Dáil Éireann Debate, Wednesday - 7 February 2024
278. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage if he is aware of possible instances where the Sustainable Residential and Compact Settlements Guidelines for Planning Authorities policy may be in conflict for local authority development plans; if there are such conflicts, how can they be resolved; and if he will make a statement on the matter. [5491/24]
Amharc ar fhreagraMy Department issued the ‘Sustainable Residential Development and Compact Settlements Guidelines for Planning Authorities’ on 15 January 2024 under Section 28 of the Planning and Development Act, 2000 (as amended). The provisions of the Guidelines apply to all planning decisions made after the Guidelines came into force.
The Guidelines set national planning policy and guidance in relation to the development of urban and rural settlements, with a focus on sustainable residential development and the creation of compact settlements. The Guidelines build on and update previous guidance to take account of current Government policy and economic, social and environmental considerations.
Section 28 of the Planning and Development Act 2000 (as amended) provides that planning authorities and An Bord Pleanála shall have regard to the policies and objectives of the Guidelines and shall apply any specific planning policy requirements (SPPRs), in the performance of their functions.
The Guidelines include policies and objectives in relation to density, design and placemaking and public open space provision. They also contain national housing standards in the form of SPPRs in relation to separation between dwellings, privacy, private open space and car and cycle parking.
When making a decision in relation to a planning application, the Act requires a planning authority to have regard to the policies and objectives of the Guidelines. In cases where a policy and objective differs from the provisions of the development plan in force, the planning authority can decide to apply the ‘policies and objectives’, but will need to consider whether this would contravene materially an objective of the development plan. The planning authority is required to apply SPPRs even in cases where it would differ from the provisions of the development plan.
It is likely that a significant number of current adopted development plans allow for the application of the Guidelines, either in full or in part. In support of a plan-led system and to ensure consistency, planning authorities have been requested by Circular Letter (Circular Letter: NRUP 02/2024) to review their statutory development plans as soon as possible and to form a view as to whether the plan(s) is materially consistent with the policies and objectives of the Guidelines. Where a planning authority is of the view that there is a material inconsistency, the Circular Letter recommends that steps are taken to vary the statutory development plan to remove the inconsistency(s).
