Planning and Development (Amendment) (Large-scale Residential Development) Act 2021

1. Definitions

1. In this Act—

“Act of 2016” means the Planning and Development (Housing) and Residential Tenancies Act 2016;

“Principal Act” means the Planning and Development Act 2000.

2. Amendment of section 2 of Principal Act

2. Section 2 of the Principal Act is amended by the insertion of the following definitions:

“ ‘LRD’ means large-scale residential development;

‘LRD appeal’ means an appeal against a decision of a planning authority that relates to an application for permission to which section 32A(1) applies;

‘LRD meeting’ means a meeting in accordance with sections 32B and 32C;

‘LRD opinion’ has the meaning given to it by section 32D;

‘LRD floor space’, in relation to a building or part of a building, means the area ascertained by the internal measurement of the floor space on each floor of a building or part of a building (including internal walls and partitions), disregarding any floor space provided for—

(a) the parking of vehicles by persons—

(i) occupying or using the building or the part of the building,

(ii) for a purpose incidental to the primary purpose of the building or part of the building,

and

(b) ancillary residential services, including gyms and child-care facilities;

‘large-scale residential development’ means a development that includes—

(a) the development of 100 or more houses,

(b) the development of student accommodation that includes 200 or more bed spaces,

(c) both the development of 100 or more houses and of student accommodation, or

(d) both the development of student accommodation that includes 200 or more bed spaces and of houses,

where the LRD floor space of—

(i) in the case of paragraph (a), the buildings comprising the houses,

(ii) in the case of paragraph (b), the student accommodation,

(iii) in the case of paragraphs (c) and (d), the buildings comprising the houses and the student accommodation,

is not less than 70 per cent, or such other percentage as may be prescribed, of the LRD floor space of the buildings comprising the development;

‘prospective LRD applicant’ has the meaning given to it by section 32A;

‘student accommodation’ means a building or part thereof used, or to be used, for the sole purpose (subject to paragraph (b)) of providing residential accommodation to students during academic term times, whether or not provided by a relevant provider (within the meaning of the Qualifications and Quality Assurance (Education and Training) Act 2012), and that is not used, or to be used,—

(a) as permanent residential accommodation, or

(b) as a hotel, hostel, apart-hotel or similar type accommodation other than for the purposes of providing residential accommodation to tourists or visitors outside of academic term times;”.

3. Insertion of sections 32A to 32G into Principal Act

3. The Principal Act is amended by the insertion of the following sections after section 32:

“Person to seek opinion of planning authority prior to application for LRD

32A. (1) A person who intends to apply for permission under this Part—

(a) for large-scale residential development,

(b) on land—

(i) that is not located in a strategic development zone, and

(ii) the zoning of which facilitates its use for the purposes proposed in the application,

(referred to in this Act as a ‘prospective LRD applicant’) shall not make the application unless at that time he or she holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.

(2) A planning authority shall refuse to consider an application for permission—

(a) for large-scale residential development,

(b) on land—

(i) that is not located in a strategic development zone, and

(ii) the zoning of which facilitates its use for the purposes proposed in the application,

unless it is satisfied that the applicant holds an LRD opinion, or written confirmation referred to in section 247(7), in relation to the proposed LRD provided not more than 6 months before the date of the application.

(3) Where a planning authority refuses to consider an application for permission under subsection (2), it shall return the application to the applicant, together with any fee received from the applicant in respect of the application, and shall give reasons for its decision to the applicant.

Request for LRD meeting

32B. (1) A prospective LRD applicant may, once he or she has consulted the appropriate planning authority or authorities in whose area or areas the proposed LRD would be situated in accordance with section 247, request an LRD meeting with that planning authority or authorities.

(2) A request under subsection (1) shall be in writing, be accompanied by the appropriate fee and include—

(a) the name and address of the prospective LRD applicant,

(b) a site location map sufficient to identify the land on which the proposed development would be situated,

(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment,

(d) a draft layout plan of the proposed development,

(e) a brief description of any proposals to provide for water services infrastructure, including, in the case where it is proposed to connect the proposed development to a public water or wastewater network or both, evidence that Irish Water has confirmed that it is feasible to provide the appropriate service or services and that the relevant network or networks have the capacity to service the proposed development,

(f) details of any consultations that have taken place with prescribed bodies or the public,

(g) such other information, drawings or representations as the prospective LRD applicant may wish to provide or make available,

(ga) a statement setting out how the proposed LRD has had regard to the relevant objectives of the development plan or local area plan in whose area or areas the proposed LRD would be situated, and

(h) such further information as may be prescribed.

