Planning & Development Legislation

Posted by on Feb 27, 2017

housing-actThe Planning and Development (Housing) and Residential Tenancies Act 2016 is now available on Irish Statute Book: (http://www.irishstatutebook.ie/eli/2016/act/17/section/5/enacted/en/html). We await clarification on some aspects of this Act with the publication of legislation in the coming months.

 

Part 2 of the Act amends the Planning and Development Act 2000, by creating a category of development called Strategic Housing Developments providing a route for determination of planning consent through a new division of An Bord Pleanála.

 

Strategic-Housing-Application-ProcessWhat does Strategic Housing Development mean?

 

  • The development of 100 or more houses on land zoned for residential use or for a mixture of residential and other uses,
  • The development of student accommodation units which, when combined, contain 200 or more bed spaces, on land the zoning of which facilitates the provision of student accommodation or a mixture of student accommodation and other uses thereon, or
  • The alteration of an existing planning permission granted under section 34 where the proposed alteration relates to development specified in paragraph a) or b).

 

 

 

 

 

What does this mean for developers?

 

  • A determination timeframe of a minimum 25 weeks including consultation (i.e. 9 weeks’ consultation and 16 weeks for refusal or grant of permission).
  • The Act insists that all information necessary to determine the application must be submitted to An Bord Pleanála at the time of application, there is no opportunity for further information requests. If the request to make an application does not contain all the information necessary, the application can be returned by the Board;

 

Fehily Timoney & Company is ideally positioned in this sector with the in-house disciplines of planning, hydrology, geo-tech engineering, scientists, ecology and civil and structural engineering. In addition, our planning and EIA experience on some of the largest Strategic Infrastructure Development (SID) projects in the Country has provided us with the knowledge and expertise in making legally robust planning applications and EIA’s for such proposals which is akin to this newly adopted approach taken by the Government for Strategic Housing Development.

FTC are happy to discuss your housing proposal and provide expert knowledge on the procedural and technical process of making a robust application to An Bord Pleanála. Please contact Jim.Hughes@nullftco.ie.

Download: Strategic-Housing-Application

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