to mean personal care, including help with physical, educational or social needs. It should also be noted that, except in the specific case provided for in another proposed subclass of exempted development, the amending regulations do not provide that the change of use of a premises in the other direction, from a hostel to a hotel, shall constitute exempted development.
Allied to exempting the change of use of a hotel to a hostel from planning requirements, the draft regulations amend two definitions in the planning and development regulations to remove the distinction in them between a hotel and a hostel. The amendment of one of these definitions, that relating to “business premises”, allows hostels to benefit from the same classes of exempted development relating to renewable energy infrastructure that is currently available to other business premises, including hotels.
The other main changes in the draft regulations relate to facilitating the use for refugees and asylum seekers, as defined in legislation for which the Department of Justice and Equality is responsible, of particular accommodation-type premises without recourse to the planning system. The types of premises involved are a hotel, motel, hostel, guesthouse, holiday accommodation, convent, monastery, Defence Forces barracks or other premises or residential institution providing overnight accommodation.
As indicated, under the proposed changes, planning permission will not be required for the use of these types of premises to accommodate refugees and asylum seekers or as emergency reception and orientation centres for such persons. These changes are made by inserting new subclasses 14(h) and 14(i), respectively, into Part 1 of Schedule 2 to the planning and development regulations 2001 to 2015. Furthermore, a change of use of these types of premises from one of these subclasses to the other will not require planning permission.
These specific exempted development provisions will allow the Government to continue its humanitarian policy of providing protection and accommodation to those most in need under its refugee resettlement programme in association with the United Nations High Commissioner for Refugees, the Irish refugee protection programme and the related establishment of emergency reception and orientation centres as part of our EU and international commitments in this regard and the provision of accommodation to those arriving into the State and seeking asylum here.
The draft amending regulations insert a further consequential subclass into the planning regulations, that is to say class 14(j), under which a premises where the use changed under class 14(h) or (i) may be returned to its former permitted use within three years without planning permission being required.
Assuming the draft regulations are approved by both Houses of the Oireachtas, they will come into force as soon as they are made by the Minister for the Environment, Community and Local Government. I commend the draft regulations to the committee and I will endeavour to answer any questions members may have on this matter.
I can see where the Minister of State is coming from with this and the only concern I have, which is probably not for this forum or for the Minister of State, in the sense he is here to speak about a planning matter, is that we need to try to move away from institutionalisation. The Minister of State has spoken about this. It is not good for people, particularly children, or for wider society. We have used institutions in the past in this country for different purposes and it damages people and society. It would be better to move away from it. I know it cannot be done with the wave of a magic wand but we should try to move people as quickly as possible out of direct provision. I see what is being doing with the regulation.
That concludes our discussion on the motion regarding the Planning and Development (Amendment) (No. 4) Regulations 2015. I thank the Minister of State, Deputy Aodhán Ó Ríordáin, and the officials for attending.