Mr. Paul Hogan:

The proposed new arrangements, as agreed by the consultative forum, comprise three pillars, namely, pre-application consultation stage, planning application stage and appeal stage. In terms of timelines, the new large-scale residential development proposals, as outlined in the general scheme, will require planning authorities to complete the final consultation meeting aspect of the pre-application consultation stage, including the provision of an opinion as to whether the proposals constitute a reasonable basis for moving to the next phase and submitting a planning application within eight weeks of receipt of such a meeting request from the developer or project promoter.

The new arrangements will further require planning authorities to determine LSRD planning applications within eight weeks of receipt, with limited scope for further information requests during the application stage which in the past have resulted in considerable delays in determining planning applications. In this connection, prior to the introduction of the SHD arrangements, decisions on large-scale housing development planning applications were often delayed by the issuing of further information requests by local authorities, with multiple such requests being issued in respect of some development proposals. These further information requests primarily related to factors such as the capacity of existing infrastructure to service the proposed development, impacts on adjoining developments, height density design issues, open spaces, traffic impacts, including ingress and egress to proposed developments, flood risk, Part V social housing requirements, etc.

In order to avoid such delays under the new large-scale residential development arrangements, the general scheme proposes that all of these issues should now be front-loaded and addressed by the planning authority and the developer at the initial pre-application consultation stage, while giving a small degree of flexibility to planning authorities by allowing for the possibility of no more than one further information request at the subsequent planning application stage in case an issue or issues arise that were not addressed at the initial pre-application stage. This is a significant streamlining of the arrangements previously operated by local authorities prior to the introduction of the strategic housing development arrangements.

With regard to the appeal stage, the board will be required to determine large-scale residential development appeals within 16 weeks of receipt, again with similar limited scope for further information requests. These streamlined large-scale residential development arrangements, involving mandatory timelines, have the potential to be almost as time efficient as the strategic housing development arrangements they are replacing, while also returning the primary decision-making function to local level. The reintroduction of an appeal mechanism to the board should assist in reducing the number of judicial review challenges against large-scale residential development planning application decisions. It should also be mentioned in relation to the appeal stage that the board has committed to maintaining the internal structures it operated for strategic housing development planning arrangements, availing of the same dedicated resources and expertise it had under its strategic housing development team arrangements, to ensure the prioritised determination of large-scale residential development appeals under the new arrangements.

The current strategic housing development planning arrangements are due to expire by 25 February 2022 at the latest. Consequently, it is necessary to ensure that the new provisions for large-scale residential developments will be enacted and in place well in advance of this date so the relevant sectors, including local planning authorities, the board, developers, architects, planners and surveyors, can make the necessary preparations to transition smoothly to the new arrangements. In this regard, head 13 of the general scheme outlines indicative transitional dates and timelines for the termination of the various phases of the strategic housing development arrangements and their replacement by the new large-scale residential development arrangements. In light of these indicative timelines, it is important that the necessary amending legislation is in place as early as possible. In this connection, the Department intends, further to completion of pre-legislative scrutiny of the general scheme, to publish during the month of October a Bill relating to the new large-scale residential development arrangements with a view to its consideration and progression in both Houses of the Oireachtas and, if possible, ultimate enactment of the Bill by December.

I thank committee members for their attention. My colleagues and I are happy to respond to questions or comments that committee members might have on the proposals in the general scheme.