(3) Without prejudice to the generality of subsection (2)(h), the Minister may, in particular, for the purposes of that paragraph, prescribe information regarding the following matters:

(a) the proposed types of houses and student accommodation units and their design, including proposed internal floor areas, housing density, plot ratio, site coverage, building heights, proposed layout and aspect;

(b) the provision of public and private open spaces, landscaping, play facilities, pedestrian permeability, vehicular access and parking provision, where relevant;

(c) the provision of ancillary services, where required, including child care facilities;

(d) any proposals to address or, where relevant, integrate the proposed development with surrounding land uses;

(e) road infrastructure;

(f) any proposals to provide for services infrastructure (including water, wastewater and cabling, including broadband provision), and any phasing proposals;

(g) proposals under Part V, where relevant;

(h) details of protected structures and archaeological monuments included in the Record of Monuments and Places, where relevant;

(i) any aspect of the proposed development likely to have significant effects on the environment or significant effects on a European site.

(4) The planning authority may, prior to the LRD meeting taking place, consult with any person who may, in the opinion of the planning authority, have information that is relevant for the purposes of the LRD meeting in relation to a proposed development.

(5) Where a planning authority consults with a person under subsection (4), a written record shall be taken of such a consultation and kept by the planning authority and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

LRD meeting

32C. (1) Where the prospective LRD applicant submits a request in accordance with section 32B, the planning authority shall convene an LRD meeting to take place within the period of 4 weeks beginning on the date on which the request is received by the planning authority.

(2) The following persons shall attend an LRD meeting convened under subsection (1):

(a) the planning authority;

(b) the prospective LRD applicant, one or more persons on his or her behalf, or both.

(3) The planning authority shall ensure that planning authority officials attending the LRD meeting on its behalf have a sufficient level of relevant knowledge and expertise in the matter concerned.

(4) The planning authority shall keep a record in writing of any LRD meeting including a copy of the request for the meeting and accompanying documents, the names of those who participated in the meeting and any explanation provided under section 32C(7) or 32D(4), and a copy of such record shall be placed and kept with the documents to which any application in respect of that proposed development relates.

(5) A record kept by a planning authority under subsection (4) shall only be made public when a planning application in respect of the proposed development is made in accordance with section 34.

(6) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of holding an LRD meeting, including—

(a) matters that are required to be considered at the LRD meeting,

(b) matters that may be considered at the LRD meeting, and

(c) the manner in which the LRD meeting is to be conducted.

(7) Where, on the expiry of the period specified in subsection (1), the LRD meeting has not taken place, the planning authority shall proceed to convene the LRD meeting as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why the LRD meeting did not take place in the specified period.

LRD Opinion

32D. (1) The planning authority shall provide an opinion (referred to in this Act as an ‘LRD opinion’) to the prospective LRD applicant, within the period of 4 weeks beginning on the date on which the LRD meeting takes place, as to whether or not the documents submitted for the purposes of the meeting constitute a reasonable basis on which to make an application for permission for the proposed LRD.

(2) Where the opinion of the planning authority is that the documents submitted for the purposes of the meeting do not constitute a reasonable basis on which to make an application for permission for the proposed LRD it shall specify in the LRD opinion—

(a) the areas, or the issues, in respect of which the documents submitted do not constitute a reasonable basis on which to make the application, and

(b) any issues that, if addressed by the relevant documents, could result in the documents constituting a reasonable basis on which to make the application.

(2A) The LRD opinion issued by a planning authority under subsection (1) shall be made public when a planning application in respect of the proposed development is made in accordance with section 34.

(3) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient for the purposes of the planning authority providing an LRD opinion, including the form of the LRD opinion.

(4) Where, on the expiry of the period specified in subsection (1), the planning authority has failed to provide an LRD opinion, the planning authority shall proceed to do so as soon as practicable, notwithstanding that the period has expired, and provide the applicant with a written explanation why it failed to provide the LRD opinion in the specified period.

LRD procedure without prejudice to performance by the planning authority of other functions

32E. Neither the taking place of an LRD meeting nor the provision of an LRD opinion shall prejudice the performance by the planning authority of its functions under this Act or any regulations under this Act or any other enactment and cannot be relied upon in the formal planning process or in legal proceedings.

Effect of steps not being completed within the time period

32F. A person shall not question the validity of any steps taken by a planning authority by reason only that the procedures set out in section 32C(1) or 32D(1), as the case may be, were not completed within the time referred to in the subsection concerned.

Offence of taking payment, etc. in connection with LRD procedure

32G. A member or official of a planning authority who takes or seeks any favour, benefit or payment, direct or indirect (on his or her own behalf or on behalf of any other person or body), in connection with the provision of an LRD opinion commits an offence.”.

