Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I move amendment No. 771:

In page 295, between lines 7 and 8, to insert the following:

“Local authority housing development

155. (1) The chief executive of a local authority shall, before the carrying out of a local authority housing development by, on behalf of or jointly with that local authority—

(a) inform the members of the local authority of the intention to carry out that development, and

(b) provide those members with such documents, particulars and plans as relate to that development.

(2) The Minister may make regulations providing for any or all of the following matters in respect of local authority housing development:

(a) the giving of public notice by the local authority of the intention to carry out the development;

(b) the publication by a local authority of any specified notice in respect of the development;

(c) the making available for inspection, including by members of the public, of such documents, particulars or plans as relate to the development;

(d) notification of bodies prescribed for the purposes of this section of the intention to carry out the development;

(e) the entry of particulars of the development in the register;

(f) a requirement that local authorities provide the Minister with information of such a type as is specified in the regulations and at such intervals as is so specified.

(3) Sections 138, 139 and 140 of the Local Government Act 2001 shall not apply in respect of local authority housing development.

(4) In this section—

“housing development” means the construction or erection of one or more than one house and includes—

(a) the construction of a new road, or the widening or realignment of an existing road, to any such house,

(b) the construction or erection of pumping stations, treatment works, holding tanks or outfall facilities for waste water or storm water, to serve any such house,

(c) the laying underground of sewers, mains, pipes or other apparatus to serve any such house,

(d) the provision of open spaces, recreational and community facilities and amenities and landscaping works to serve any such house, and

(e) the provision of car parks, car parking places, surface water sewers and flood relief work, and ancillary infrastructure, to serve any such house;

“local authority housing development” means local authority development commenced on or before 31 December 2025 that—

(a) is housing development,

(b) does not materially contravene a development plan, urban area plan, priority area plan or joint area plan,

(c) is in accordance with the strategy included in the development plan for the area in accordance with subsection (1) of section 218,

(d) is situated on land—

(i) owned by a local authority or a public authority,

(ii) zoned for residential use, and

(iii) that allows for access, or connection, to public infrastructure and facilities;

“public authority’ means—

(a) a Minister of the Government,

(b) an Education and Training Board established under the Education and Training Boards Act 2013,

(c) the Courts Service,

(d) the Digital Hub Development Agency,

(e) the Dublin Institute for Advanced Studies,

(f) Enterprise Ireland,

(g) the Environmental Protection Agency,

(h) An Garda Síochána,

(i) the Health Service Executive,

(j) the Housing and Sustainable Communities Agency,

(k) the Industrial Development Agency (Ireland),

(l) an institute of technology that is a college within the meaning of the Regional Technical Colleges Act 1992,

(m) the Institute of Public Administration,

(n) the part of the Department of Justice charged with the management of prisons,

(o) the Legal Aid Board,

(p) the Marine Institute,

(q) the National Archives,

(r) Oberstown Children Detention Campus,

(s) the Commissioners of Public Works in Ireland,

(t) Ordnance Survey Ireland,

(u) Sport Ireland,

(v) the State Laboratory,

(w) Teagasc,

(x) a technological university within the meaning of the Technological Universities Act 2018, or

(y) An tSeirbhís Oideachais Leanúnaigh agus Scileanna;

“public infrastructure and facilities” includes, in relation to local authority housing development—

(a) roads,

(b) footpaths,

(c) public lighting,

(d) foul sewer drainage,

(e) surface water drainage, and

(f) water supply,

provided in connection with, or that otherwise serve, the development.”.

This amendment relates to the local authority own development approval procedures for social and affordable, including cost-rental, housing that were introduced in the Act of 2000 by way of the Planning and Development and Foreshore (Amendment) Act 2022 and that were not included in the published version of this Bill. The amendment inserts these provisions as a new section 155 of the Bill to mirror what was introduced in 2022, providing that certain housing developments being constructed by local authorities on designated State lands shall be temporarily exempted from the normal Part 8 local authority own-development approval process and shall also be classified as exempted development for planning purposes. Under these provisions, the chief executive is required to inform the elected members of a local authority of proposed housing developments which it is intended to progress under the exemption, as well as to give public notice and enable public inspection of the proposals in a prescribed manner. This enables the elected members and members of the public to input into the process of progressing the proposed development.

These arrangements are a temporary, time-limited measure to help expedite the provision of housing by local authorities in the context of the need to accelerate the delivery of much-needed housing supply. The original provisions inserted by the 2022 Act provided that development works on the housing projects availing of this exemption were required to be commenced no later than 31 December 2024. However, one change is now being made to the 2022 Act provisions to extend the requirement for relevant development works to be commenced by a year. They must now be commenced no later than 31 December 2025. Given the ongoing need to provide for accelerated delivery of social and affordable housing in the context of the current housing supply shortage, this one-year time extension is considered appropriate in light of the delays that can be encountered in public procurement and tendering for projects by local authorities, while also providing more time to ensure that the sites in question are appropriately supported by necessary infrastructure and services, including roads and water services, prior to the commencement of works.