Dáil Éireann Debate, Tuesday - 5 April 2022
319. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if he will report on the Housing for All plan for ending strategic housing developments, returning planning decisions to local authorities and reforming the judicial review process. [17548/22]
Amharc ar fhreagraThe 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) have 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) will have 16 weeks to submit an SHD application to the Board from the date of receipt of the SHD opinion.
On the matter of judicial review reform, it is intended that the substantive legislative changes will be enacted by end 2022 in the context of the overall Planning Review and in tandem with the establishment of the Environmental and Planning Court which is being progressed by my colleague the Minister for Justice. The Minister is considering some minor technical amendments before the Summer in this regard, mainly to align provisions with EU law.
