Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The European Union (Planning and Development) (Displaced Persons from Ukraine Temporary Protection) Regulations 2022 (S.I. 306 of 2022) were introduced in response to the emerging Ukrainian crisis. The Regulations give effect to Council Directive No 2001/55 EC and Council Implementing Decision EU 2022/382 of 4 March 2022 (European Council Decision) to provide immediate protection in EU countries for persons displaced by the Russian invasion of Ukraine, including the need to provide emergency accommodation and support to these displaced persons.

The Regulations provide that the provisions of the Planning and Development Act 2000 (other than the environmental considerations in Sections 181A to 181C) will not apply to certain classes of development by or on behalf of a State Authority for the purposes of providing temporary protection to displaced persons as specified in the Regulations.

The specified development classes will not require planning permission for the period that the regulations are in place and will not be subject to the various restrictions that would normally apply to classes of exempted development.

The classes of development comprise of the following:

• Reception and integration facilities;
• Residential accommodation, including ancillary recreational and sporting facilities;
• Medical and other health and social care accommodation;
• Education and childcare facilities, including ancillary recreational and sporting facilities;
• Emergency management coordination facilities;
• Structures or facilities ancillary to development referred to above, including administration and storage facilities; and
• Infrastructure and other works ancillary to the above development.

The classes of development listed may include the change of use and repurposing of existing buildings and facilities, and temporary new-build accommodation and structures to address the urgent need to provide emergency accommodation and support to displaced persons from the conflict in Ukraine.

The duration of the Regulations is linked to the duration of temporary protection provided by European Council Implementing Decision EU 2022/382 of 4 March 2022. Accordingly, the regulations will be in force for an initial period of one year with a maximum extended total period of three years from 4 March 2022.

The temporary exemptions from the Planning and Development Act will only apply while the regulations are in force. After this time the removal, demolition or alteration of any temporary structure and the discontinuance of any temporary use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development, will be required, unless the development is permitted, exempted or otherwise regularised by the Planning and Development Act 2000, or the Planning and Development Regulations 2001-2023.