Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank the Senator and Senators Moynihan and Bacik for giving me the opportunity to address this matter in the House. On his appointment, the Minister for Housing, Local Government and Heritage, Deputy O'Brien, undertook a review of co-living development. This work was prioritised among many other important matters. Further to that review it was indicated in a letter dated 23 November 2020 to all local authorities, An Bord Pleanála and the Office of the Planning Regulator that the preferred approach was to restrict the future development of commercial co-living development in Ireland. On completion of the necessary environmental assessment processes in the minimum time possible to ensure compliance with EU directive regulations, the Minister issued a subsequent letter to the planning authorities on 23 December 2020 giving notice that the updated Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2020 had been published as ministerial guidance under section 28 of the Planning and Development Act 2000, as amended.

The main purpose of issuing the updated apartment guidelines was to give effect to the conclusion of the co-living review process and to introduce a specific planning policy requirement for a presumption against the granting of planning permission for co-living development. The reasons informing this decision included: the inappropriate scale and location of co-living developments permitted and proposed at the time of the review; the need for a local authority-led evidence-based approach to guide the provision of this type of accommodation, which may be informed by the housing need and demand assessment process and which is being developed with local government sector; potential impact on land values if the number of proposals at the time of review were to continue to increase in current housing market conditions; new Government policy and priorities as set out in the new Programme for Government: Our Shared Future, with a strong emphasis on expanded social and affordable rented housing sectors; and the fact that at the time of review there was sufficient quantum of co-living units either permitted or subject to planning consideration to prove the co-living concept.

Accordingly, specific planning policy requirement No. 9 of the updated guidelines as published in December 2020 provides that there will be a presumption against granting planning permission for shared accommodation or co-living development unless the proposed development is either required to meet the specific demand identified by a local planning authority further to a housing need and development assessment process or is, on the date of publication of these updated guidelines, a valid planning application to a planning authority, an appeal to An Bord Pleanála, or a strategic housing development planning application to An Bord Pleanála, in which case the application or appeal may be determined on its merits. As such, specific planning policy requirement No. 9 includes provision to preclude consideration of new proposals for co-living development, and was a proportionate, measured and swift response, in accordance with the Minister's powers under the Planning and Development Act.

The crucial point is that the Planning and Development Act 2000 includes explicit provision under section 30 of the Act to ensure the Minister shall not exercise any power or control relating to any particular case with which a planning authority or the board - An Bord Pleanála - is or may be concerned, notwithstanding section 28 relating to guidelines. This is to protect the independence and integrity of the planning system. It was not, therefore, within the powers of the Minister or the Government under the Planning and Development Act simply to ban the construction of co-living schemes in cases where applicants had already entered the planning process prior to issuing updated guidelines. Furthermore, it is not is within the powers of the Minister or the Government under the Planning and Development Act simply to ban the construction of co-living schemes where construction has not commenced and there is a valid planning permission in place.Planning permission is granted in accordance with the policy and legislation in place at the time of the decision. A policy change after permission has been granted does not affect the legitimacy of that permission. Where planning permission has already been granted for a particular development, such as shared accommodation, the applicant generally has five years to implement that permission. It is noted, however, that there is a provision in the Planning and Development Act to revoke or modify a permission under section 44 of that Act, but this is not a ministerial function. Rather, it is a function of the planning authority.