4. Amendment of section 33 of Principal Act

4. Section 33(2) of the Principal Act is amended by the insertion of the following paragraph after paragraph (g):

“(ga) enabling planning authorities to request applicants to submit further information with respect to their applications, for the purposes of paragraph (g), and providing for, in respect of different classes or descriptions of development, the information or type of information which may be requested and the number of requests that may be made;”.

5. Amendment of section 34 of Principal Act

5. Section 34 of the Principal Act is amended—

(a) by the insertion of the following subsection after subsection (1A):

“(1B) Where a planning authority receives an application for permission to which section 32A(1) applies it shall notify the elected members of the planning authority of the making of the application, of where the application is available for inspection, and of such other information as may be prescribed.”,

(b) by the insertion of the following subsection after subsection (3B):

“(3C) In determining an application for permission that relates to a development in respect of a part of which permission has previously been granted—

(a) under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016, or

(b) on foot of an application in accordance with section 32A,

the planning authority concerned shall, notwithstanding section 34(2)(a), be restricted in its determination of the application, other than in respect of any assessment of the effects of the proposed development on the environment, to considering the modifications proposed by the applicant to the previously permitted development and for the purposes of determining such an application the reference in subsection (6) to ‘the development concerned’ shall be read as a reference to ‘the modifications to the previously permitted development’.”,

and

(c) in subsection (8)—

(i) in paragraph (b)(ii), by the substitution of “if, within the period specified in subparagraph (i), in relation to further information” for “if in relation to further information”,

(ii) in paragraph (c)(ii), by the substitution of “if, within the period specified in subparagraph (i), in relation to further information” for “if in relation to further information”, and

(iii) in paragraph (ca)(ii)(II), by the substitution of “if, within the period specified in clause (I), in relation to further information” for “if in relation to further information”.

6. Amendment of section 50A of Principal Act

6. Section 50A of the Principal Act is amended—

(a) in subsection (10), by the substitution of “an application for section 50 leave, an application for judicial review on foot of such leave or an application for leave under subsection (7),” for “an application for section 50 leave or an application for judicial review on foot of such leave,” and

(b) by the insertion of the following subsections after subsection (12):

“(13) For the avoidance of doubt, where—

(a) the Court has granted leave to appeal its decision in accordance with subsection (7), or

(b) an appeal has been brought to the Court of Appeal in accordance with subsection (8),

any party to the appeal may, at any time thereafter prior to the determination of such appeal, without any prior application to the Court of Appeal, apply to the Supreme Court under Article 34.5.4 of the Constitution to determine the appeal.

(14) Where the Supreme Court grants an application referred to in subsection (13), the Court of Appeal shall, in respect of the proceedings before it in relation to the appeal, provide by order for the discontinuance of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal, whether or not any application in relation to the appeal has been made to the Court of Appeal.

(15) The Supreme Court shall act as expeditiously as possible consistent with the administration of justice in determining any application referred to in subsection (13) and, where the Supreme Court grants the application, any appeal.”.

7. Amendment of Part V of Principal Act

7. The Principal Act is amended—

(a) in section 94—

(i) in subsection (3)—

(I) in paragraph (c), by the deletion of “and”,

(II) in paragraph (d), by the substitution of “, and” for “.”, and

(III) by the insertion of the following paragraph after paragraph (d):

“(e) the existing need and the likely future need for housing, in particular houses and duplexes, for purchase by intending owner-occupiers.”,

(ii) by the insertion of the following subsection after subsection (7):

“(8) Where on the date on which this subsection comes into operation a development plan includes a housing strategy—

(a) the chief executive of the planning authority shall, for the purpose of the performance by a planning authority of its functions under this Part, make an estimate of the amount of housing referred to in subsection (3)(e) required in the area of the development plan during the period of the development plan,

(b) such estimate may state the different requirements for housing for different areas within the area of the development plan, and

(c) such estimate shall be deemed to be included in the housing strategy concerned.”,

and

(b) in section 95(1)(b), by the insertion of “section 94(3)(e) and” after “housing referred to in”.

8. Insertion of sections 126A and 126B into Principal Act

8. The Principal Act is amended by the insertion of the following sections after section 126:

“Time limits for LRD appeals

126A. (1) Notwithstanding section 126(2), and subject to subsections (3), (4) and (5), the Board shall determine an LRD appeal—

(a) where no oral hearing is held, within 16 weeks of the receipt by the Board of the appeal, or within such other period as may be prescribed under subsection (2),