Oireachtas Joint and Select Committees

Thursday, 10 February 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

Planning and Development Act (Exempted Development) Regulations 2022: Minister for Housing, Local Government and Heritage

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I remind members that some limitations remain which, I believe, are sensible. They include a requirement that the property must be vacant for at least two years prior to the commencement of the work. We do not want people closing premises and then saying they will convert them. There are requirements for adherence to the minimum requirements of floor area, as well as storage space requirements and the need for adequate natural light and habitable rooms. There is a good reason for those, which are that we want good quality apartments and homes. It is right it would follow the current standards. There is a maximum of nine residential units, which I have explained. That is consistent with the current exemption and is the reason I kept it at nine. If we are getting into bigger developments than that, which may impact upon adjacent premises or residential areas, it is more appropriate they would go to planning. Obviously, the relevant controls must be adhered to in regard to protected structures and the external fabric of the building. The other item is that the conversion must comply with all building control requirements, including fire safety, and be structurally sound.

On the 250 sq. m issue, this size area would cover most average vacant pubs throughout the country. A vacant building where above the shop is vacant would be exempt anyway, but what we were seeking to do within the regulations was to ensure a person would have to designate that the former licensed piece was under 250 sq. m. Senator Cummins, in his discussions with officials in the Department, both gentlemen who are here with me, outlined a number of specific examples where that requirement would make it too onerous and very difficult to be able to define between one and the other. In the overall scheme of things, we are looking at a small proportion and we have some data from the survey we carried out with local authorities on the average size of pubs, which was 226 sq. m and was therefore under 250 sq. m. That is the reason for the removal of the restriction. It is for ease of implementing these changes. I hope that answers the questions.

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